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 78
BAVA METZIA 76-79 - Ari Kornfeld has generously sponsored the
Dafyomi publications for these Dafim for the benefit of Klal
1) A SELLER ANXIOUS FOR THE MONEY (cont.)
(a) The following is obvious: if Reuven was trying to sell
land for 100, and only was able to sell a larger land for
200, and he is anxious for the money, the buyer does not
2) LIABILITY OF ONE WHO RETRACTS
(b) Question: Reuven was trying to sell land for 100 - had he
tried harder, he could have sold it; instead, he sold a
land for 200, and he is anxious for the money - what is
1. Is this like one who sells land on account of its
2. This question is not resolved.
(a) (Mishnah): Reuven hired a donkey-driver or wagon-driver
(who then retracted) ...he hires others for more or
3) FULFILLING THE OWNER'S WILL
(b) Question: How much more may he pay others at the expense
of the retractors?
(c) Answer (Rav Nachman): Up to the wages (of what they
(d) Question (Rava - Beraisa): Until 40 or 50 Zuz.
(e) Answer (Rav Nachman): That is when the workers left their
work vessels by the employer.
(a) (Mishnah): Reuven rented Shimon's donkey to use it on the
mountain; he used it in the valley (or vice-versa) for
the same distance and it died - he is liable;
(b) If he rented it to use it on the mountain and he used it
in the valley and it slipped, he is exempt; if it became
overheated, he is liable;
(c) If he rented it to use it in the valley and he used it on
the mountain and it slipped, he is liable; if it became
overheated, he is exempt;
1. If it became overheated on account of the ascent, he
(d) If he rented a donkey and it Hivrikah (this will be
explained) or was taken for the king's service, Shimon
tells him, here is your animal (I need not supply you
1. If it died or became broken (broke a limb), Shimon
must give him another donkey to use.
(e) (Gemara) Question: Why do we distinguish between slipping
and overheating in the latter clauses of the Mishnah, but
not in the first?
(f) Answer #1 (d'vei R. Yanai): In the first clause it died
because it was unaccustomed to the air (whether he
switched to the mountain or valley he is liable).
(g) Answer #2 (R. Yosi bar Chanina): In the first clause it
died from exhaustion (Shimon can say, this would not have
happened had you taken it in the proper place).
(h) Answer #3 (Rabah): In the first clause it was bitten by a
(i) Answer #4 (R. Chiya bar Aba): The Mishnah is R. Meir, who
says that anyone who transgresses the owner's wishes is a
(j) Question: Where did R. Meir say this?
4) WHEN MUST HE SUPPLY ANOTHER DONKEY?
(k) Answer #1 (Mishnah - R. Meir): If he was told to dye it
red, and he died it black, or vice-versa - R. Meir says,
Shimon pays the value of the wool he received;
1. R. Yehudah says, Reuven pays the increased value or
Shimon's expenses, whichever is smaller.
(l) Rejection: Perhaps R. Meir's reason is that the dyer
acquires it through changing it!
(m) Answer #2 (Beraisa - R. Meir): (Chachamim say,) money
collected (to give to the poor for the festive meal on
Purim) must be given to the poor for Purim;
1. Money collected for the poor of a city (Tosfos - for
Purim) must be given to the poor of that city (some
texts delete this clause);
(n) Rejection: There, the people only gave the money for the
Purim meal - it belongs to the giver until it is used for
2. We are not concerned (Rashi - that this is too much
for Purim, that some should be given for regular
Tzedakah; Ritva - to check that the recipient is
3. We may slaughter calves for the poor to eat on
Purim; the extra meat (is sold, the money) goes to
i. R. Eliezer says, the poor people must use Purim
money for the Purim meal - they may not use it
to buy a shoe strap without stipulating in
front of the people of the city.
4. R. Shimon ben Gamliel is lenient (the money may be
used for other things).
(o) Answer #3 (Beraisa - R. Meir): A poor person received
money to buy a cloak - he may not use it for a different
garment, for this deviates from the giver's intent.
(p) Question: Perhaps we are concerned that the benefactor
announced publicly that he will buy a cloak for the poor
man, and they will suspect that he did not keep his
(q) Rejection: If so, why does the Beraisa say 'for this
deviates from the giver's intent'? It should say, because
1. Rather, the reason is because one who deviates from
the giver's intent is a robber.
(a) (Mishnah): If he rented a donkey and it Hivrikah...
(b) Question: What does Hivrikah mean?
(c) Answer #1 (Chachamim of Bavel): A speck in the eye.
(d) Answer #2 (Rava): Worms(Avzakah) corroded its legs.
1. Some say, a man was once killed for saying that he
saw moths(Avzakah) in the king's linen garments -
moths eat woolen clothing, not linen.
(e) (Mishnah): If it was taken for the king's service, Shimon
tells him, here is your animal.
2. And some say that he actually said that it was in
the woolen clothing, and he was spared.
(f) (Rav): This is only when the king returns the animals
after using them - if not, Shimon must supply him with
(g) (Shmuel): Whether or not the king returns them, if it was
taken in the same direction Reuven was going, Shimon can
say, ' here is your animal '; if it was not taken the
way Reuven was going, Shimon must supply another.
(h) Question (Beraisa): If he rented a donkey and it Hivrikah
or went crazy, Shimon can say 'the animal is in front of
you'; if it died or was taken for the king's service,
Shimon must supply another.
1. Suggestion: The Beraisa is when it was not taken in
the direction Reuven was going.
(i) Answer #1: Shmuel holds like R. Shimon ben Elazar.
2. Rejection (end of the Beraisa): R. Shimon ben Elazar
says, if it was taken in the same direction Reuven
was going, Shimon can say, 'the animal is in front
of you'; if not, Shimon must supply another.
3. Inference: The first Tana does not distinguish which
in direction it was taken!
(j) Answer #2: The entire Beraisa is R. Shimon ben Elazar;
the Beraisa is abbreviated, it should say thusly:
1. If Reuven rented a donkey and it Hivrikah or went
crazy, Shimon can say ' here is your animal ; if it
died or was taken for the king's service, Shimon
must supply another;
2. This is when it was not taken in the same direction
Reuven was going - if it was taken in the same
direction, Shimon can say, here is your animal.
3. This is R. Shimon ben Elazar's opinion, who says
that Shimon must supply another if it was taken in a