POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Metzia 56
1) LENIENCIES OF DEMAI
(a) (Beraisa - R. Meir): Only a wholesaler is permitted to
sell Demai; a regular person, whether selling a lot or
little, must separate Ma'aser first.
2) ITEMS TO WHICH ONA'AH DOES NOT APPLY
(b) Chachamim say, even a regular person is allowed to sell
or give Demai as a gift.
(c) Question (Ravina - Mishnah - R. Meir): If one buys from a
Nachtom (Tosfos ha'Rosh - baker; Rashi - wholesaler of
bread) who is not trustworthy regarding Ma'aser, he may
separate warm bread (i.e. it was baked recently) as
Ma'aser on cold or vice-versa, even from different shapes
of bread on each other.
1. We understand why cold on warm is permitted - this
is as R. Ilai.
(d) Abaye: R. Elazar had a good question, Shmuel's answer is
i. (R. Ilai): One who separates bad produce to be
Terumah on good produce, it takes effect -
"V'Lo Tisa Alav Chet..." (You will not bear sin
if you separate good produce).
2. But why may he separate from different shapes of
bread on each other - perhaps he will separate from
tithed produce on untithed produce or vice-versa!
ii. If it would not become Terumah, why would he
bear sin?! We conclude that if bad produce is
separated, it takes effect.
1. R. Elazar asked regarding (Tevel, which by
mid'Oraisa Tevel is punishable by) death at the
hands of Heaven, and Shmuel answered from (Gitin,
which permit married women, for which the punishment
was) death at the hands of Beis Din;
(e) Rav Sheshes's question was improper - R. Elazar and
Shmuel spoke of (things punishable by) death, he asked
from (Ma'aser Sheni, which is only) a Lav - "Lo Tuchal
2. Perhaps Chachamim are more stringent by death at the
hands of Beis Din, since it is more stringent!
1. Rav Yosef's answer was proper.
(f) Question: Why did Ravina ask from a Nachtom - he should
have supported the law from a Palter (wholesaler of
1. (Mishnah - R. Meir): One who buys from a Palter must
tithe separately bread from each type of mold.
(g) (Rabah): Shmuel's answer was proper - death is
essentially the same, whether at the hands of Heaven or
2. (Question): What is the difference between a Palter
3. Version #1 (Tosfos ha'Rosh) Answer: We must say, a
Palter buys bread from different bakers, a Nachtom
(baker) buys all his wheat from one person, so even
if his bread is from different molds, we may tithe
from one to another.
4. Version #2 (Rashi) Answer: We must say, a Palter
buys from different bakers, a Nachtom (a smaller
scale wholesaler of bread) does not - even if a
Nachtom's bread is from different molds, we assume
that it was from one baker.
(a) (Mishnah): Ona'ah does not apply to the following:
slaves, documents, land, and Hekdesh;
(b) Also, one who steals them does not pay double, four or
five; a free watchman does not swear about them, a paid
watchman does not pay (if they are lost or stolen);
1. R. Shimon says, Ona'ah applies to Kodshim that have
Acharayos (if this animal cannot be brought, the
owner must bring another), not to Kodshim without
(c) R. Yehudah says, Ona'ah does not apply to a Sefer Torah,
animal or pearl;
3) IS PLANTED PRODUCE LIKE LAND?
1. Chachamim say, it applies to everything except the
(d) (Gemara): Question: How do we know this?
(e) Answer (Beraisa): "V'Chi Timkeru...Mi'Yad Amisecha" -
something acquired from hand to hand;
1. This excludes land, which cannot be moved; it
excludes slaves, which are equated to land;
(f) Question (Rabah bar Mamal): Whenever the Torah says
"Yado", does this literally mean 'hand'?!
2. It excludes documents, because "V'Chi Timkeru"
connotes that the matter itself is sold - documents
are sold for the proof they contain (of a sale or
3. Therefore, one who sells documents to a perfumer (to
wrap his bottles), Ona'ah applies to them.
i. Objection: This is obvious!
4. We learn Hekdesh from "Achiv" - his brother, not
ii. Answer: This comes to argue on Rav Kahana's
opinion, that Ona'ah of Perutos is not Ona'ah
(only Ona'ah of Isarim) - the Tana teaches that
it is Ona'ah (presumably, the intrinsic value
of documents is only Perutos).
1. "Va'Yikach Es Kol Artzo mi'Yado" - we cannot say
that Sichon's land was in his hand!
(g) Question (R. Zeira): Is there Ona'ah by rental?
2. Rather, it means from his possession - also in the
verse of selling, it means from his possession!
3. Counter-question: Is it true that 'Yado' never
literally means 'hand'?!
i. (Beraisa): Question: "(If the stolen object
will be found) B'Yado" - how do we know to
include his roof, yard or storage area?
4. Answer: Really, 'Yado' (almost) always means 'his
hand' - regarding Sichon, it is impossible to say
this, it must mean 'his possession'.
i. Answer: "Himatzei Timatzei" - the double
language comes to include them.
ii. We only expounded thusly because it says
"Himatzei Timatzei" - if not, we would have
said "Yado", literally means 'his hand'!
iii. (Another disproof - Beraisa): "V'Nosan b'Yadah"
- how do we know to include her roof, yard or
iv. Answer: "And he will give" (this is written
before "her hand", suggesting that he can put
it in other places as well.)
v. We only expounded thusly because it says
"V'Nosan" - if not, we would have said "Yado",
always means 'his hand'!
1. The verse of Ona'ah speaks of a sale - but not
(h) Answer (Abaye): The verse does not specify a permanent
sale - rental is a temporary sale (so Ona'ah applies to
2. Or - is there no distinction?
(a) Question (Rava): If one planted wheat in the ground, does
1. If we view it as being in a vessel, it is still
Metaltelim, there is Ona'ah;
(b) Question: Does one swear about it?
2. Or - since it will stay in the ground, is it like
3. Question: What is the case?
i. Suggestion: He says that he planted six
measures of wheat, and witnesses say that he
only planted five.
4. Answer: Rather, Reuven was told to plant wheat as
needed, and he planted too little.
ii. Rejection: Rava taught, one who was
shortchanged through an error in measure,
weight or quantity, he is compensated, even if
the error was less than the threshold of
i. If we view it as being in a vessel, it is still
Metaltelim, there is Ona'ah;
ii. Or - since it will stay in the ground, is it
i. If it is considered Metaltelim, he swears; if
it is land, he does not.
(c) Question: (If the wheat was Chadash (i.e. from this
year's harvest)) - is it permitted when the Omer offering
(d) Question: What is the case?'
1. A Mishnah teaches the law if it took root and if
(e) Answer: The case is, he uprooted it and planted it before
the Omer; the Omer passed before it took root;
2. (Mishnah): If it took root before the Omer, the Omer
permits it; if not, it is permitted when the Omer is
brought the next year.
1. The question is, may he remove it and eat it?
i. If we view it as being in a vessel, the Omer
ii. But it is considered as part of the ground, the
Omer does not permit it.
iii. These questions are unsettled.