POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Bava Metzia 42
BAVA METZIA 42 (19 Teves) - has been dedicated to the memory of Hagaon Rav
Yisrael Avraham Abba ben Harav Chaim Binyamin Ze'ev Krieger ZT"L, author of
Yad Yisrael (on Rambam) and many other Sefarim, by his son, Benayahu
1) BEST WAY TO KEEP MONEY
(a) (Mishnah): Reuven deposited coins by Shimon; they were
lost through one of the following: Shimon wrapped them
and cast them on his back (and carried them), or gave
them to his (minor) children to guard, or he locked in
front of them improperly - he is liable, for this is not
as people guard;
2) SAFEST WAY TO KEEP COINS
(b) If he guarded normally, he is exempt.
(c) (Gemara) Question: The other cases we understand - but
wrapping them and casting them on his back, what else
should he have done?
(d) Answer (Rava): "V'Tzarta ha'Kesef b'Yadecha" - even if
the money is wrapped, it should be in your hand.
(e) (R. Yitzchak): A person's money should always be in his
hand - "V'Tzarta ha'Kesef b'Yadecha".
(f) (R. Yitzchak): A person should invest a third of his
money in land, a third in merchandise, and leave a third
(g) (R. Yitzchak): Blessing only comes on something hidden
from view - "ha'Beracha Ba'asamecha" (a language of
(h) (Tana d'vei R. Yishmael): Blessing only comes on
something that cannot be seen - "Ba'asamecha (in your
storehouse, which is hidden).
(i) (Beraisa): One who goes to measure his grain - first, he
should ask Hash-m to send a blessing on it;
1. While measuring, he blesses Hash-m to thank Him;
2. If he requests after measuring - this is a vain
prayer, for blessing does not take effect on
anything weighed, measured or counted, only on
something that is not seen.
(a) (Shmuel): The only proper guarding of coins is in the
3) LOSS DUE TO LACK OF KNOWLEDGE
(b) (Rava): Shmuel admits that one who receives a deposit of
coins just before Shabbos is not obligated to bury it
1. If he does not bury it immediately after Shabbos,
this is negligence, he is liable.
(c) (Rava): Shmuel admits that money may be hidden in a wall.
2. If the depositor is a Chacham, he need not bury them
immediately - perhaps the Chacham needs money for
the needs of Havdalah;
3. Nowadays, thieves use rods to feel for where (the
ground is thin, suggesting that) coins may be buried
there, so money should be concealed in the roof
4. Nowadays, thieves break roofs, money should be
concealed between layers of a wall.
1. Nowadays, thieves feel for hollows in the wall,
coins should be buried in the Tefach closest to the
ground or the ceiling.
(d) Question (Rav Acha brei d'Rav Yosef - Mishnah): The
ceiling caved in, burying Chametz - we consider it
1. R. Shimon ben Gamliel says, if a dog cannot uncover
it, it is Mevu'ar.
(e) Answer (Rav Ashi): Three Tefachim are needed by a dog,
that is how far it can smell;
2. (Beraisa): A dog can dig up 3 Tefachim.
3. Summation of question: Are three Tefachim needed to
1. To guard money, it suffices that it is hidden, 3
Tefachim are not needed.
(f) Reuven deposited coins by Shimon, who put them in a shack
of willow branches; they were stolen.
2. Question: How much is needed?
3. Answer (Rafram of Sichra): One Tefach.
(g) (Rav Yosef): This is guarded from thieves, it is
negligence regarding a fire (had a fire erupted, they
would have perished);
1. Version #1: When the beginning was negligence and
the end was Ones, he is liable.
(h) Reuven deposited coins by Shimon; when he claimed them,
Shimon forgot where he put them.
2. Version #2: When the beginning was negligence and
the end was Ones, he is exempt.
i. The Halachah is, he is liable.
(i) (Rava): This is negligence, Shimon must pay.
(a) Reuven deposited coins by Shimon, who gave them to his
mother to guard; she put them in a chest, and they were
(b) (Rava): We cannot make Shimon pay - one who deposits
expects that the watchman will entrust the deposit with
(adult) members of the watchman's family.
1. We cannot make his mother pay - she was not told
that it was another's money, that she should bury
(c) An overseer of orphans bought an ox for them; he gave it
to a cattle herder (Levi). It did not have (Rashi - gums
or) teeth; it could not eat, so it died.
2. Suggestion: Shimon is negligent for not telling her
it is another's money.
3. Rejection: All the more so, if she thinks it is her
son's she will guard it well!
4. Conclusion: Shimon swears that he gave them to his
mother, she swears that they were stolen from the
chest, and they are exempt.
(d) (Rami bar Chama): We cannot obligate the overseer - he
gave it to Levi!
1. We cannot obligate Levi - he put it with the other
cattle and put food in front of it, he did not know
it was not eating!
(e) Reuven deposited hops by Shimon. Shimon told his servant
(Levi) 'Take from here (Shimon's hops) and put in my
beer'; Levi took Reuven's.
2. Question: Levi was being paid by the orphans, he
should have checked!
3. Answer: Indeed, if the orphans stood to lose money,
Levi would be liable;
i. The case is, the orphans found the seller and
recovered their money from him.
4. Question: If so, who was claiming to be paid?
5. Answer: The seller - he is upset that they did not
tell him (that it has no teeth and they want to
6. Question: It was his animal, he knew it was a
7. Answer: The case is, the seller buys cattle and
sells them, he did not know it had no teeth.
8. Conclusion: The seller swears that he did not know
it had no teeth, and the herdsman pays (the seller)
for the meat at a discount (two thirds of the full
price, and returns the skin. Rashi - this is a
compromise; Tosfos - this is what it was worth, for
the seller would have had to slaughter it
immediately, it would not have lived until the
market day to get the full price.)
(f) (Rav Amram): We cannot obligate Shimon - he told Levi to
take from Shimon's own hops!
1. We cannot obligate Levi - Shimon did not say not to
take from the other pile!
2. Question: If Levi delayed long enough so that Shimon
could tell that he went to take Reuven's - this
shows that Shimon consented!
3. Answer: The case is, he did not delay so long.
4. Question: What was the loss? Shimon's hops were not
taken, he will give them to Reuven!
5. Answer #1 (Rav Sama brei d'Rava): The case is, the
6. Answer #2 (Rav Ashi): The hops had thorns mixed in,
he did not want them in his beer,
i. The Halachah is, Shimon must pay Reuven the
amount his beer increased in value.