REVIEW QUESTIONS ON GEMARA AND RASHI
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Bava Metzia 94
BAVA METZIA 91-95 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
(a) What does the Tana of our Mishnah say about ...
(b) What is an example of this ruling?
- ... a Shomer Chinam stipulating that he will be Patur from a Shevu'ah, and a Sho'el that he will exempt from paying?
- ... a stipulation that contravenes what the Torah says?
- ... a condition that is preceded by the act that the condition comes to qualify?
(c) What can we infer from the Mishnah's statement 've'Chol she'Efshar Lo
Le'kaymo be'Sofo, ve'Hisneh Imo bi'Techilaso, Tena'o Kayam'?
(d) What is the reason for all these stringencies?
(a) What problem do we have with our Mishnah, which permits a Shomer Chinam
to stipulate that he will be Patur from a Shevu'ah and a Sho'el from paying?
(b) We answer by establishing the author as Rebbi Yehudah.
What does Rebbi
Yehudah say in the Beraisa 'ha'Omer le'Ishah Harei At Mekudeshes Li al-M'nas
she'Ein Lach Alai She'er, K'sus ve'Onah ... ?
(c) What is the basis for Rebbi Yehudah's distinction between Isur and
(d) How do we then reconcile Rebbi Yehudah with the Seifa 'Kol ha'Masneh al
Mah she'Kasuv ba'Torah, Tena'o Bateil'?
(a) We have a problem with establishing our Mishnah like Rebbi Yehudah from
the continuation of the Mishnah.
We learned in a Beraisa that a Shomer Sachar can accept the responsibility
of a Sho'el. According to Shmuel, this requires a Kinyan.
Which Tana holds 'Kol T'nai she'Yesh Bo
Ma'aseh bi'Techilaso, Tena'o Bateil'?
(b) So we establish our Mishnah like Rebbi Meir.
What does Rebbi Meir say
in the Beraisa 'ha'Omer le'Ishah Harei At Mekudeshes Li al-M'nas she'Ein
Lach Alai She'er, K'sus ve'Onah ... '?
(c) How do we then reconcile Rebbi Meir's opinion by Kidushin with his
opinion by Shomer?
What does Rebbi
(a) We learned in our Mishnah that a condition that cannot be fulfilled is
void. This is the opinion of Rebbi Yehudah ben Teimah, in a Beraisa quoted
by Rav Tivla Amar Rav in a case where a man gives his wife a Get on
condition that he ascends to the Heaven, goes down to the depths or swallows
a cane a hundred Amos long.
***** Hadran Alach ha'Socher es ha'Po'alim *****
What do the Chachamim say there?
(b) Which fourth case does the Beraisa cite?
(c) Rav Nachman Amar Rav rules like Rebbi Yehudah ben Teimah.
*he* say there?
(d) What does Rav Nachman bar Yitzchak infer from our Mishnah 'Kol
she'Efshar Lo Lekaymo be'Sofo ... Tena'o Kayam'? What does he prove with
***** ha'Sho'el es ha'Parah *****
(a) What does the Tana of our Mishnah say if someone borrows a cow together
with the owner?
Answers to questions
(b) Will it make any difference if he ...
(c) If however, he borrows the cow first, and then borrows or hires the
owner, he will be Chayav.
- ... (does not borrow, but) hires the owner as he borrows the cow?
- ... hires or borrows the owner *before* borrowing the cow?
What is the Tana coming to teach us?
(d) And what does our Mishnah say about someone who hires a cow together
with the owner?
(a) Our Mishnah discusses a case of borrowing the owner and the cow
How do we know that 'simultaneously' must be taken
(b) What problem do we then have with that?
(c) We give two answers to the Kashya; one of them, that the Tana speaks
when the cow is already standing in the borrower's domain, and requires no
Kinyan (in which case, he will acquire both at the same time, by agreement).
What is the other answer?
(a) We already learned the Mishnah which discusses the four Shomrim.
two Shevu'os does a Shomer Sachar need to make if an O'nes occurred?
(b) If the third of the three Parshiyos of Shomrim specifically mentions a
Sho'el ("ve'Chi Yish'al Ish ... "), how do we know that the second Parshah
is talking about a Shomer Sachar, and the first, about a Shomer Chinam, and
(c) Perhaps the first Parshah is speaking about a Shomer Sachar, because it
contains the Chumra of paying Kefel by To'en Ta'anas Ganav (as we learned in
Bava Kama), following a Shevu'ah; (whereas the second Parshah obligates the
Shomer to pay the Keren as soon as the object is stolen or lost)?
(d) How do we prove this from Sho'el?
(a) How can we say that a Sho'el has *all* the benefits? Does the animal not
(b) How do we alternatively ...
- ... feeding?
- ... looking after?
- ... amend the statement even if we are speaking about a borrowed animal?
- ... establish the case without the above problems and without the amendment?
(a) If we know that a Shomer Sachar and a Socher are liable to pay for
Geneivah, because the Torah writes "Im Ganov Yiganev me'Imo, Yeshalem
li'Be'alav", from where do we initially learn that they are also liable for
(b) And where did the B'nei Eretz Yisrael learn it from, according to those
who hold that the Torah tends to speak in human terms?
(c) Now that we have a 'Kal va'Chomer', why does the first opinion quote a
(a) The Torah writes in connection with a Sho'el "ve'Nishbar O Meis".
can we not learn Shevuyah (taken captive) from ...
(b) So we cite Rebbi Nasan, who learns Shevuyah from "ve'Nishbar *O* Meis".
What problem do we have with this? What else might we need to learn from
- ... Shevurah u'Meisah? Why might the Sho'el not have been liable by the former even though he is liable by the latter?
- ... the fact that the Torah gives it the same Din (of Patur) as Shevurah u'Meisah by a Shomer Sachar and a Socher?
(a) So we establish Rebbi Nasan like Rebbi Yonasan.
We just established Rebbi Nasan like Rebbi Yonasan.
How does Rebbi Yonasan
interpret the Pasuk in Kedoshim "Aviv ve'Imo Kilel ... "?
(b) What is the basis of his opinion?
(c) Rebbi Yoshiyah agrees with Rebbi Yonasan's ruling, but from a different
From where does *he* learn it?
(d) What would be the Din according to Rebbi Yoshiyah, were it not for the
dual mention of 'K'lalah'?
How might even Rebbi
Yashiyah agree here that Shevurah u'Meisah does not require "O" Lechalek?
Answers to questions