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 Kama 97
1) STEALING SLAVES
(a) (Mishnah): R. Meir says, regarding slaves, he can say
behold, here are your slaves.
2) USE OF A BOAT
(b) (R. Chanina bar Avdimi, citing Rav): The law is as R.
(c) Question: Why should Rav rule as R. Meir against
(d) Answer: A Beraisa switches the opinions.
(e) Question: Why should Rav rule as the Beraisa against the
(f) Answer: Rav also switches the opinions in our Mishnah.
(g) Question: Rather, he should switch the opinions in the
Beraisa to conform to the Mishnah!
(h) Answer #1: Rav's text of the Mishnah was as the Beraisa
(i.e. the opposite of our text in the Mishnah).
(i) Answer #2: We switch a Mishnah when 2 Beraisos teach to
the contrary (and here, a second Beraisa teaches to the
1. (Beraisa - R. Meir): Reuven traded a cow for a
donkey, and the cow gave birth; or, he sold a slave,
and she gave birth (the cow or slave was not here).
One party says, I owned the mother at the time of
birth (so the child is mine); the other party is
silent - the party claiming the child gets it;
(j) Question: If Rav rules as (the opinion he attributes to)
Chachamim, he should say, the law is as Chachamim!
2. If both parties are unsure, they each own half the
3. If both parties claim the child, the original owner
of the mother swears that he still owned her at the
time of birth (and he gets the child), for
mid'Oraisa, the one who swears does not pay.
i. Chachamim say, we do not swear on land or
slaves (because slaves are equated to land -
likewise, they cannot be stolen).
(k) Answer: He teaches - according to our text (in the
Mishnah), the law is as R. Meir.
(l) Question: Does Rav really holds that slaves are as land?!
1. Contradiction (Rav Daniel citing Rav): Reuven
grabbed Shimon's slave and had the slave work for
him - he is exempt.
(m) Answer: The case is, he used the slave when the slave
does not work (he is exempt, as Rav Huna).
i. If slaves are as land - the slave always
belonged to Shimon, he should own the labor!
1. Question (R. Aba): Levi lived in Yehudah's field
without Yehudah's knowledge - must he pay rent?
(n) Rejection: The cases are different!
2. Answer (Rav Huna): He is exempt.
1. In that case, Levi benefits Yehudah, both according
to the opinion that an inhabited house is settled
(the dweller tends to its upkeep), and according to
the opinion that Shedim damage desolate houses;
(o) Answer: Here also, it benefits Shimon that his slave does
not get used to idleness.
2. Here, Shimon loses, his slave is weaker (because he
(p) People of Rav Yosef bar Chama's household would take
slaves (of people who owed them money) and work with
1. Rava (his son): Why do you do this?
2. Rav Yosef: As Rav Nachman taught - a slave is not
worth the food he eats (I feed them when I use them
- I benefit the owners)!
3. Rava: Rav Nachman only said that about his own slave
Daro, who dances in bars to get drinks - normal
4. Rav Yosef: I hold as Rav Daniel citing Rav, if
Reuven grabbed Shimon's slave and used the slave, he
i. Inference: Shimon is happy that people use his
5. Rava: But since you take slaves of people that owe
you, this looks like usury!
i. (Rav Yosef bar Minyomi): If Levi lived in
Yehudah's field without Yehudah's knowledge, he
is exempt - but if Yehudah owes him money, Levi
must pay rent.
6. Rav Yosef bar Chama: I retract.
(a) (Rav): Reuven grabbed Shimon's boat and used it - Shimon
may demand the normal rental, or the depreciation.
3) DISQUALIFIED COINS
(b) (Shmuel): He only gets the depreciation.
(c) Resolution #1 (Rav Papa): They do not argue - Rav speaks
of a boat standing to be rented, Shmuel speaks of a boat
not standing to be rented.
(d) Resolution #2: Both speak of a boat standing to be rented
- Rav's law is when Reuven intended to rent it, Shmuel
speaks when he intended to steal it.
(a) (Mishnah): If he stole a coin and it cracked...
4) CURRENCIES OF OTHER KINGDOMS
(b) (Rav Huna): 'Cracked' - this is understood literally;
'disqualified' - this means, the kingdom disqualified the
(c) (Rav Yehudah): If the kingdom disqualified the coin, this
is also considered 'cracked'.
(d) Question: If so, what is the case of disqualified?
(e) Answer: This province disqualified it, it is accepted in
(f) Question (Rav Chisda, of Rav Huna): You say that
'disqualified' means, by the whole kingdom - but fruit
that rotted, and wine that soured are similar to this,
and there, he pays as at the time of the theft!
(g) Answer (Rav Huna): There, the taste and smell changed -
here, the coin did not change.
(h) Question (Rabah of Rav Yehudah): You hold that if the
whole kingdom disqualified the coin, this is as if it
cracked (and he pays as the time of the theft) - but
Terumah that became Tamei is similar, and there he can
say behold, here is your Terumah!
(i) Answer (Rav Yehudah): There, the damage is not
noticeable; by the coin, one can see that it is unlike
the coins being used.
(a) (Rav): Reuven lent Shimon money, and the currency was
disqualified - Shimon must pay with a currency that is
(b) (Shmuel): Shimon can return the same currency, and say
'you can use it in Meishan (a far away place in which it
is still accepted)'.
(c) Rav Nachman: Presumably, Shmuel's law is only when Reuven
needs to (Rashi; Rashba - can) travel to there.
(d) Question (Rava - Beraisa): We may not redeem Ma'aser
Sheni on currency that is not accepted;
1. If he had coins of Ben Koziva or of previous kings,
they may not be used.
(e) Answer (Rav Nachman): There, the case is that the kings
do not mind people using currency of other kingdoms.
2. Inference: A similar case of coins of contemporary
kings (i.e. they may not be used here) may be used
(f) Question: We must say, Shmuel's law is when the kings
object to use of other currencies - if so, the money will
(g) Answer: They object to using other currencies, but they
do not search people for other currencies.
(h) Question (Beraisa): In Bavel, we may not redeem Ma'aser
Sheni on coins of Yerushalayim, nor vice-versa;
1. We may redeem on coins of Bavel in Bavel.
(i) Answer: The case is, the kings object to use of other
coins and search people for them.
2. Summation of question: The Beraisa forbids
redemption on Yerushalayim coins in Bavel, even
though the owner will come to Yerushalayim!
(j) Question: If so, why may we redeem in Bavel with coins of
Bavel - they cannot be taken to Yerushalayim!
(k) Answer: One may buy an animal, and take it to
(l) Question (Beraisa): It was enacted that all coins be
accepted in Yerushalayim for this reason! (So why may we
not redeem on coins of Bavel in Yerushalayim?).
(m) Answer (R. Zeira): When Yisrael are ruling in
Yerushalayim, all coins may be used; when others rule,
only Yerushalayim coins maybe used.
(n) (Beraisa): The coin of Yerushalayim: on one side, it says
David and Shlomo; on the other side, Yerushalayim, the
1. The coin of Avraham: Yitzchak and Rivka on one side,
Avraham and Sarah on the other.