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Previous daf Bava Metzia 81
BAVA METZIA 81-85 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
1) [line 8] AF ANAN NAMI TANINA - we also learn [the Halachah of Rav Chisda
taught by Rafram bar Papa from] a Mishnah (i.e. the Mishnah supports his
2) [line 23] L'SHAGRAN L'VEIS CHAMIV - to send it to [his betrothed who is
as yet in] his father-in-law's house
3) [line 24] LEFI TOVAS HANA'AH SHE'BAHEN - a small amount for the
impression that sending these items had upon my father-in-law and my
betrothed, even though she did not want the items
4) [line 26] KA MAMTINA LEI L'DUCHTA PELONI - I am taking it to
such-and-such a place
5) [line 31] SHEMIRAH B'VE'ALIM
(a) A Shomer (see Background to Bava Metzia 80:30) is exempt from theft,
loss or damages that occurred to an object if the item was stolen, lost or
damaged while its owner was working for the Shomer ("Be'alav Imo"). The
Gemara (Bava Metzia 95b) rules that as long as the owner was working for the
Shomer at the onset of the Shomer's obligation to guard the object, he gains
the exemption of Be'alav Imo.
(b) There is an argument as to whether this Halachah applies to a Shomer
Chinam for whom the owner of the item being guarded is working. That is,
some rule that he is exempt from theft, loss or damages that occur to the
object as a result of his own Peshi'ah (negligence), while others rule that
this Halachah does not apply to the negligence of a Shomer Chinam.
6) [line 35] AHALUYEI - (a) those who sell *aloe*, an alkaline plant used in
cleaning clothes (RASHI, 1st explanation); (b) *spice* merchants (similar to
the word Mor *va'Aholos* -- Tehilim 45:9) (RASHI, 2nd explanation); (c) tent
salesmen (RAN to Nedarim 91b)
7) [line 36] NATRU LI GELIMA'I - watch my cloak
8) [line 38] ICHSIF - he was embarrassed
9) [line 39] SHICHRA HAVAH KA SHASI - he was drinking beer at the time (and
as such, he was not working for his fellow Ahaluyei)
10a) [line 4] HANAHU BEI TREI - that certain pair
b) [line 5] D'HAVU KA MASGU B'ORCHA - who were walking together on the
11a) [line 5] CHAD ARICH - one was tall
b) [line 5] V'CHAD GOTZA - and one was short
12) [line 6] SADINA - a linen garment (that does not absorb as much water as
a woolen garment)
13) [line 7] MICHSI SARBELA - was wearing (lit. was covered with) a woolen
14) [line 7] KA MASGI B'CHAR'EI - he was going by foot
15) [line 9] V'SHAKLEI L'SADINEI DEHA'HU - and the short man took the linen
garment for the time that he would be in the water
16) [line 14] D'OGAR LEI CHAMRA L'CHAVREI - who rented out a donkey to his
17) [line 15] LO SEIZOL B'ORCHA D'NEHAR PEKOD - do not go by the way of the
18) [line 16] B'ORCHA D'NARASH - by the way of Narse, a town in Bavel
19) [line 19] MAH LI L'SHAKER?
The words "Mah Li l'Shaker" literally mean, "Why should I lie?" This concept
is a legal device with which a person's claim is believed because had he
wanted to lie, there was a lie that he could have used that would have been
more readily believed by Beis Din. However, if a person's believability in
Beis Din is based upon a Mah Li l'Shaker and there are witnesses who testify
against his claim, the witnesses are believed.
20) [line 30] IM HICHNIS BI'RESHUS - if he brought it in (his utensils,
animal or fruit) with permission
21) [line 34] BAS NETUREI HI - it is protectable
22) [line 35] AYIL - "Come in"
23) [line 43] YISHAVA (SHEVU'AH: SHEVU'AS SHOMER MASHKON)
(a) The Torah establishes the degree of responsibility that a Shomer has
when he accepts upon himself to guard an object and he does not specify any
other acceptance of responsibility at the time the object is given to him.
The Torah divides the degrees of responsibility into four categories of
Shomrim: Shomer Chinam, Shomer Sachar, Socher, and Sho'el -- see Background
to Bava Metzia 80:30 and 5:2:c.
(b) A creditor who takes a Mashkon (collateral) against a loan is considered
a Shomer Sachar with regard to his responsibility to guard that Mashkon.
When a Shomer Sachar exempts himself from payment by claiming that the item
was Ne'enas (an unavoidable accident), the Torah obligates him to support
his claim by taking an oath (Shemos 22:10). In addition, he must swear that
he did not use the object that he was guarding. (Using the object without
the owner's permission would make a Shomer liable even for Ones.) Only after
he swears is he exempt from payment. These oaths are among the Shevu'os
ha'Shomrim. Similarly, the creditor must take these oaths to exempt himself
for paying for the Mashkon, whereupon he then proceeds to collect his debt.
24a) [last line] MISHKENO BI'SHE'AS HALVA'ASO - a case where a creditor
takes a Mashkon at the moment that the loan was given [as a constant
reminder to the debtor that he owes money to the creditor[
b) [last line] MISHKENO SHE'LO BI'SHE'AS HALVA'ASO - a case where a
creditor takes a Mashkon after the moment that the loan was given [to be
used as payment for the loan]