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 58
1) SWEARING ABOUT SHEKALIM
(a) (Mishnah): A free watchman does not swear...
2) WATCHMEN OF HEKDESH
(b) Contradiction (Mishnah): People of a city made messengers
to take their (half-)Shekalim to the Mikdash, they were
stolen or lost:
1. If they were stolen or lost (Tosfos; Rashi - if they
were taken to Beis Din) after the Terumah was taken
(i.e. some of the Shekalim in the chamber in the
Mikdash were taken to buy the communal sacrifices
from Nisan until Shavu'os), the messengers swear to
the Gizbarim (we will explain, the Terumah 'covers'
Shekalim en route to the Mikdash, therefore, the
people of the city need not send more); (this
contradicts our Mishnah, which exempts a free
watchman from swearing)
(c) Answer #1 (Shmuel): The case is, the messengers were
paid; they must swear in order to receive their wages.
2. If the Terumah was taken before the loss (Rashi -
trial), the messengers swear to the people of the
city (who must send more Shekalim).
i. If the coins were found or returned by the
thieves, both those Shekalim and the
replacements have the Kedushah of Shekalim
(they can be used for communal sacrifices); the
people of the city are not exempt from giving
Shekalim the next year.
1. Question: If so, (in both cases) they should swear
to the people of the city (who hired them)!
(d) Answer #2 (R. Yochanan): The Mishnah is R. Shimon, who
says that Ona'ah applies to Kodshim that have Acharayos -
likewise, a free watchman swears about them.
2. Answer (Rabah): They swear to the people of the city
when the Gizbarim are present, to avoid suspicion,
or so people will not think they were negligent.
3. Question: A paid watchman is liable for theft or
i. Granted, regarding Hekdesh they are exempt -
but they should not be paid!
4. Answer (Rabah): It was Ones - they were stolen by
armed robbers, or lost on a boat that sank.
(e) We understand this if they were lost before Terumah was
taken, for then there is Acharayos (if they are lost,
replacements must be given);
(f) Objection: If they were lost after Terumah was taken,
there is no Acharayos - why do the messengers swear?
1. (Beraisa): Those who take the Terumah intend that
these are Terumah (also) from: Shekalim that were
sent and (unknowingly) lost, Shekalim that are en
route to the Mikdash; Shekalim that will later be
given. (Anyone who gave such a (half-)Shekel has a
share in the sacrifices.)
(g) Answer #3 (R. Elazar): The oath is mid'Rabanan, in order
that people will not treat Hekdesh lightly.
(a) (Mishnah): A paid watchman need not pay.
(b) Contradiction (Rav Yosef bar Chama - Beraisa): Reuven was
hired to guard a red heifer (of Hekdesh), a child or
crops - he is not paid for Shabbos, therefore, he is not
responsible for what happens on Shabbos;
1. If he was hired by the week, month, year or Shemitah
cycle, he is paid for (the whole period, including)
Shabbos, therefore, he is responsible for Shabbos.
(c) Answer (Rabah): No, it means that if a loss occurs on
Shabbos, he is not paid for Shabbos.
2. Suggestion: This means, he must compensate for a
loss on Shabbos.
(d) Question (Rav Yosef): But the first clause taught, he is
not responsible for Shabbos - this cannot mean to lose
his wages, for he is not paid for Shabbos!
(e) Rabah: I cannot answer - did you hear an answer?
(f) Answer (Rav Yosef citing Rav Sheshes; also, R. Yochanan):
The case is, he made an acquisition obligating himself to
pay if there will be a loss.
(g) (Mishnah): R. Shimon says, Ona'ah applies to Kodshim that
have Acharayos, not to Kodshim without Acharayos.
(h) (A Tana): (If one swore falsely about) Kodshim that have
Acharayos, he is liable, for this is considered "Ba'Shem
(i) Regarding Kodshim without Acharayos, he is exempt, for
this is considered "V'Chichesh b'Amiso".
(j) Question (R. Yitzchak bar Aba): Just the contrary! (One
is less liable for Hekdesh than for property of people.)
(k) The Tana: I will no longer recite the Beraisa (there is a
mistake in the text).
3) AFFLICTION THROUGH WORDS
(l) R. Yitzchak: It is not mistaken - it means thusly:
Kodshim that have Acharayos, he is liable, for this is
included from "Ba'Shem v'Chichesh";
1. Kodshim without Acharayos, he is exempt, this is
excluded from "V'Chichesh b'Amiso".
(m) (Mishnah - R. Yehudah): Ona'ah does not apply to a Sefer
Torah, animal or pearl.
(n) (Beraisa - R. Yehudah): Ona'ah does not apply to a Sefer
Torah, because it is priceless; it does not apply to an
animal or pearl, because people want (and willingly pay
extra for) a good match of animals or pearls;
(o) Chachamim: But by everything, people want a good match!
(p) R. Yehudah: These are more important to people than
(q) Question: Up to how much is there no Ona'ah?
(r) Answer (Ameimar): Until double their value.
(s) (Beraisa - R. Yehudah ben Beseira): Even one who sells a
horse, sword or shield in wartime, Ona'ah does not apply,
for one's life depends on them.
(a) (Mishnah): Just as deceit in a sale is forbidden, also
deceit through words:
1. One may not ask the price of an item if he does not
intend to buy it;
(b) (Gemara - Beraisa): "Lo Sonu Ish Es Amiso" - this forbids
deceit through words.
2. One may not say to a sinner that repented, 'Remember
your prior deeds!';
3. One may not say to a convert's son, 'Remember your
ancestors' deeds' - "V'Ger Lo Soneh v'Lo
1. Question: Perhaps it forbids deceit in a sale!
(c) One may not say to a sinner that repented, 'Remember your
2. Answer: "V'Chi Timkeru Memkar..." teaches deceit in
1. One may not say to a convert's son, 'Remember your
(d) (R. Yochanan): Deceit through words is worse than deceit
in a sale - it says "V'Yareisa me'Elokecha" by the
former, not by the latter.
2. One may not say to a convert that wants to learn,
'Your mouth ate forbidden foods - will it learn
Torah, which was given from Hash-m?!'
3. One may not speak to a person suffering afflictions
(or sickness or whose children died) the way Iyov's
friends spoke to him - "Mi Hu Naki Ovad".
4. If donkey-drivers ask one for grain, he may not
direct them to someone he knows does not sell;
5. R. Yehudah says, one may not ask about buying
something if he lacks money to buy it;
i. A person himself knows whether he intends to
pain another -regarding all such matters, it
says "V'Yareisa me'Elokecha".
(e) (R. Elazar): Deceit through words is worse, for it
afflicts the person himself, not just his property.
(f) (Rav Shmuel bar Nachmani):Deceit through words is worse,
for it cannot be returned (undone).
(g) (A Tana): Anyone who whitens a person's face (makes him
blush), this is like bloodshed.
(h) Support (Rav Nachman bar Yitzchak): Yes - afterwards, the
redness fades and the face turns white again.
(i) Question (Abaye): What are people careful about in Eretz
(j) Answer (Rav Dimi): Not to make people blush.
1. (R. Chanina): Everyone goes to Gehinom, except for
2. (Interruption) Objection: This cannot be!
3. Correction: Rather, everyone that goes to Gehinom
leaves, except for three - one who has relations
with another man's wife, one who makes someone
blush, and one who coins a derogatory nickname for
4. Question: Giving a bad nickname is included in
making him blush!
5. Answer: If the person is already used to the name,
he does not blush (even so, the one who gave the
name does not leave Gehinom).