POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Bava Kama 57
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BAVA KAMA 57 (Rosh Hashanah) - dedicated by Rabbi Eli Turkel and his wife, Jeri. May
they be blessed with much Nachas from their children and grandchildren and may all of
their prayers be answered l'Tovah!
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1) ONE WATCHING A LOST OBJECT
(a) (Rabah): One watching a lost object is considered a
Shomer Chinam" (he is exempt if it stolen or if he loses
it);
(b) (Rav Yosef): He is considered a Shomer Sachar (and liable
for loss or theft).
1. Rabah says he is considered a Shomer Chinam, for he
gets no benefit.
2. [Version #1: Rav Yosef says he considered a Shomer
Sachar - it is a Mitzvah to watch a lost object, and
this Mitzvah exempts him from having to give
Tzedakah to a poor man that requests.]
3. [Version #2: Rav Yosef says, since the Torah forced
him to watch the object, he is like a Shomer
Sachar.]
(c) Question (Rav Yosef - Beraisa): If the finder returned it
to a place where the owner can see it, this is enough; if
it was stolen or lost, he is liable.
1. Question: From where was it stolen or lost?
i. Suggestion: From the finder's house. (This is
as Rav Yosef.)
(d) Answer (Rabah): No, from where he returned it to.
(e) Question: But the Beraisa says, if he returned it to
there, this is enough!
(f) Answer: The case is, he returned it in the afternoon; the
Beraisa teaches 2 laws.
1. If the finder returned it in the morning to a place
where the owner normally goes and can see it, this
is enough;
2. If he returned it in the afternoon to a place it can
be seen, but the owner doesn't normally go there, if
it was stolen or lost, he is liable.
(g) Question (Beraisa): He is always liable (for loss or
theft) until he returns it to his premises.
1. Suggestion: This means, even (if it was stolen or
lost) from the finder's house - this shows, he is a
Shomer Sachar!
(h) Answer: Rabah admits that one who finds an animal is
responsible for theft and loss - since the animal learned
to roam, it must be watched better.
(i) Question (Rabah - Beraisa): "Return" - to his house; "you
will return them" - even to his garden or (deserted)
ruin.
1. Question: What is the case, to his garden or ruin?
i. Suggestion: If they are guarded - this is just
as returning to his house!
2. Answer: Rather, they are not guarded - this shows,
the finder is as a Shomer Chinam (if suffices to do
even a minimal guarding)!
(j) Answer (Rav Yosef): Really, they are guarded; the Beraisa
teaches that we do not need the owner to know that they
were returned.
1. (R. Elazar): In all cases, the owner must know when
his article was returned, except for a lost object,
for the Torah obligated "many returnings."
2) ONE WHO CLAIMS THE ITEM WAS STOLEN
(a) Question (Abaye on Rav Yosef): R, Chiya bar Aba cited R.
Yochanan to say that one who found a lost object and
(falsely) swore that it was stolen from him (and it was
later found that the finder had it), he pays double, as a
thief.
1. If a finder is a Shomer Sachar - even if claims it
was stolen, he must pay (he was not trying to steal,
he would not pay double)!
(b) Answer (Rav Yosef): The case is, he claimed that armed
robbers stole it (to exempt himself, for that is Ones).
(c) Question (Abaye): Armed robbers never pay double, only
thieves!
(d) Answer (Rav Yosef): Since they hide from people, they are
as thieves to pay double.
57b---------------------------------------57b
(e) Question (Abaye - Beraisa): You cannot learn from a
Shomer Chinam, who pays double, to a Shomer Sachar, who
does not pay double.
1. If armed robbers are as thieves and pay double, also
a Shomer Chinam can pay double (when he claims that
armed robbers took it)!
2. Answer (Rav Yosef): The Beraisa says: You cannot
learn from a Shomer Chinam, who pays double on any
(false) claim (of theft), to a Shomer Sachar, who
only pays double by a claim of armed robbers.
3) "ONES"
(a) Question (Abaye - Beraisa): "If it was broken or died" -
how do we know (that a borrower is liable) even if it was
stolen or lost?
1. A Kal va'Chomer teaches this: a Shomer Sachar is
exempt when it is broken or dies, but is liable for
theft or loss - a borrower, who is liable when it is
broken or dies, all the more so he is liable for
theft or loss; no question may be asked on this Kal
va'Chomer.
2. If armed robbers are as thieves and pay double, we
may ask a question - a Shomer Sachar sometimes pays
double (when he claims armed robbers took it), a
borrower never pays double (and is more lenient in
this respect)!
(b) Answer (Rav Yosef): This Tana holds that a Shomer Sachar
is more lenient, since he can swear (that armed robbers
took it) and be exempt, even though this can lead to
paying double.
(c) Suggestion: A Beraisa supports Rav Yosef.
1. (Beraisa): Reuven rented a cow from Shimon; it was
stolen. Reuven said, I will pay and not swear; the
thief was found - he pays double to Reuven.
2. Assumption: This is as R. Yehudah, who says that a
renter is as a Shomer Sachar; since Reuven said, I
will pay and not swear, this implies that he could
have sworn and not paid.
3. The case is, he claimed that armed robbers took it;
if they are found later, they pay double!
(d) Rejection #1: Perhaps it is the ruling of R. Meir, who
says that a renter is as a Shomer Chinam (and he claimed
that a (regular) thief stole it).
(e) Rejection #2: It is the ruling of R. Yehudah, according
to Rabah bar Avuha, who says that R. Yehudah holds that a
renter is as a Shomer Chinam.
(f) Rejection #3 (R. Zeira): The case is, Reuven claimed that
armed robbers took it; later, it was found that a thief
took it.
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