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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Bava Kama 116

BAVA KAMA 116 - dedicated by Mr. Simon and Mr. Yitzi Joseph, of Manchester, to the memory of their late great uncle, Reb Yaakov ben Meir Eichen.


(a) According to Beis Shamai in a Beraisa, a barrel of wine that became Tamei must be poured out (because they are afraid of immediate Takalah).
What do Beis Hillel say?

(b) Rebbi Yishmael b'Rebbi Yossi makes a compromise. According to the first Lashon, he says 'Te'aseh Ziluf' in the house, and 'Tishafech' in the field (because by the time he takes it into the house, he might drink it).
What is Rebbi Yishmael's criterion in the second Lashon?

(c) What did the Chachamim mean when they said to Rebbi Yishmaeil 'Ein Hachra'ah Shelishis Machra'as'?

(d) Under which circumstances would it be considered a Hachra'ah?

(a) We learned in our Mishnah 've'Im Amar Atzil es she'Lecha ve Atah Nosen li Demei she'Li, Chayav Li'ten Lo'.
What does the Beraisa say about an escapee from jail who offers someone a Dinar to ferry him across the river?

(b) Why does this pose a problem on our Mishnah?

(c) How does Rami bar Chama establish the Seifa, which authorises the ferryman to recoup his full losses?

(d) How does this explain our Mishnah?

(a) Having taught us the Din of how much one may claim, in the case of the ...
  1. ... wine-barrel, why does the Tana find it necessary to add the case of the donkey?
  2. ... donkey ... why does he need to add the case of the wine-barrel?
(b) Rav Kahana asked Rav what the din will be if the owner of the donkey worth a Manah, after having stipulated that he would recoup his full losses, went to save the donkey worth two, and his own donkey was miraculously saved, whether he was still entitled to claim his full losses.
What was Rav's reply?

(c) We bear this out by citing an incident that occurred with Rav Safra. What happened to his donkey when his turn arrived to feed it to the lion that was guarding the animals of all the group?

(a) What did Rav Safra subsequently do?

(b) Rav Acha mi'Difti asked Ravina why Rav Safra needed to do that.
Seeing as Rav Safra had definitely declared his animal Hefker (when giving it to the lion), what was Rav Acha asking?

(c) What did Ravina answer?

(a) Rav asked Rebbi what the Din will be if the owner of the donkey worth a Manah, after making the required stipulation, attempts to save his friend's donkey but fails.
What was Rebbi's reply?

(b) What does the Beraisa rule in the case where a Sheli'ach goes to buy a cabbage or plums (or mountain-spinach) on behalf of a sick person, but when he returns, he finds that the sick person succumbed to his illness?

(c) How do we resolve this Beraisa with Rebbi's previous ruling?

Answers to questions



(a) What does the Tana of the Beraisa mean when he says that, if a caravan traveling in the desert is attacked by a band of robbers, 'they pay according to the money'?

(b) How will they pay when hiring a guide?

(c) Is this a hard and fast rule?

(a) Under which circumstances is a verbal agreement entered into by the donkey-drivers to provide any one of them whose donkey died with a new donkey, not binding?

(b) If he requests money instead of a new donkey, they are entitled to refuse.
Why is that?

(c) This seems obvious.
Why does the Tana need to mention it?

(a) If a storm brews in mid-ocean, and the passengers or the crew members of a ship are forced to toss belongings overboard to lighten the load, how will they share the responsibility?

(b) Is this a hard and fast rule?

(c) The rules of boats with regard to supplying a sailor whose boat got lost, follow the same pattern as those of donkey-drivers. The Tana adds however, that if the sailor lost his boat by taking it further into the river than the sailors normally venture, they are not obligated to provide him with a new one.
Why is this not obvious?

(d) So what is then the Chidush?

(a) What does the Tana of the Beraisa say in a case where a caravan traveling in the desert is attacked by robbers, and, after they have taken their loot, one of the travelers rescues it? Who takes the saved goods?

(b) In which case will the rescuer take all?

(c) What would be the Din in the case as it stands, assuming the travelers could ...

  1. ... have saved their goods themselves?
  2. ... not have done so?
(a) Rami bar Chama establishes the Beraisa when they are partners. What is then the Chidush? What are the respective reasons in the Reisha and in the Seifa?

(b) Rava establishes the Beraisa by an employee, and the Chidush conforms with a statement by Rav.
What did Rav say about an employee, and what are the respective reasons in the Reisha and in the Seifa?

(c) What is the basic distinction between the answers of Rami bar Chama and Rava?

(d) Rav Ashi establishes the Beraisa by anybody (partner, employee or anyone else), but the Tana speaks when the other travelers could have saved their goods with a lot of effort.
How does this explain the different between the Reisha and the Seifa?

(a) What does the Tana of our Mishnah say in a case where someone steals a field and it is stolen from him by Masikin (robbers)? When can the Gazlan say to the owner 'Harei she'Lecha Lefanecha', and when is he obligated to replace it?

(b) In the Pasuk in Ki Savo, what is the meaning of ...

  1. ... "be'Matzor u've'Matzok"?
  2. ... "Yeyarash ha'Tz'latzal"?
(c) What does Rav Nachman bar Yitzchak prove from here, in connection with 'Natluhah Masikin' in our Mishnah?
(a) What can we infer from the Reisha of our Mishnah ' ... Im Makas Medinah Hi, Omer Lo Harei she'Lecha Lefanecha'?

(b) Then why does the Tana find it necessary to add the Seifa 'Im Machmas ha'Gazlan, Chayav Le'ha'amid Lo Sadeh Acher'? How will we establish the Seifa?

(c) What is now the basis of the Gazlan's obligation to pay (see Tosfos 'DH Lo Tz'richa' [2])?

(d) In the second Lashon, we establish the Seifa when they actually forced the Gazlan to divulge his fields.
What is the difference between the two Leshonos (see Tosfos 'DH Lo Tz'richa [2])?

(a) When someone divulged to robbers which storehouse of wheat belonged to the Resh Galusa, Rav Nachman ordered him to pay.
What did Rav Nachman reply when Rav Huna bar Chiya asked him whether this was Halachah or a K'nas?

(b) On what grounds did Rav Yosef, who was sitting behind Rav Huna bar Chiya at the time, query him after Rav Nachman had left?

(c) What did Rav Huna bar Chiya answer him?

Answers to questions

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