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Bava Metzia 61

BAVA METZIA 61,63,64,65 - Mrs. Estanne Abraham-Fawer has dedicated two weeks of Dafyomi study material to honor the second Yahrzeit of her father, Reb Mordechai ben Eliezer Zvi (Weiner, who passed away 18 Teves 5761). May the merit of supporting and advancing the study of the Talmud be l'Iluy Nishmaso.

1) [line 35] CHAZAR HA'DIN, LO RE'I ZEH K'RE'I ZEH (TZAD HA'SHAVEH)
(a) The method of learning that is being used by our Gemara is called a comparison, or "Meh Matzinu" - "What we have found [in one subject, applies to another subject, also.]" Among the rules of this method is the rule of a "Pirchah" (a question), where even a slight difference between the subjects causes the comparison to collapse, and no connection may be made.
(b) If a Pirchah is asked, the Gemara will bring a "Yochi'ach" or "Tochi'ach" (fem.) (a proof), where another subject, which fulfills the requirements of the Pirchah, is used to rebuild the comparison. A second Pirchah usually follows, where the Yochi'ach subject is brought into question. Then the original subject becomes the Yochi'ach.
(c) The conclusion is v'Chazar ha'Din (the Din goes back and forth), Lo Re'i Zeh k'Re'i Zeh (this subject is not exactly like that subject and vice versa), but the Tzad ha'Shaveh (common denominator) may be used to connect the Halachos of the two subjects, and we may learn a new Halachah from them. The common denominator may also be brought into question, which inhibits learning the new Halachah from the two subjects.

2) [line 37] KOVESH SECHAR SACHIR - one who withholds the wage of a hired worker. The Torah teaches that it is prohibited to delay paying a hired worker (Vayikra 19:13, Devarim 24:14)..

3) [line 38] "LO SA'ASHOK SACHIR ANI V'EVYON" - "You shall not cheat a poor or destitute hired worker...." (Devarim 24:14)

4) [last line] DAVAR HA'LAMED ME'INYANO - it is a matter that is learned from its context

61b---------------------------------------61b

5) [line 3] AL MENAS L'MEIKAT - with intention to harass

6) [line 5] MISHKALOS
It is forbidden to act deceitfully when buying and selling using weights (Vayikra 19:36, Devarim 25:15). To willingly keep an inaccurate weight or measure in one's house or store is likewise prohibited, even if it not used for trade (RAMBAM Hilchos Geneivah 7:1, 3; see SEFER HA'CHINUCH #'s 258, 259 and 602)

7) [line 6] TOMEN MISHKELOSAV B'MELACH - one who stores his weights in salt. According to Rashi, this is referring to the buyer's weights (as it was occasionally the buyer who brought his own weights with which to weigh the merchandise); the salt caused the weights to become heavier than they were labeled. According to other Rishonim (Ritva), this is referring to the seller's weights; the salt corroded the weights, causing them to become lighter than they were labeled.

8) [line 7] SHE'AS ASIYAH - the moment that he did it (even before he uses the weight to cheat someone)

9) [line 7] "LO SA'ASU AVEL BA'MISHPAT, BA'MIDAH, BA'MISHKAL, UVA'MESURAH" - "You shall not make a corruption of justice, in measures of length, in weight, and in volume." (Vayikra 19:35)

10) [line 12] YARTI'ACH - (O.F. escume) cause it to foam up (when pouring it into the buyer's vessel)

11) [line 13] MESURAH - a measure of volume, equal to 1/36th of a Log

12) [line 14] HIN / LOG (MEASURES OF CAPACITY : LIQUIDS)

  • 1 Bas (Efah) = 3 Se'in
  • 1 Se'ah = 2 Hinin
  • 1 Hin (Tarkav) = 12 Lugin
  • 1 Log = 4 Revi'i'os = 6 Beitzim = 64 Kortovim
1 Se'ah = 7.2, 8.29 or 14.4 liters, depending upon the differing Halachic opinions, therefore:
  • 1 Hin = 3.6, 4.145 or 7.2 ml
  • 1 Log = 0.3, 0.345 or 0.6 ml,
13a) [line 24] KALA ILAN - indigo dye (a cheap Techeles imitation produced from the indigo plant)
b) [line 24] TECHELES - greenish blue wool used for Tzitzis, the dye of which is obtained from the Chilazon, the underwater snail murex trunculus. Techeles is very expensive and it is therefore often forged by using Kala Ilan in place of Techeles.

14) [line 24] RAVINA IKLA L'SURA D'FERAS - Ravina traveled to Sura on the Euphrates (Soura-Soura, the modern day Surie -- as opposed to Sura, a town in Southern Babylonia between the canals, seat of the Yeshiva founded by Rav)

15) [line 27] SHERATZIM: ISUR ACHILAH
A Sheretz is a creature that creeps upon the earth and is forbidden to be eaten, as mentioned in Vayikra 11:29-30 (see Background to Shabbos 107:5).

16) [line 30] KIRVEI DAGIM TEME'IN - the innards of impure (prohibited) fish
17) [line 32] MAI SHENA HACHA "HA'MA'ALEH" D'CHASAV RACHMANA - why does the Merciful One write here (Vayikra 11:45), with regard to the prohibition of eating Sheratzim, the word "ha'Ma'aleh" -- "the One who brings you up," [and not as it is written elsewhere, "ha'Motzi" -- the One who brought you out"]?

18) [line 36] EIN METAM'IN BI'SHERATZIM - they do not defile themselves [by eating] Sheratzim (see above, entry #15)

19) [line 37] U'MI NAFISH AGRAIHU TEFEI... - and is the reward (for refraining from eating Sheratzim) greater than that for observing the laws of Ribis, Tzitzis, and Mishkalos?

20) [line 41] AD KAN "YACHIN RASHA V'YILBASH TZADIK" - until here the verse "the wicked one prepares, and the righteous one will wear it" (Iyov 27:17) applies. The Gemara at this point assumes this to mean that the verse applies only to the first set of cases in the Mishnah -- those of Ribis d'Oraisa, and not to the second set of cases which refer to Ribis d'Rabanan. (The actual verse does not include the word "Rasha," although it is clearly referring to the Rasha, as is clear from Iyov 27:13.)

21) [line 42] RIBIS KETZUTZAH / AVAK RIBIS
(a) It is forbidden to lend money with interest (Shemos 22:24, Vayikra 25:36, Devarim 23:20). Even if interest is charged conditionally, and it is eventually not collected, the transaction is prohibited mid'Oraisa according to some Tana'im. It is also forbidden to take money in order to allow the borrower more time to complete the payment of the loan. (Such payment is known as "Agar Natar.")
(b) The Torah forbids lending with interest only if the rate or amount of interest was fixed at the time that the loan was made. This is called Ribis Ketzutzah. If interest was paid but the amount paid was not fixed at the time of the loan, or if a higher price was paid in a *sale* in order that the seller should allow the buyer more time to complete his payment for the purchase, it is called Avak Ribis or Ribis d'Rabanan. In addition to these, certain payments that are not actually Ribis mid'Oraisa or mid'Rabanan were prohibited because they have similarities to Ribis. Chazal refer to this as "Ha'aramas Ribis."

22) [line 45] "B'NESHECH NASAN V'SARBIS LAKACH, VA'CHAI? LO YICHYEH! ES KOL HA'TO'EVOS HA'ELEH ASAH, [MOS YUMAS, DAMAV BO YIHEYEH]" - "He gave [loans] with interest and he took increase, will he live? He will not live! He has done all of these abominations, [he will surely die, his blood will be upon him.]" (Yechezkel 18:13)

23) [line 47] "AL TIKACH ME'ITO NESHECH V'SARBIS V'YAREISA ME'ELOKECHA [V'CHEI ACHICHA IMACH]" - "Do not take from him interest or increase, but fear your G-d [so that your brother may live with you.]" (Vayikra 25:36)

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