REVIEW QUESTIONS ON GEMARA AND RASHI
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Bava Metzia 41
BAVA METZIA 41 (18 Teves) - Mrs. Estanne Abraham-Fawer has dedicated two
weeks of learning 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.
(a) We just established the Reisha of the Mishnah (which exempts the Shomer
from paying once he has replaced the article) like Rebbi Yishmael, who holds
'Lo Ba'inan Da'as Ba'alim'.
Who is the author of the Seifa, which
obligates the Shomer to pay even if the barrel broke after he returned it to
(b) Then why does the Tana refer specifically to where the owner designated
a location for the barrel?
(c) Is it acceptable to establish the Reisha of a Mishnah like one Tana, and
the Seifa, like another?
(d) What did Rebbi Yochanan say about anyone who would explain our Mishnah
like one Tana?
(a) Various Amora'im do succeed in establishing the Mishnah like one Tana,
though they first argue over another issue, as we shall see.
How do they
explain why the Shomer is Patur in the Reisha, but Chayav in the Seifa?
(b) Who is now the author of both the Reisha and the Seifa, according to
(c) Rebbi Ya'akov bar Aba established the Mishnah in front of Rav when the
Shomer took the barrel with the intention of stealing it.
How did Rebbi
Nasan bar Aba establish it?
(d) Why did Rebbi Ya'akov bar Aba not want to learn like his brother? What
is the basis of their Machlokes?
(a) Rav Sheishes objects to the previous explanations on the grounds that
they do not fit the Lashon used by the Mishnah.
What exactly, is his
(b) So he explains that the Shomer simply moved the barrel from one location
to another for the birds to alight on it.
On what principle is the Chiyuv
in the Seifa based?
(c) In any event, he is Chayav in the Seifa, because he did not put it back
in its correct place, even according to Rebbi Yishmael (as we explained).
Why does Rebbi Yochanan then have a problem with establishing the Mishnah
like one Tana? What is wrong with Rev Sheishes' explanation according to
(a) What do we learn from the Pasuk in Mishpatim "u'Meis ... Shevu'as Hashem
Tihyeh Bein Sheneihem Im Lo Shalach Yado bi'Meleches Re'eihu"?
(b) Rav and Levi argue over whether Shelichus Yad requires Chesaron or not.
What are the ramifications of their Machlokes?
(c) The Beraisa exempts a shepherd who left his flock and went to town, if a
wolf then came and was 'Toref', or a lion and was 'Do'res'.
What is the
difference between 'Toref' and 'Do'res'?
(d) Why is he Patur?
(a) The Tana obligates the shepherd to pay however, if he placed his stick
or his satchel on the sheep.
Answers to questions
Why is he only Chayav as long as it is still
on the animal, but not once he has removed them?
(b) How does Rav Shmuel bar Yitzchak Amar Rav resolve the problem that
Shelichus Yad requires a Kinyan?
(c) How do we ...
(d) How do we know that the Chiyuv here is due to Shelichus Yad (which
requires a Kinyan) and not to the fact that he is a Sho'el she'Lo mi'Da'as
(which does not)?
- ... refute the proof from here that Rav is the one to hold 'Shelichus Yad Einah Tzerichah Chesaron'?
- ... prove that this alternative is in fact, the correct one?
(a) Seeing as Rav is the one who holds 'Shelichus Yad Tzerichah Chesaron,
Levi must hold ' ... Einah Tzerichah Chesaron'. Levi's reason is based on a
statement of Rebbi Yochanan Mishum Rebbi Yossi ben Nahara'i.
is written first in the Torah, that of a Shomer Chinam, or that of a Shomer
(b) What does "ve'Nikrav Ba'al ha'Bayis el ha'Elokim" (written in the first
Parshah with regard to an O'nes that occurred) denote? Why, following an
O'nes, does the Shomer Chinam need to approach the judge?
(c) What does Rebbi Yossi ben Nahara'i mean when he says that the Shelichus
Yad mentioned by a Shomer Sachar is different than the Shelichus Yad
mentioned by a Shomer Chinam?
(d) What does Rebbi Yochanan (who first quoted him) hold personally?
(a) Rebbi Yochanan holds like his Talmid, Rebbi Elazar.
What does Rebbi
Elazar say with regard to the Shelichus Yad of a Shomer Chinam and of a
(b) On what grounds do they disagree with Rebbi Yossi ben Nahara'i? What is
the 'Pircha' on the 'Kal va'Chomer'?
(c) And what does Rebbi Yossi ben Nahara'i say to that?
(a) Rava disagrees with both of the previous interpretations. He maintains
that the Shelichus Yad of both a Shomer Chinam and a Shomer Sachar do not
need to be written.
Answers to questions
How does he learn them both from a Sho'el?
(b) One of the Pesukim, he therefore concludes, comes to teach us 'Shelichus
Yad Einah Tzerichah Chesaron' (like Levi).
What does he learn from the
other one? What leniency might we otherwise have learned from a Sho'el?
(c) Rav and Rebbi Yochanan agree with Rava's latter D'rashah.
however, as they hold 'Shelichus Yad Tzerichah Chesaron', what do they learn
from the other 'Shelichus Yad'?