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 113
BAVA METZIA 112-115 - these Dafim have been dedicated anonymously l'Iluy
Nishmas Tzirel Nechamah bas Tuvya Yehudah.
1) AFTER THE WAGES ARE DUE
(a) Question: Do we suspect that a worker (who claims payment
after the due time) is trying to steal?
2) TAKING A SECURITY
(b) Answer: Two Chazakos support the employer, only one
supports the worker.
1. We have a Chazakah that an employer will not
transgress "Lo Salin", and that a worker does not
delay claiming his wages;
(c) (Mishnah): If witnesses saw the worker demand his wages,
he swears and collects after the time.
2. The only Chazakah supporting the worker is that we
do not suspect him of stealing.
(d) Question: Why do witnesses change things - we see the
worker demanding his wages!
(e) Answer (Rav Asi): Witnesses saw the worker demand his
wages before the due time.
(f) Question: Perhaps the employer paid him afterwards!
(g) Answer (Abaye): Witnesses saw the worker claiming the
entire time until the deadline.
(h) Question: After this, the employer is never believed?!
(i) Answer (Rav Chama bar Ukva): The worker is only believed
to swear (and collect) the next day.
(a) (Mishnah): If Reuven lent Shimon, he may only Memashken
him (take a security from Shimon's house) through Beis
1. He may not enter Shimon's house to take it -
(b) If Shimon has two vessels, Reuven only takes one.
(c) Reuven returns a pillow (when Shimon needs it) at night,
and a plow by day.
(d) If Shimon dies, he need not return it to the heirs (he
may sell it to collect the debt);
(e) R. Shimon ben Gamliel says, (even when Shimon is alive)
Reuven never need return the security after 30 days -
after that, he sells it in Beis Din.
(f) (Gemara - Shmuel): The messenger of Beis Din may
Menate'ach (take a security from Shimon in the market),
but he may not Memashken him.
(g) Question (Mishnah): If Reuven lent Shimon, he may only
Memashken him through Beis Din.
1. We see, he may Memashken him through Beis Din!
(h) Answer (Shmuel): The Mishnah means, he may only
(i) Support (Mishnah): He may not enter Shimon's house to
take it - "Ba'Chutz Ta'amod".
1. Question: Who is forbidden to enter?
(j) Rejection: No - the Mishnah teaches that Reuven may not
Memashken him, but Beis Din may;
i. It cannot mean Reuven - the first clause
2. Answer: Rather, the messenger of Beis Din is
1. Reuven may not even Menate'ach him (Bach - this is a
decree), so he will not come to enter his house.
(k) Question (Rav Yosef): "Lo Yachavol Rechayim va'Rachev" -
but one may Memashken other things!
1. "Lo Sachavol Beged Almanah" - one may Memashken
garments of other people!
(l) Answer (Rav Papa brei d'Rav Nachman): Really, the verses
speak of the lender, he transgresses an extra Lav if he
takes a millstone or a widow's garment.
2. Question: Who may Memashken other things or people?
i. It cannot be the lender - "Lo Savo El Beiso
3. Answer: Rather, a messenger of Beis Din.
(m) (Beraisa) Question: "Ba'Chutz Ta'amod" - we already know
that the borrower will take out the security!
1. The Torah says "veha'Ish" to include a messenger of
2. Suggestion: A messenger of Beis Din is like the
borrower (he may enter the borrower's house).
(n) Answer: No, he is like the lender (he may not enter the
3) LEAVING VESSELS FOR THE BORROWER
(o) Question (Beraisa): "Im Chavol Tachbol Salmas Re'echa" -
the verse speaks of a messenger of Beis Din.
1. Question: Perhaps it speaks of the lender!
(p) Answer: Tana'im argue whether or not a messenger of Beis
Din may Memashken, Shmuel holds like the following Tana.
2. Rejection: "Lo Savo El Beiso La'avot Avoto" - the
lender is already forbidden - rather, it speaks of a
messenger of Beis Din.
1. (Beraisa #1): If a messenger of Beis Din comes to
Memashken, he may not enter the house - "Ba'Chutz
Ta'amod veha'Ish (the borrower)" will take out the
(a) (Beraisa #2): If a lender comes to Memashken, he may not
enter the house - "Ba'Chutz Ta'amod";
4) BENEI YISRAEL ARE SONS OF KINGS
1. A messenger of Beis Din may enter the house to
(b) He may not Memashken things used to make food;
(c) He leaves a rich borrower with two beds and a felt
blanket; he leaves a poor borrower with two beds and a
mattress of reeds.
(d) He leaves what the borrower needs himself, not for the
borrower's wife and children.
(e) Just as we Mesader for a borrower, also for someone that
owes money of Erchin.
(f) Question: Just the contrary - the Torah teaches Sidur for
someone that owes Erchin!
(g) Correction: Rather, just as we Mesader for someone that
owes Erchin, also for a borrower.
(h) (Beraisa): He leaves a rich borrower with two beds and a
felt blanket; he leaves a poor borrower with two beds and
a mattress of reeds.
(i) Question: For whom does he leave the second bed?
1. It cannot be for his wife or children - the Beraisa
continues, he leaves for the borrower himself, not
for his wife and children!
(j) Answer: Both are for the borrower, one is to eat on, one
is to sleep on.
1. (Shmuel): I know how to cure anything, with three
exceptions: one who eats a bitter date on an empty
stomach, one who girds a belt of wet flax, and one
who does not walk four Amos after eating before he
sleeps. (Therefore, it is advisable to have a second
bed for sleeping at least four Amos from where he
(k) (A reciter of Beraisos): Just as we Mesader for someone
that owes Erchin, also for a borrower.
(l) Objection (Rav Nachman): We even sell the borrower's
property, all the more so we do not Mesader for him!
1. Question: Do we really sell his property?!
i. (Mishnah): Reuven returns a pillow at night,
and a plow by day.
2. Answer: The Beraisa was said according to R. Shimon
ben Gamliel, who says that we sell a security after
i. (Mishnah): R. Shimon ben Gamliel says, Reuven
need not return the security after 30 days -
after 30 days, he sells it in Beis Din.
3. Question: How do we know that R. Shimon ben Gamliel
says that the security is sold entirely to pay the
i. Perhaps for 30 days, the security is returned
intact; after this, an expensive security is
sold, and the lender buys a (cheaper)
replacement fitting for the borrower!
4. Answer: R. Shimon ben Gamliel holds that even an
expensive security is fitting for any Yisrael.
(a) (Abaye): R. Shimon ben Gamliel, R. Shimon, R. Yishmael
and R. Akiva all hold that Benei Yisrael are sons of
1. R. Shimon ben Gamliel - (Mishnah): We may not move
Luf (a type of legume) nor mustard on Shabbos, since
they cannot be used until cooked or ground;
(b) Question: Earlier, we suggested that an expensive
security is sold, and the lender buys a (cheaper)
replacement fitting for the borrower;
2. R. Shimon ben Gamliel permits Luf, since it is food
for ravens (it is fitting for sons of kings to raise
3. R. Shimon - (Mishnah): Sons of kings may rub scented
oil on their wounds on Shabbos, for they anoint
themselves with scented oil even when they have no
4. R. Shimon says, all Benei Yisrael are sons of kings
(and are permitted).
5. R. Yishmael and R. Akiva - (Beraisa): Shimon owed
1000 Zuz, he was wearing a garment worth 10,000 - we
make him sell it and buy something fitting for
6. (Beraisa - R. Yishmael and R. Akiva): Any Yisrael is
fitting for such a garment (he need not sell it).
1. There are blankets and pillows of varying qualities
- but a plow is a plow!
(c) Answer (Rava bar Rabah): The security was a silver plow.
(d) Question (Rav Chaga): Why can't the lender say 'I am not
responsible for your livelihood'?
(e) Answer (Abaye): Indeed, the Torah makes him responsible -
"U'Lcha Tihyeh Tzedakah"!