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 83
BAVA METZIA 81-85 - Ari Kornfeld has generously sponsored the
Dafyomi publications for these Dafim for the benefit of Klal
1) TRANSPORTING A BARREL (cont.)
(a) (R. Chiya bar Aba): It is a Rabbinical enactment that he
may swear and be exempt - otherwise, no one would agree
to transport a barrel!
2) THE HALACHAH FOLLOWS ISI
(b) Question: What does he swear?
(c) Answer (Rava): He swears that he did not intentionally
1. R. Yehudah says, a Shomer Chinam swears, a Shomer
Sachar must pay.
2. R. Elazar says, he heard that both are exempt, but
he does not understand why:
i. Granted, a Shomer Chinam can swear that he was
not negligent - but a Shomer Sachar pays even
if he was not negligent!
ii. Even a Shomer Chinam is only exempt if he fell
on an incline - on level ground, this is
iii. Even on an incline, if witnesses were there, he
must bring witnesses!
iv. (Beraisa - Isi ben Yehudah): "Ein Ro'eh", - if
people did see, he must bring witnesses to be
(a) Reuven was transporting a barrel of wine in the market of
Mechuza, it broke on a beam jutting out into the public
3) LIABILITY FOR BREAKAGE
1. Rava: Many people are in the market - you must bring
witnesses to be exempt.
(b) Reuven asked Shimon to buy 400 jars of wine. He did so;
they all soured.
2. Rav Yosef (Rava's son): This is according to Isi!
3. Rava: Yes, the Halachah follows Isi.
1. Rava: Such an occurrence would be known - Shimon
must bring proof that he brought proper wine.
2. Rav Yosef: This is according to Isi!
3. Rava: Yes, the Halachah follows Isi.
(a) R. Chiya bar Yosef enacted that people who carry on
shoulder-poles (one burden in front, one burden in back)
must pay half if the load breaks.
***** PEREK HA'SOCHER ES HA'PO'ALIM *****
(b) Question: What is the reason?
(c) Answer: It is more than one person should carry - but it
is not enough that people would hire two workers for it -
it is not quite Ones and not quite negligence.'
(d) One who carries on a cross-poles (it straddles the
shoulders, one burden on the right, one on the left) must
pay fully if the load breaks. (This is a load fit for two
people, it was negligence to carry it himself).
(e) Rabah bar bar Chanah hired workers to transport barrels;
a barrel broke, he took their shirts to pay for it.
1. Rav: Give them back their shirts.
2. Rabah: Is that the Halachah?
3. Rav: Yes - "L'Ma'an Telech b'Derech Tovim" (you must
go beyond the letter of the law).
4. He returned their shirts; they petitioned - we are
poor, we worked all day, we have nothing to eat!
5. Rav: Pay their wages.
6. Rabah: Is that the Halachah?
7. Rav: Yes - "V'Orchos Tzadikim Tishmor".
4) ALL IS ACCORDING TO THE LOCAL CUSTOM
(a) (Mishnah): Reuven hired workers and told them to start
early and finish late - if this is not the local custom,
he cannot force them;
(b) Where the custom is to feed them, he must feed them;
where the custom is to supply relish with the bread, he
must do so - all is according to the local custom.
(c) (Mishnah): There was a case in which R. Yochanan ben
Masya told his son to hire workers; his son promised to
1. R. Yochanan: They descend from Avraham, Yitzchak and
Yakov - even if you give them a banquet as King
Shlomo, this does not suffice! Before they start
working, tell them that you only promise them bread
(d) R. Shimon ben Gamliel says, there was no need for this -
all is according to the local custom.
(e) (Gemara) Question: The first law is obvious!
(f) Answer: The case is, he pays them more than the usual
1. One might have thought, this is in order that they
will start early and finish late - the Mishnah
teaches, this is not so, they can say, it is so we
will work well.
(g) (Reish Lakish): (The standard workday is from sunrise
until dark (when stars are visible).) A worker goes home
on his own time (he leaves at dark), he comes to work on
his employer's time (he leaves his house at sunrise) -
"Tizrach ha'Shemesh...Yetzei Adam Lefa'alo v'la'Avodaso
5) ELIMINATING THE WICKED
(h) Question: We should follow the local custom!
(i) Answer #1: Reish Lakish's law is for a new city.
1. Question: We should follow the custom of the place
the residents came from!
(j) Answer #2: The case is, he said, 'I hire you according to
2. Answer: They come from different places with
(a) (Rav Yosef): "Tashes Choshech Viyehi Laylah" - this is
discussing this world, which resembles night; "Kol Chayso
Ya'ar" - these are the wicked, who are like beasts of the
forest; "Tizrach ha'Shemesh" - for the Tzadikim;
"Ye'asefun" - the wicked will be gathered to Gehinom;
"v'El Me'onosam Yirbatzun" - every Tzadik will have a
place according to his honor;
1. "Yetzei Adam Lefa'alo" - the Tzadikim go to receive
their reward; "v'la'Avodaso Adei Arev" - this is
discussing one who finished his work before he died.
(b) R. Elazar b'Rebbi Shimon found a king's official that
would seize thieves.
1. R. Elazar: How do you catch them? The verse compares
them to beasts! Perhaps you get Tzadikim instead!
(c) The king heard about this; he appointed R. Elazar to
2. The official: I must do what the king decrees!
3. R. Elazar: Do thusly: at the fourth hour of the day,
see who is drinking wine in the store and dozing;
ask about him.
i. If he is a Chacham - he is tired because he
rose early to learn;
ii. If he is a worker - he rose early to work;
iii. If he works at night - he is tired from working
iv. If none of these - he is a thief, seize him!
(d) R. Yehoshua ben Korchah (to R. Elazar): Vinegar, son of
wine! Your father was a Tzadik, you are not! How can you
deliver Hash-m's people to be killed?!
(e) R. Elazar: I am only eliminating the thorns from the
(f) R. Yehoshua: Let Hash-m remove them Himself!
(g) One day a launderer called R. Elazar as 'Vinegar, son of
wine'. R. Elazar reasoned - anyone so brazen must be evil
- he had him seized.
(h) Later, R. Elazar decided that the launderer was not
worthy to die, he went to redeem him - he was unable to.
He applied to him "Shomer Piv u'Lshono Shomer mi'Tzaros
Nafsho". The launderer was hung; R. Elazar cried.
1. Onlookers: Don't feel bad - he and his son had
relations with a Mekudeshes Na'arah on Yom Kipur!
(i) A similar case occurred with R. Yishmael b'Rebbi Yosi.
2. R. Elazar was comforted - 'Even people I am unsure
about deserve to die - all the more so, people I am
sure about!' My innards will not be consumed by
worms after death.
3. He tested this - they removed fat from his stomach
and put it in the hot sun; it did not rot.
4. Question: Fat normally does not rot in the sun!
5. Answer: If there is redness (of flesh) with it, it
does - R. Elazar's did not rot, even though there
was flesh with it - "Af Besari Yishkon la'Vetach".
1. Eliyahu: How can you deliver Hash-m's people to be
2. R. Yishmael: The king commanded - what can I do?
3. Eliyahu: Your father fled to Asya - you can flee to