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 93
BAVA METZIA 91-95 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
1) STIPULATING NOT TO EAT (cont.)
(a) Rejection #1: No, both hold that a worker owns what he
2) DO GUARDS EAT?
1. In the Mishnah, he does not feed them; in the
Beraisa, he feeds them.
(b) Rejection #2: Rather, both the Mishnah and the Beraisa
(hold that a worker owns what he eats and) give the law
when he does not feed them;
2. Question: If in the Beraisa, he feeds them, why
can't he stipulate for his minor children?
3. Answer: The Torah does not authorize a father to
cause pain to his children.
4. We can establish the Beraisa thusly according to the
opinion that a master cannot force his slave to work
for him without feeding him.
5. Objection: According to the opinion that a master
can force his slave to work for him without feeding
him, even if he does not feed him, he owns his
1. The Mishnah holds that a master cannot force his
slave to work for him without feeding him, the
Beraisa holds that he can.
(c) Rejection #3: Rather, both the Mishnah and the Beraisa
hold that the Torah allows workers to eat, one cannot
stipulate that minors may not eat;
2. Objection: R. Yochanan holds that a master can force
his slave to work for him without feeding him - why
does he rule like the Beraisa against the Mishnah?
1. Question: But the Beraisa says that Shimon can
stipulate that his minor child and slaves will not
(d) Conclusion: Rather, as we said above - the Mishnah holds
that the Torah allows workers to eat, the Beraisa holds
that a worker owns what he eats.
2. Answer: It means, he will feed them a lot beforehand
so they (presumably) will not eat while working.
3. Objection: If so, why does the Beraisa say he cannot
do so on behalf of his animals? (A Beraisa permitted
(e) (Mishnah): Shimon may stipulate with his employer to
receive extra wages in place of eating; he may also
stipulate on behalf of his wife and adult children and
slaves, because they have intelligence;
1. He may not stipulate on behalf of his minor children
or slaves or his animals, because they lack
(f) If Reuven hired Shimon to work with fourth year produce,
Shimon may not eat;
1. If Reuven did not tell him that he will work with
fourth-year produce, Reuven must redeem what Shimon
wants to eat.
(g) If Shimon was hired to repress rings of figs that came
apart or reseal barrels that were opened, he does not
1. If Reuven did not tell him that he will work with
such produce, Reuven must tithe them and allow
Shimon to eat.
(h) People that guard produce - the Torah does not entitle
them to eat, but they may eat because that is the custom.
(a) (Gemara - Rav): The Mishnah speaks of guards of gardens
and orchards (attached produce), but guards of
winepresses or stacks of grain eat mid'Oraisa;
3) THE WATCHMEN
1. Rav holds that guarding is like doing an action.
(b) (Shmuel): The Mishnah speaks of guards of winepresses or
stacks of grain - but guards of gardens and orchards do
not eat, not mid'Oraisa nor on account of custom;
1. Shmuel holds that guarding is not like doing an
(c) Question (Rav Acha bar Rav Huna - Beraisa): One who
guards the red heifer (after it was slaughtered), he and
his clothes becomes Tamei.
1. If guarding is not like doing an action, why is he
(d) Answer: That is a decree, lest he move one of its limbs
(which would make him Tamei mid'Oraisa).
(e) Question (Rav Kahana - Beraisa): One who guards patches
of gourds of 4 or 5 people should not eat his fill from
one, rather he eats from each.
1. According to Shmuel, one who guards attached produce
may not eat!
(f) Answer (Rav Simi bar Ashi): The case is, the gourds are
(g) Question: If so, they are Kavu'a for Ma'aser (so a worker
may not eat)!
(h) Answer: The flower did not yet fall off the top (they are
not yet Kavu'a).
(i) Support (for Shmuel - Rav Ashi - Mishnah): The Torah
allows the following to eat: one working with finished
food attached to the ground, or any detached food...
1. This implies that there are workers that do not eat
mid'Oraisa, rather on account of custom;
2. Question (end of the Mishnah): The following may not
i. Question: What does this mean?
3. This refers to people that work with attached
produce before it is finished - all the more so,
ii. Suggestion: If they may not eat mid'Oraisa,
rather on account of custom - the beginning of
the Mishnah taught this!
iii. Answer: Rather, they may not eat mid'Oraisa,
nor on account of custom.
(a) (Mishnah): There are four kinds of watchmen: an unpaid
watchman, a borrower, a paid watchman, and a renter:
4) THE LIABILITY OF WATCHMEN
1. An unpaid watchman swears and is exempt for paying
for any loss (that the Torah mentions by the other
watchmen); a borrower pays for any loss;
(b) (Gemara) Question: Who is the Tana of the Mishnah 'There
are four watchmen'?
2. A paid watchman or renter swears if it was broken,
taken captive or died, and pays if it was stolen or
(c) Answer (Rav Nachman citing Rabah bar Avuha): R. Meir.
(d) Question (Rava): Does anyone argue that there are four
(e) Clarification: (Rav Nachman): R. Meir is the Tana who
says that a renter has the law of a paid watchman.
(f) Question: But R. Meir holds just the contrary!
1. (Beraisa - R. Meir): A renter pays as an unpaid
(g) Answer: Rabah bar Avuha switches the opinions in the
2. R. Yehudah says, he pays as a paid watchman.
(h) Question: Since a renter is like a paid watchman, there
are only three watchmen!
(i) Answer (Rav Nachman bar Yitzchak): There are four
watchmen, they have three different laws of liability.
(a) A shepherd was grazing animals on the bank of the river;
one fell into the water.
(b) Rabah: He is exempt - what could he have done - he
5) WHAT IS ONES
1. Question (Abaye): If so - if he went to the city
when people normally do, is he also exempt?
(c) Question (Abaye - Beraisa): A paid watchman is exempt for
Onesim such as "Va'Tipol Sheva...Hiku Lefi Charev"- where
an army attacked.
2. Answer (Rabah): Yes.
3. Question (Abaye): If he slept a bit when people
normally sleep, is he exempt?
4. Answer (Rabah): Yes.
(d) Answer (Rabah): That refers to guards of the city, they
must watch better.
(e) Question (Abaye - Beraisa): A paid watchman must guard to
the point of "Va'Yom Achalani Chorev v'Kerach ba'Laylah"-
to guard day and night.
(f) Answer (Rabah): That also refers to guards of the city.
1. Question: Yakov (who said Achalani. . . ) was not a
guard of the city!
(g) Question (Abaye - Beraisa): A shepherd was grazing his
flock. He left it and went to the city; a wolf or lion
came and killed some of the flock - we do not say, had he
stayed he (surely) would have saved - rather, we
2. Answer: He told Lavan that he guarded extra well,
like a guard of the city.
1. If he could have saved, he is liable; if not, he is
(h) Answer (Rabah): No, he went to the city when people
normally do not.
2. Suggestion: He went to the city when people normally
(i) Question (Abaye): If so, why is he exempt? The beginning
was negligence, the end was Ones - he is liable!
(j) Answer (Rabah): He went to the city because he heard a
(k) Question (Abaye): If so, what could he have done?
(l) Answer (Rabah): He should have gathered shepherds with
sticks to fend it off.
(m) Question (Abaye): If so, why does the Beraisa speak of a
(shepherd, a) paid watchman - you hold that even an
unpaid watchman that could have gathered shepherds with
sticks to fend it off and did not do so is liable!
(n) Answer (Rabah): If an unpaid watchman cannot gather
shepherds with sticks for free, he is exempt; a paid
watchman must hire people.
1. Question (Abaye): How much should he pay?
(o) (Rav Chisda and Rabah bar Rav Huna): A paid watchman must
watch better than usual - he is paid for this! (They
argue with Rabah).
2. Answer (Rabah): Up to the value of the animals he is
3. Question (Abaye): But a paid watchman is exempt for
Ones, why must he pay to avoid Ones?
4. Answer (Rabah): The owner reimburses him.
5. Question (Rav Papa): What does the owner gain if he
must pay their value?
6. Answer #1 (Abaye): His animals are used to his
7. Answer #2 (Abaye): He saves the owner the toil of
buying new animals.
(p) Bar Ada Savola'ah was taking animals across a bridge; one
pushed another over into the water. Rav Papa ruled that
he must pay.
1. Bar Ada: What should I have done?
(q) Aibo deposited flax by Bei Runya; it was stolen; the
thief was found, he was a known armed robber. Rav Nachman
obligated the watchman.
2. Rav Papa: You should have led them single file.
3. Bar Ada: I did as most people - Rabah says, that is
4. Rav Papa: Many have tried to exempt themselves
according to Rabah - no one succeeded (the Halachah
does not follow Rabah).
(r) Suggestion: Rav Nachman argues with Rav Huna bar Avin.
1. (Rav Huna bar Avin): If it was stolen through Ones
and the thief was later found, an unpaid watchman
may swear, or pay and claim the money from the
thief; a paid watchman may not swear, he must pay
and claim the money from the thief.
(s) Rejection (Rava): Rav Nachman obligated him because there
were (police) officers there - had he screamed, they
would have come.
(a) (Mishnah): One wolf is not Ones, two wolves is Ones;
(b) R. Yehudah says, when wolves are rampant, even one wolf
(c) Two dogs is not Ones; Yadu'a ha'Bavli says, from one
direction it is not Ones, from two directions it is Ones.
(d) A robber is Ones.
(e) A lion, bear, leopard, Bardelas (hyena) or snake is Ones;
1. This is only if it came here - but if a watchman
took the deposit to a place where these animals are
found, it is not Ones.
(f) If it died normally, this is Ones; if he starved it and
it died, it is not Ones.
(g) If it went up a mountain and fell, it is Ones; if he
brought it up a mountain and it fell, it is not Ones.
(h) (Gemara) Contradiction (Beraisa): One wolf is Ones.
(i) Answer (Rav Nachman bar Yitzchak): The Beraisa is R.
Yehudah, it is when wolves are rampant.
(j) (Mishnah): A robber is Ones.
(k) Question: Why is this Ones? The watchman can fend off the
(l) Answer (Rav): It is an armed robber.
(m) Question: Is an armed robber considered Ones if the
watchman is also armed?
1. Do we say, the watchman can fend off the robber?
(n) Answer: Presumably, the latter.
2. Or - do we say, the robber is willing to risk his
life, a watchman need not do so?
(o) Question (Abaye): What if the shepherd taunted the thief,
telling him that a certain place is protected by so many
people, dogs, and slingshots, and the thief stole from
(p) Answer (Rava): That is like taking the flock to a place
where wild animals are found (he is liable for inciting