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 91
BAVA METZIA 91-95 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
1) LASHES FOR MUZZLING
(a) (R. Yochanan): If Reuven muzzled a threshing cow with his
voice (he yelled to stop it from eating) or caused
diverse species to lead a wagon, he is liable;
(b) (Reish Lakish): He is exempt.
1. R. Yochanan holds that (voices made through) moving
his mouth is considered an action; Reish Lakish
says, it is not.
(c) Question (R. Yochanan - Mishnah): ...Not that it is
permitted to make Temurah (to say that a Chulin animal
should be in place of a sacrifice), rather, if one did,
he receives forty lashes.
(d) Answer (Reish Lakish): That is according to R. Yehudah,
who says that one is lashed even for a Lav without an
(e) Question: The Mishnah cannot be R. Yehudah - the
beginning of the Mishnah says, 'Anyone can make Temurah,
both men and women.'
1. Question: What does 'Anyone' come to include?
(f) Answer: The Tana agrees with R. Yehudah regarding lashes,
he argues with him regarding heirs.
2. Answer: An heir.
3. Summation of question: This is unlike R. Yehudah --
he says that an heir cannot make Temurah or do
Semichah (lean on the neck of the sacrifice)!
(g) (Beraisa): If Reuven muzzled Shimon's cow (which he was
renting or borrowing) and threshed with it, he is lashed
and pays four Kavim (the estimated amount it would have
eaten) for muzzling a donkey, he is lashed and pays three
(h) Question: The general rule is, a person does not pay and
receive lashes for one transgression!
(i) Answer #1 (Abaye): The Beraisa is R. Meir, who says that
a person pays and receives lashes.
(j) Answer #2 (Rava): The Torah disqualifies a harlot's hire
from being a sacrifice, even if a man hired his mother.
(Even though he is liable to death for relations with
her, so Beis Din cannot make him pay, if he pays, it is
disqualified - it is considered payment because he truly
owes her; to fulfill his obligation (at the hands of
Heaven) he must pay. Also by muzzling, even though Beis
Din cannot make Reuven pay (since he is lashed), he is
obligated to pay four Kavim. (Some say - if Shimon took
the money, Beis Din does not make him return it.))
(k) Answer #3 (Rav Papa): From the moment he pulled the cow
(to begin his rental or borrowing), he is obligated to
feed it; he is not liable for lashes until he threshes
with it. (Since the obligations come at different times,
he pays and is lashed.)
(a) Rav Papa: Dvei Rav Papa bar Aba asked me if one may knead
a dough with milk; I answered 'No' - this was correct.
1. (Beraisa): We may not knead a dough with milk; if
one did, it is forbidden; lest he eat it with meat;
(b) Rav Papa: Dvei Rav Papa bar Aba asked me if one may put
diverse species in a pen together; I answered 'No' - this
2. We may not smear an oven (for baking bread) with
lard; if one did, the first bread cooked inside is
forbidden (unless the oven was heated up
1. (Shmuel): To kill or lash people for forbidden
relations, the witnesses must see them act as
adulterers; to be liable for crossbreeding animals,
one must bodily mate the male with the female.
(c) Question (Rav Achdevoy bar Ami - Beraisa): Had it only
said "Behemtecha Lo Sarvia", one might have thought that
the Torah forbids holding a (female) animal when in mates
(even with a male of the same species) - the verse adds
"Kilayim" (to teach that the prohibition is only by
3) HOW MUCH MUST AN EMPLOYEE WORK IN ORDER TO EAT?
1. Suggestion: This teaches that one is liable for
Kilayim just for holding the female!
(d) Answer: No - 'holding' (in the Beraisa) is a polite way
of saying 'bodily mating (a male with a female)'.
(e) (Rav Yehudah): Within one species, one may bodily mate a
male with a female; we are not concerned that this will
arouse his lust.
(f) Question: Why not?
(g) Answer: He is occupied with his job.
(h) Question (Rav Achdevoy bar Ami - Beraisa): Had it only
said "Behemtecha Lo Sarbi'a", one might have thought that
the Torah forbids holding a (female) when in mates (even
within one species) - the verse adds "Kilayim".
1. Suggestion: This teaches it is forbidden to hold the
female by Kilayim, but it is permitted within one
(i) Answer: No - 'holding' is a polite way of saying 'bodily
i. Within one species, only holding the female is
(j) Question (dvei Ravna Nechemyah Reish Galusa): May one put
a species in a pen with its own and a different species?
1. Do we assume it will mate with its own species?
(k) Rav Ashi: I told him this is forbidden - this is not the
2. Or - are we concerned it will mate with the other
1. I was stringent (by him), lest his slaves come to
(a) (Mishnah): If a worker was working only with his hands,
or only with his legs, even just with his shoulders, he
4) WHICH TYPES OF FOODS MAY AN EMPLOYEE EAT?
(b) R. Yosi b'Rebbi Yehudah says, he only eats if he works
with his hands and legs.
(c) (Gemara) Question: What is (Chachamim's) reason?
(d) Answer: "Ki Savo b'Cherem Re'echa" - whatever work you do
(e) (Mishnah): R. Yosi b'Rebbi Yehudah says, he only eats if
he works with his hands and legs.
(f) Question: What is R. Yosi's reason?
(g) Answer: He learns from an ox: an ox only eats when it
works with its hands (forelegs) and (hind) legs - also, a
(h) Question (Rabah bar Rav Huna): According to R. Yosi
b'Rebbi Yehudah, if a chicken threshes, may one muzzle
1. Since it works with its full strength, he must let
2. Or - perhaps the only requirement to let an animal
eat is when it works with four limbs?
3. This question is not resolved.
(a) (Rav Nachman): Workers (to stomp grapes) that did not yet
traverse the length and width of the winery, they may eat
grapes but may not drink wine (they are working with
grapes, but they have not yet made wine);
1. After traversing the length and width of the winery,
they may eat grapes and drink wine.
(b) (Mishnah): If Reuven was working with dates, he may not
eat grapes, and vice-versa;
(c) A worker may withhold from eating until he reaches the
place of good produce;
(d) Letter of the law, workers should only eat while working;
to reduce the time they are idle from work, Chachamim
permitted them to eat while walking from row to row or
returning from the winepress;
1. A donkey may eat while they unload it
(e) (Gemara) Question: If Reuven is working on one vine, may
he eat from another vine?
1. If the only requirement is that he eat from the same
species he harvests for the owner - he may eat;
(f) Answer #1 (Mishnah): If Reuven was working with dates, he
may not eat grapes.
2. Or - perhaps he may eat only from what he is
3. Question: If he may eat only from the vine he works
on, how can an ox eat while working with attached
produce? (Rashi - the workers harvest vines by the
wagon it pulls - its head is far ahead, by different
vines! Tosfos - when threshing attached produce, it
cannot eat from the stalk it threshes!)
4. Answer (Rav Shisha brei d'Rav Idi): It may eat from
a very long vine or stalk (that stretches to where
its head is).
1. Inference: This is because grapes do grow on the
same tree and are a different species - but he may
eat dates from a different tree - this settles our
(g) Rejection (Rav Shisha brei d'Rav Idi): No - the date
branches are draped over the vines (or vice-versa), it is
like eating from the same tree (we may only infer that he
may eat dates of the same tree, which is no Chidush).
(h) Answer #2 (Mishnah): A worker may withhold from eating
until he reaches the place of good produce.
1. If Reuven may eat from a different vine than the one
he is working on, he may immediately eat from the
(i) Rejection: No - he must wait until he gets there so he
does not detract time from his work.
(j) Clarification: This is obvious - the question was, if his
wife or children may bring him from other vines (he would
not detract from his work).
(k) Answer #3 (Mishnah): Letter of the law, workers should
only eat while working; to reduce the time they are idle
from work, Chachamim permitted them to eat while walking
from row to row or returning from the winepress.
1. Version #1 - Suggestion: Walking is like working (on
the vine he approaches), and even so, mid'Oraisa he
may not eat (because he is entitled to eat only from
the vine he is working on, and he is not there yet),
he eats only on account of the enactment.
(l) Rejection: Walking is not like working, therefore,
mid'Oraisa he may not eat - but when working, he may eat
even from vines he is not working on.
1. Version #2 - Suggestion: Walking is like not like
working, therefore, mid'Oraisa he may not eat - but
if it was like working, he would be entitled to eat
(even though he is not working on this (or any
other) vine now!
(m) Rejection: Walking is like working; even so, mid'Oraisa
he may not eat because a worker may eat only from the
vine he is working on.
(n) (Mishnah): One must let a donkey eat while they unload it
(o) Question: (They unload it at once) - what does it eat?
(p) Correction: Rather, one must let a donkey eat until they
1. (Beraisa): One must let a donkey or camel eat from
the load it carries.