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 Basra 93
BAVA BASRA 91-95 - Sponsored by a generous grant from an anonymous donor.
Kollel Iyun Hadaf is indebted to him for his encouragement and support and
prays that Hashem will repay him in kind.
1) FOLLOWING THE ROV (cont.)
(a) Question (Mishnah): An ox gored a cow; a dead calf is
found by the cow, we do not know if the calf was born
before the goring (and died by itself), or after the
goring (and died on account of the goring). The ox pays
half-damage for the cow, and quarter-damage for the calf.
1. Question: Why don't we follow the Rov of animals,
most give birth to live calves - since this did not,
we assume this was because of the goring!
(b) Answer: There we do not follow the Rov because we do not
know how the goring happened: perhaps the cow saw the ox
coming and miscarried out of fear, or perhaps the ox
gored it from the back (it never saw the ox coming), the
miscarriage was because of the goring;
1. We are in doubt - in all doubtful monetary cases, we
divide the disputed money (according to Sumchus).
(c) Suggestion: Tana'im argue as Rav and Shmuel argue.
2. (Beraisa): An ox was grazing; a dead ox was found
next to it. Even if it was gored or bitten, and the
live ox is Mu'ad (established) to gore or bite, we
do not assume that it killed it;
(d) Rejection #1: Even Chachamim can hold like Rav:
3. R. Acha says, if a dead camel was found near a
mating camel, surely the mating camel killed it.
4. We are assuming that Rov and Chazakah are similar
(whoever followsone follows the other); the
assumption that the mating camel killed the dead
camel is based on Chazakah
5. Suggestion: Rav holds like R. Acha, Shmuel holds
1. Chachamim only say that we do not follow Chazakah,
they can say that we follow a Rov.
(e) Rejection #2: Even R. Acha can hold like Shmuel:
1. R. Acha only says that we follow Chazakah regarding
a mating camel, for it itself is Muchzak to gore; he
would not say that we following a Rov (that is only
statistical, i.e. that most people buy for plowing).
(f) Question (against Rav - Mishnah): Reuven bought Shimon's
fruit and planted it, and it did not grow, even flax
seeds - Shimon is exempt.
1. Question: Why does it say 'even flax seeds'?
(g) Answer: Tana'im argue about this.
2. Answer: To teach that even though most people plant
flax seeds, we do not follow the Rov.
1. (Beraisa): Reuven bought Shimon's fruit and planted
it, and it did not grow: if he bought seeds that are
not eaten, Shimon is liable; if he bought flax
seeds, Shimon is exempt;
2. R. Yosi says, Shimon must return the value of flax
seeds for planting.
2) COMPENSATION FOR LOSS DUE TO EXPENDITURES
3. Chachamim: Many people buy flax seeds for other
(h) Question: Which Tana'im argue about following the Rov?
1. Suggestion: R. Yosi and Chachamim that responded to
(i) Answer: The first Tana (does not follow the Rov), R. Yosi
and the latter Chachamim do.
2. Rejection: Both follow the Rov - R. Yosi follows the
Rov of seed bought, Chachamim follow the Rov of
people that buy.
(a) (Beraisa): Shimon must return the value of seeds for
3) FLAWED ITEMS THAT A BUYER MUST ACCEPT
(b) Some say, he also pays the expenditures.
(c) Question: Who is the Tana that obligates paying the
(d) Answer (Rav Chisda): It is R. Shimon ben Gamliel.
(e) Question: From which teaching of R. Shimon ben Gamliel
may we infer this?
1. Suggestion (Our Mishnah): Reuven bought Shimon's
fruit and planted it, and it did not grow, even flax
seeds - Shimon is exempt;
(f) Answer (Beraisa): In the following cases, one is liable
for substandard work if he receives wages (if he works
for free, he is exempt):
2. R. Shimon ben Gamliel says, if he bought seeds that
are not eaten, Shimon is liable.
i. Question: Chachamim (the first Tana) exempted
regarding flax seeds, but they admit regarding
seeds that are not eaten that Shimon is liable!
3. Question: There is no source to say so, we could
equally say just the contrary (Chachamim obligate
the expenditures, R. Shimon just the seeds)!
ii. Answer: They only argue about how much Shimon
pays: Chachamim only obligate the value of the
seeds, R. Shimon ben Gamliel also obligates the
4. Answer: No - the latter Tana always comes to add.
5. Objection: Perhaps the entire Mishnah is R. Shimon
ben Gamliel; the Mishnah is abbreviated, it means as
follows: Reuven bought Shimon's fruit and planted
it, and it did not grow, even flax seeds - Shimon is
6. This is like R. Shimon ben Gamliel, who says that if
he bought seeds that are not eaten, Shimon is
1. A grinder received wheat to grind, and he did not
soak it first, and he therefore produced coarse
2. A baker received flour to make bread, and he made
bread that crumbles;
3. A slaughterer did an invalid slaughter.
4. R. Shimon ben Gamliel says, he must also compensate
the buyer and the guests for their embarrassment.
5. Similarly, R. Shimon ben Gamliel said that the
custom in Yerushalayim was that if one sells food
for a banquet and it spoiled, he must compensate the
buyer for his and the guests' embarrassment;
6. Another custom in Yerushalayim: guests may enter to
eat only as long as a cloth is spread over the
(a) (Mishnah): If Reuven sold grain to Shimon, Shimon must
accept a quarter Kav of Pesoles (waste) mixed in with
each Se'ah, 10 wormy figs out of every 100 , 10 barrels
of bad wine out of every 100, 10 bad (empty) bottles (in
Sharon) out of every 100.