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Bava Metzia 82
BAVA METZIA 81-85 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
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1) [line 1] KAN SHE'HILVAHU PEIROS - this refers to a case where a person
lends fruit [and takes collateral,] he (the creditor) is a Shomer Sachar
[for the item of collateral, since he benefits by not having to guard his
own fruit from rotting; he will receive new fruit when the Loveh repays the
loan]
2a) [line 11] MECHAVARTA - it is clearly correct
3) [line 15] KATA D'MAGLA - the handle of a sickle or saw
4) [line 20] BA'AL CHOV - a creditor
5) [line 21] "...U'LECHA TIHEYEH TZEDAKAH..." - "[You shall deliver him the
pledge back when the sun goes down, that he may sleep in his own garment,
and bless you;] and it shall be righteousness to you [before HaSh-m.]"
(Devarim 24:13)
6) [line 28] SHOMER AVEIDAH
A Shomer Aveidah is a person who watches a lost object until the owner comes
to claim it. Rabah rules that he has the obligations and liabilities of a
Shomer Chinam. Rav Yosef rules that he has the obligations and the
liabilities of a Shomer Sachar.
7) [line 30] RAV YOSEF AMAR, K'SHOMER SACHAR (OSEK B'MITZVAH: PERUTAH D'RAV
YOSEF)
The Gemara (Sukah 25a) brings the verse "b'Shivtecha b'Veisecha" (Devarim
6:7) to prove that one is not required to do a Mitzvah while he is occupied
with another Mitzvah. As a result, Rav Yosef rules that when one is busy
guarding an Aveidah (a lost item that one found), should a pauper come to
his door he will not be obligated to give him Tzedakah. This penny saved is
a penny earned and therefore it is enough to consider the Shomer Aveidah a
Shomer Sachar (a paid watchman) for he is being "paid" the Perutah that he
need not give to the pauper. Even if the situation does not arise, he is
considered a paid watchman, since the "job" carries with it the possibility
of a financial gain.
82b---------------------------------------82b
8) [line 1] MALVEH TZARICH LA'MASHKON - where the creditor needs the [use of
the] Mashkon [and is willing to deduct rental fees from the amount of the
loan]
9a) [line 8] MARA - (O.F. fossoir) a hoe
b) [line 8] PASAL - (O.F. dolodoire) adz, a small axe; hatchet
b) [line 8] KARDOM - (O.F. besagud) a carpenter's tool that cuts at both
ends; according to the Gemara (Beitzah 31b) this may refer to a
double-headed tool that has an axe-head on one side and a hatchet-head on
the other
10a) [line 8] NAFISH AGRAIHU - they bring in substantial rental fees
b) [line 9] ZUTAR PECHASAIHU - they only depreciate to a small extent
11a) [line 18] NISKAL LAV POSHE'A HU - one who trips and falls (and thereby
causes damage to someone else) is not considered negligent and is not
obligated to pay for the damages. This is the subject of a Machlokes Tana'im
(Bava Kama 29a, 82b). In our Mishnah, the one who breaks a barrel that he
transfers from place to place is considered at least a "Niskal," and since
he exempts himself with an oath, it seems that Rebbi Meir rules that "Niskal
Lav Peshe'a Hu"
12) [line 20] PATUR MI'DINEI ADAM V'CHAYAV B'DINEI SHAMAYIM - he is exempt
from laws of man, but he is liable by the laws of Heaven
13) [line 21] TAVRAH! MI SHE'SHANAH ZU LO SHANAH ZU - (a) There is a
contradiction (between the two Mishnayos)! The Tana who taught one did not
teach the other (RASHI); (b) Tavra is a word used as an oath (TOSFOS to
Kesuvos 75b DH Tavra, citing RABEINU CHANANEL)
14) [last line] MEKOM MADRON - a slope
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