REVIEW QUESTIONS ON GEMARA AND RASHI
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Bava Metzia 49
BAVA METZIA 49 - dedicated to the memory of Chana Elka Krieger, Z"L
(Yahrzeit: 27 Teves) "Eshes Chaver" to Hagaon Rav Yisrael Avraham Abba
Krieger (Rabbi in Russia and in Boston, Talmid of Hagaon Rav Yehoshua Leib
Diskin and author of Yad Yisrael on the Rambam and other Sefarim). Dedicated
by their son, Benayahu Krieger (presently of Yerushalayim).
(a) What did Rav instruct Rav Kahana, who wanted to retract from the sale of
flax for which he had already received a down-payment, because the price of
flax had gone up?
(b) We already know that, according to Rav, there is no 'Mi she'Para' on the
half that has not been paid for.
What reason does he add here in
permitting Rav Kahanan to retract Lechatchilah?
(c) What does Rebbi Yochanan say?
(a) We ask on Rav from Rebbi Yossi b'Rebbi Yehudah.
What does the latter
Darshen in a Beraisa from the Pasuk in Ki Seitzei "Eifas Tzedek ve'Hin
Tzedek"? Why does the Torah need to add "Hin Tzedek" after "Eifas Tzedek"?
(b) How many Hin are there in an Eifah?
(c) How does Abaye reconcile Rav (who holds that words alone do not
constitute a breach of contract) with ...
- ... this Beraisa?
- ... Rebbi Shimon, who specifically states that even where 'Mi she'Para' does not apply, the Chachamim are displeased with someone who retracts?
(a) Thinking that here we have a Tana who supports Rav, we cite the Mishnah
in 'ha'Socher es ha'Po'alim'.
On what grounds did Rebbi Masya object when
his son Rebbi Yochanan hired workers and promised to feed them? What did he
therefore instruct him to do?
(b) How does this seem to corroborate Rav's opinion?
(c) Why is there in fact, no proof from here?
(d) If the workers did not rely on Rebbi Yochanan anyway, why could he not
retract even after they had begun to work?
(a) What did Rabah bar bar Chanah mean when he said that if Reuven promises
to give Shimon a gift, he can retract?
(b) How does Rav Papa reconcile this with Rebbi Yochanan, who said earlier
that words alone are considered a breach of contract?
(c) And he proves this from another statement of Rebbi Yochanan.
Rebbi Avahu Amar Rebbi Yochanan say about a case where a Yisrael promises to
give a ben Levi a Kur of Ma'aser?
(d) How do we know that this is speaking about a small gift and not a large
(a) How do we attempt to establish this latter statement , in order to
reject the above proof?
(b) How do we refute this suggestion from the second part of Rebbi
Yochanan's statement, which states that (in spite of the first part of his
statement) should the Yisrael subsequently give the Ma'aser to another Levi,
the first Levi has nothing more than complaints on the Yisrael (but no
(a) What did Shimon reply when Reuven asked him for the sesame-seeds for
which he had already paid, and which had gone up in price?
(b) What happened to the money after Reuven refused to take it back?
(c) What did Rava rule in the matter? Was Shimon liable for ...
(d) The Rabbanan asked him about a 'Mi she'Para.
- ... Geneivah va'Aveidah?
- ... Peshi'ah?
What did he answer?
(a) Rav Papi quoted Ravina regarding the above episode.
Answers to questions
What did Ravina
tell him with regar a certain Chacham whose name was either Rav Tavos or Rav
(b) According to the Chacham's version, what did he reply ...
(c) What did Rava rule when the money was stolen?
- ... when a man came to purchase some sesame seeds from him one Erev Shabbos afternoon?
- ... when he asked whether he could leave his money with him? Why did he ask him that?
(d) What did that Chacham reply when Ravina queried his version of the story
on the basis of the Rabbanan's She'eilah whether he was not obligated to
accept a 'Mi she'Para' (which made no sense according to that version)?
(a) We learned in our Mishnah that according to Rebbi Shimon, whoever has
the money has the upperhand and is permitted to retract.
What does the
Tana of the Beraisa mean when, explaining Rebbi Shimon's statement, he says
that if the seller has the money, and the buyer, the fruit, the buyer cannot
retract because *he has the money*?
(b) What is the problem with this?
(c) Rava answers by establishing the Mishnah when the attic that contains
the wheat belongs to the purchaser but has been rented to the seller.
does this answer the Kashya?
(d) Why can Rava not mean that the purchaser's Chatzer acquired the wheat on
(a) Why did that man wish to retract from the purchase of the donkey for
which he had already paid?
(b) Why might we have thought that he would be forbidden to do so?
(c) What did Rav Chisda rule?
(a) Our Mishnah now opens the Sugya of Ona'ah.
How many Ma'ah are there in
(b) How many Ma'ah will then constitute Ona'ah in a sale of an article worth
(c) Until when is the buyer permitted to retract? Why does the Tana use the
(d) What did Rebbi Tarfon rule that made the merchants of Lud ...
- ... happy and decide to follow his ruling? Why was that?
- ... reconsider their initial elation and revert to the ruling of the Chachamim?
(a) Ona'ah applies when the excess charge is exactly one sixth.
be the Din in a case where the seller charges ...
(b) Rav explains 'Sh'tus Mekach' in our Mishnah literally (a sixth of the
- ... Ona'ah?
- ... more than a sixth in excess of the fixed price?
- ... less than a sixth more?
What does Shmuel say?
(c) According to Rav, how will we classify the sale of an article worth ...
- ... six Dinrim for seven (by the seller) or for five (by the purchaser)?
- ... five Dinrim for six (by the seller)?
- ... seven Dinrim for six (by the purchaser)?
(a) In which cases will Shmuel argue with Rav?
(b) How will Shmuel then define Bitul Mekach and Mechilah?
(c) How do we initially interpret our Mishnah 'ha'Ona'ah Arba'ah Kesef
me'Esrim ve'Arba'ah Kesef le'Sela'?
(d) What does this prove?
(a) How do we initially interpret 'ha'Ona'ah Arba'ah Kesef me'Esrim
ve'Arba'ah Kesef le'Sela' according to Rav? Who will then have been cheated?
(b) We learned in the Seifa of our Mishnah that the time-limit for the
purchaser to retract is the time it takes for him to show the purchased
article to a merchant or to a family member.
What is the time limit for
(c) What Kashya does this pose on Rav?
(d) So how does Rav finally interpret ...
- ... 'ha'Ona'ah Arba'ah Kesef me'Esrim ve'Arba'ah Kesef le'Sela'?
- ... the Seifa 'Horeh Rebbi Tarfon be'Lud, ha'Ona'ah Shemoneh Kesef me'Esrim ve'Arba'ah Kesef le'Sela'?
(a) What does the Tana in a Beraisa say about someone who sold an article
Answers to questions
(b) What does this Beraisa prove?
- ... five Dinrim for six?
- ... six Dinrim for five?