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Bava Metzia 93
BAVA METZIA 91-95 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
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1) [line 1] EIN HA'RAV YACHOL LOMAR L'EVED "ASEH IMI V'EINI ZANCHA" - the
master may not say [to his slave,] "Work for me but I will not feed you."
2) [line 6] V'REBBI YOCHANAN D'AMAR YACHOL HA'RAV - (Source: Gitin 12b)
3) [line 17] OCHLIN ME'HILCHOS MEDINAH - they eat according to the local
custom
4a) [line 19] GINOS - vegetable gardens
b) [line 19] PARDESIN - vineyards or orchards
5a) [line 19] GITOS - [wine in] winepresses
b) [line 19] AREIMOS - piles [of grain]
6) [line 22] HA'MESHAMER ES HA'PARAH METAMEI BEGADIM - the one who guards
the cow [from the time of its slaughter until its ashes are collected]
becomes Tamei to the extent that he causes the clothing that he is wearing
at the time to become Temei'im also (PARAH ADUMAH)
(a) The Parah Adumah, an exclusively red-haired female cow, is burned on Har
ha'Zeisim and its ashes are used for making a person Tahor if he is Tamei
Mes. Only a cow that has not had a yoke placed upon it and has had no other
work done with it is fit to be used as a Parah Adumah. A place is prepared
for its slaughter on Har ha'Zeisim, opposite the gate to the Azarah (the
courtyard of the Beis ha'Mikdash). After it is slaughtered, its blood is
sprinkled in the direction of the Beis ha'Mikdash seven times. A cedar
branch, some Ezov branches and a piece of crimson wool are thrown into the
carcass of the cow while it is burning. (Bamidbar 19:1-22).
(b) If a person (or utensil) became Tamei through touching Tum'as Mes or
being in the same room as a Mes or something that is Metamei b'Ohel, he must
wait seven days to become Tahor. On the third and seventh days he must have
spring water mixed with the ashes of the Parah Adumah (Mei Chatas) sprinkled
on him. A person who is Tahor dips three Ezov branches that have been bound
together into the mixture, and sprinkles them on the person who is Tamei. On
the seventh day, he immerses in a Mikvah after the mixture is sprinkled on
him in order to complete his Taharah (Bamidbar 19:17-19).
(c) The Rabanan decreed that the person who guards the Parah Adumah becomes
Tamei, as well as any clothes or utensils that he is touching at the time,
giving them the status of "Rishon l'Tum'ah." The reason for this decree is
that we suspect that the watchman may have inadvertently moved a limb of the
cow while he is fulfilling his task.
7) [line 25] MIKSHA'OS - cucumber patches
8) [line 25] LO YEMALEI KEREISO - he shall not fill his stomach
9) [line 27] AKURIN - uprooted, picked
10) [line 28] SHE'LO NITAL PIKAS SHELAHEN - their flowers had not yet fallen
off
11) [line 34] ARBA'AH SHOMRIM: SHOMER CHINAM VEHA'SHO'EL, NOSEI SACHAR
VEHA'SOCHER (FOUR SHOMRIM)
The Torah (Shemos 22:6-14) mentions four types of Shomrim (watchmen) and the
different Halachos that apply to them:
1. SHOMER CHINAM - the Shomer Chinam is one who watches an item without
demanding compensation from the owner. He is liable for damages only in
cases of Peshi'ah (negligence), but not in cases of theft or loss, and
certainly not in a case of Ones (an unavoidable accident).
2. SHO'EL - the Sho'el, the borrower, is one who borrows an item in order to
use it and becomes obligated to take care of it. He is liable for damages in
cases of Peshi'ah, theft or loss, and Ones. He is exempt from damages only
in a case of "Meisah Machmas Melachah," when the item was damaged in the
normal manner of usage, or if the item was damaged while its owner was
working for the borrower ("Be'alav Imo").
3. NOSEI SACHAR - Nosei Sachar, or Shomer Sachar, is one who is paid to
watch an item but is not permitted to use it. He is liable for damages in
cases of Peshi'ah, theft or loss, but is not liable in a case of Ones.
4. SOCHER - the Socher, or renter, is one who pays money to rent an item. He
is liable for damages in cases of Peshi'ah, theft or loss, but is not liable
in a case of Ones, just like a Shomer Sachar, according to some of the
Tana'im. Others assert that a Socher is liable for damages only in cases of
Peshi'ah, but not in cases of theft or loss, and certainly not in a case of
Ones, just like a Shomer Chinam (Bava Metzia 93a).
12) [line 35] NISHBA AL HA'KOL - takes an oath [to exempt himself from
payment] for all [damages that occur to the item that he is watching]
13) [line 35] MESHALEM ES HA'KOL - pays for all [damages that occur to the
item that he is borrowing]
14a) [line 36] SHEVURAH - [an animal that] broke a limb
b) [line 36] SHEVUYAH - [an animal that was] captured
15) [line 36] MESAH - died as a result of an unavoidable accident
16) [line 42] IY HACHI, ARBA'AH?! SHELOSHAH NINHU! - if so, that a Socher
has the same Halachos as either a Shomer Chinam or a Shomer Sachar, then
there are only three categories of Shomrim and not four! (see TOSFOS DH Iy
Hachi; RASHI to Shevu'os is not Gores the words "Iy Hachi")
17) [line 43] HA'HU RAYA D'HAVAH KA RA'EI CHEIVASA A'GUDA D'NEHAR PAPA -
there was a certain shepherd who was grazing animals on the banks of the
Papa River, the name of a canal in Bavel
18) [line 43] SHAREIG CHADA MINAIHU V'NAFLAS L'MAYA - one of the animals
slipped and fell into the water [an drowned]
93b---------------------------------------93b
19) [line 2] AL L'MASA B'IDNA D'AILEI INSHEI - [the shepherd] went into the
town at the time that all shepherds go into town [leaving the flocks in the
fields]
20) [line 3] GANA PURSA - he slept a little
21) [line 6] "VA'TIPOL SHEVA VA'TIKACHEM, V'ES HA'NE'ARIM HIKU L'FI
CHAREV..." - "And [people of the kingdom of] Sheva fell upon them (the bulls
and the donkeys), and took them away. They have slain the servants with the
edge of the sword, [and I alone have escaped to tell you.]" (Iyov 1:15)
22) [line 7] CHAZANEI MASA - the city watchmen (who are expected to perform
expert guard duty)
23) [line 9] "HAYISI VA'YOM, ACHALANI CHOREV, V'KERACH BA'LAILA..." - "Thus
I was; in the day the scorching heat consumed me, and the frost by night;
[and my sleep departed from my eyes.]" (Bereishis 31:40)
24) [line 11] NATRI LACH NETIRUSA YESEIRTA - I performed expert guard duty
25) [line 13] EDRO - his flock
26) [line 13] ZE'EV - a wolf
27) [line 14] TARAF - tore [its prey and dragged it to its lair, where it
killed it and ate it]
28) [line 14] ARI - a lion
29) [line 14] DARAS - attacked with its paws or claws [and ate it on the
spot]
30) [line 18] TECHILASO BI'PESHI'AH V'SOFO B'ONES; CHAYAV - although the
eventual damage that occurred was an Ones and something for which the Shomer
would not normally be responsible, he was negligent in the first place in
such a way that could have led to the type of damage(s) for which he would
have been Chayav.
The Gemara (42a) cites two views regarding the liability of the Shomer in a
case of "Techilaso bi'Peshi'ah v'Sofo b'Ones," and rules in accordance with
the view that says that the Shomer is Chayav. Our Gemara supports the ruling
since it only considers the opinion that the Shomer is Chayav (TOSFOS to
Bava Metzia 42a DH Hachi Garsinan).
31) [line 21] HAYAH LO L'KADEM B'RO'IM UV'MAKLOS - he could have gathered a
group of shepherds armed with large sticks
32) [line 28] IY HACHI MAI AHANI LEI MINAH? - If so, what benefit does the
owner have from this [since he will end up paying back the Shomer the value
of his sheep?] (he could just as well not have the Shomer save them and buy
new sheep)
33) [line 29] KUSHRA D'CHEIVASA - the familiarity that he has with his
animals and the fact that they are accustomed to and trained to know his
stables
34) [line 29] TIRCHA YESEIRTA - the extra trouble [of buying new animals]
35) [line 32] BAR ADA SEVULA'AH - Bar Ada, the porter
36) [line 33] HAVI KA MA'A'AVAR CHEIVASA A'GAMLA D'NARASH - was transporting
animals over the bridge of Narse, a town in Bavel
37) [line 34] DACHAFAH CHADA L'CHAVERTAH V'SHADISAH B'MAYA - one of them
pushed another one into the water [and it drowned]
38a) [line 38] KEVAR TZAVCHU KAMA'EI D'KAMACH - earlier ones (litigants)
have cried out like this before, i.e. have used this as their claim of
innocence
b) [line 39] V'LO IKA D'ASHGACH BEHU - and no one has paid any attention
39) [line 39] AFKID KISNA BEI RUNYA - deposited flax in the house of [and
under the guard of] Runya
40) [line 40] SHAMTEI MINEI - he (Shabu) stole it from him (Runya)
41) [line 41] CHIYEVEI - Rav Nachman ruled that Runya was liable to pay for
the flax
42) [line 43] NIGNEVAH B'ONES - it was stolen through uncontrollable
circumstances, e.g. by a Listim Mezuyan, an armed bandit
43) [line 46] GAVREI D'FARMUSKA HAVU KAIMEI - the official law-enforcement
officers were there (within earshot)
44) [line 46] D'IY RAMA KOLA, HAVU ASU U'MATZLIN LEI - had he called out,
they would have come and saved him
45) [line 47] BI'SHE'AS MISHLACHAS ZE'EVIM - at the time of a wolf attack
46) [line 48] YIDO'A HA'BAVLI - the name of Tana'ic sage
47) [line 48] ME'RU'ACH ACHAS - if they came from the same direction
48) [line 49] HA'LISTIM / HA'LISTAM - [one] armed bandit
49a) [line 49] DOV - a bear
b) [line 49] NAMER - a leopard
c) [line 49] BARDELAS - (a) (O.F. puteis) ferret; a small, half-tamed,
flesh-eating animal similar to a weasel; (b) a polecat; a small dark brown
flesh-eating animal similar to a weasel; (c) a striped wild animal of the
genus felis leopard; striped hyena (RASHI to Avodah Zarah 42a); (d) marten
(Tosfos Sanhedrin 15b DH veha'Bardelas)
50) [line 49] SHE'BA'U ME'ELIHEN - when they came of their own accord
51) [line 50] HOLICHAN LI'MEKOM GEDUDEI CHAYAH V'LISTIM - but if he (the
shepherd) took them to a place of wild animals and armed bandits
52) [line 50] MESAH K'DARKAH - if it died of natural causes
53) [line 50] SIGFAH - he afflicted it (by starving it or leaving it out in
the scorching sun)
54) [line 51] ALSAH L'ROSHEI TZUKIN - it went up to the high cliffs
55) [line 53] LISTIM MEZUYAN - armed bandits
56) [last line] GANVA SARYA - you rotten thief!
57) [last line] B'DUCHTA PELANYA YESIVINAN - we are staying in such-and-such
a place
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