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 64
BAVA METZIA 61,63,64,65 - Mrs. Estanne Abraham-Fawer has dedicated two weeks
of Dafyomi study material to honor the second Yahrzeit of her father, Reb
Mordechai ben Eliezer Zvi (Weiner, who passed away 18 Teves 5761). May the
merit of supporting and advancing the study of the Talmud be l'Iluy
1) TOO MUCH MONEY
(a) Reuven borrowed money from Shimon; he received more than
he was supposed to. If it is an amount that could be a
mistake - he must return it; if it is more than that,
Shimon intended it to be a gift.
2) BUYING FUTURE GROWTH
(b) Question: What is the case of an amount that could be a
(c) Answer (Rav Acha brei d'Rav Yosef): (People usually count
ten or five at a time) - if the error is a multiple of
ten or five, he may have skipped counting some groups of
ten or five; if not, it is surely an intentional gift.
(d) Question (Rav Acha brei d'Rava): What if Shimon never
(e) Answer (Rav Acha brei d'Rav Yosef): We assume that he
stole from Reuven, and wants to return the money.
1. (Beraisa): One who stole money and returned it by
giving too much money in a subsequent transaction
with the victim, he fulfilled returning it.
(f) Question (Rav Acha brei d'Rava): What if Shimon came from
abroad and had no previous dealings with Reuven?
(g) Answer (Rav Acha brei d'Rav Yosef): We assume that
someone else stole from Reuven, and asked Shimon to
return the money in this way.
(a) Question (Rav Kahana): I heard Rav saying 'Kari, Kari' -
what was he saying?
(b) Answer (Rabanan): Reuven gave a gardener (Shimon) money
for gourds the size of a pinky; Shimon stipulated to give
(later) gourds the size of the middle finger - this is
permitted only if Shimon has gourds now.
(c) Objection: This is obvious!
(d) Answer: One might have thought, since they grow by
themselves, this is permitted even if he has none now -
Rav teaches, this is not so.
(e) This is like the following Tana.
1. (Beraisa): Reuven was going to milk his goats, shear
his sheep or take the honey from his hive. If he
sold to Shimon 'Whatever I will milk, shear or
extract' - this is permitted;
(f) (Rava): A gardener may stipulate to give (later) bigger
gourds even if he has no gourds now, since they grow by
2. If he stipulated how much this will be, it is
i. Even though they will produce more milk, wool
or honey by themselves, it is forbidden, since
it is not there now.
(g) Question: But the Beraisa forbids this!
(h) Answer: There, the milk (or wool or honey) does not grow
out of the milk which is there now (rather, from the
seller's goat, it is like usury);
1. Here, the buyer buys small gourds now, his own
gourds grow bigger (as proven by the fact that when
the gourds are uprooted, nothing grows by itself in
(i) (Abaye): Reuven may pay Shimon for a barrel of wine, on
condition that if it spoils, Shimon suffers the loss; if
the price changes, Reuven gains or loses.
(j) Question (Rav Sharbiya): Reuven is closer to gain that to
lose (this is forbidden on account of usury)!
(k) Answer (Abaye): Since he accepted the loss if the price
declines, he is prone to gain or lose, this is permitted.
3) BENEFIT FROM THE BORROWER
(a) (Mishnah): Reuven lent Shimon money - he may not dwell in
Shimon's yard for free, nor rent from Shimon for less
than the norm, for this is usury.
(b) Version #1 (Gemara - Rav Yosef bar Minyomi): Even though
one who lives in Ploni's yard without Ploni's knowledge
need not pay him, if he lent Ploni money, he must pay
(c) Question: Our Mishnah teaches that!
(d) Answer: One might have thought, the Mishnah only speaks
of a yard normally rented out and a man that normally
rents a place to stay - but if the yard is not normally
rented out and the man does not normally rent a place to
stay, it is permitted - Rav Yosef teaches, this is not
(e) Version #2 (Rav Yosef bar Minyomi): Even though if Reuven
lives in Ploni's yard without Ploni's knowledge, Reuven
need not pay him, if Ploni told him 'Lend me money and
live in my yard', Reuven must pay him.
1. Version #1 forbids living for free even if Ploni did
not suggest the deal - all the more so, if Ploni
(f) People of Rav Yosef bar Chama's household would take
slaves (of people who owed them money) and work with
2. Version #2 forbids living for free only if Ploni
suggested the deal - if not, it is permitted.
3. Question: Why is this?
4. Answer: Since Ploni never suggested it, Reuven did
not lend in order to live in his yard.
1. Rava (his son): Why do you do this?
2. Rav Yosef: As Rav Nachman taught - a slave is not
worth the food he eats (I feed them when I use them
- I benefit the owners)!
3. Rava: Rav Nachman only said that about his own slave
Dari, who dances in bars to get drinks - normal
4. Rav Yosef: I hold as Rav Daniel citing Rav: if
Reuven grabbed Shimon's slave and used the slave, he
i. Inference: Shimon is happy that people use his