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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Bava Metzia 115
BAVA METZIA 112-115 - these Dafim have been dedicated anonymously l'Iluy
Nishmas Tzirel Nechamah bas Tuvya Yehudah.
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1) WHEN ONE MAY ENTER THE BORROWER'S HOUSE TO TAKE A SECURITY
(a) (R. Yochanan): If Reuven returned Shimon's security and
Shimon died, Reuven may take it from the orphans.
(b) Question (Beraisa - R. Meir): Since we take a security,
why do we return it?
1. Interjection: That is no question - the Torah
commanded to return it!
2. Correction: Rather, since we must constantly return
a security, why does one keep taking it?
3. Answer: In order that the debt will not be cancelled
in Shemitah, and so the lender can collect the
security from the orphans (normally, he may only
take land they inherited).
4. Summation of question: This shows that had he not
taken it back, he would not collect it from the
orphans!
(c) Answer (Rav Ada bar Masnah): The Beraisa had to be
corrected - one may correct it as follows:
1. Question: Since we must return a security, why take
it at all?
2. Answer: In order that the debt will not be cancelled
in Shemitah, and so the lender can collect the
security from the orphans.
i. Once the lender takes it, it is his; even when
he returns it, it is like a deposit by the
borrower.
(d) (Beraisa): "Lo Savo El Beiso La'avot Avoto" - you may not
enter the borrower's house, but you may enter the house
of the Arev;
1. "Lekach Bigdo Ki Arev Zar" (the lender may take the
borrower's garment); also, "Im Aravta
l'Re'echa...(you will have to pay)";
i. If you were not an Arev, but "Nilkadta b'Imrei
Ficha (you afflicted someone with
words)...u'Rhav Re'echa (have friends ask him
to forgive you)."
(e) Alternatively: you may not enter a borrower's house, but
you may enter the house of one who owes for your labor,
for rental of your animal or (inn) room.
1. Suggestion: Perhaps you may enter even if this was
converted to a loan (e.g. a payment date was set).
2. Rejection "Mashas Me'umah (any debt)".
2) THE REASON NOT TO TAKE A SECURITY FROM A WIDOW
(a) (Mishnah): One may not take a security from a widow,
whether she is rich or poor - "V'Lo Sachavol Beged
Almanah".
(b) (Gemara - Beraisa - R. Yehudah): One may not take a
security from a widow, whether she is rich or poor;
(c) R. Shimon says, one may take a security from a rich
widow;
1. One may not take a security from a poor widow, for
then he must return the security to her every day,
and she will get a bad reputation (people will not
know he is returning a security).
(d) Inference: This shows that R. Yehudah does not interpret
the Mitzvos according to the (apparent) reason, and R.
Shimon does!
(e) Contradiction (regarding both - Beraisa - R. Yehudah):
"V'Lo Yarbeh Lo Nashim" - a king may marry many wives, on
condition that they do not veer his heart (from fearing
Hash-m);
(f) R. Shimon says, he may not marry even one that will veer
his heart;
1. The Torah forbids marrying many wives, even if they
are righteous as Avigayil.
(g) Answer - part 1: Really, R. Yehudah does not (normally)
interpret the Mitzvos according to the (apparent) reason;
1. Here is an exception, for the Torah explicitly gives
the reason - "V'Lo Yasur" (the prohibition is only
if they will veer his heart).
(h) Answer - part 2: R. Shimon interprets the Mitzvos
according to the reason, the Torah need not give the
reason;
1. Here, the Torah explained "V'Lo Yasur" to forbid
even one wife that would veer his heart.
3) TAKING A MILLSTONE AS SECURITY
(a) (Mishnah): If one takes a millstone as security he
transgresses a Lav; he is liable for Rechev (the pounder)
and the Rechayim (the stone it pounds on) - "Lo Yachavol
Rechayim va'Rachev".
1. The Lav applies to every vessel used to process food
- "Ki Nefesh Hu Chovel".
(b) (Gemara - Rav Huna): If one takes a Rechayim as security
he is liable twice (receives two sets of lashes), for "Lo
Yachavol Rechayim" and for "Ki Nefesh Hu Chovel".
1. If he takes a Rechayim and a Rechev he is liable
three times, for "Rechayim", for "Rechev", and for
"Ki Nefesh Hu Chovel".
(c) (Rav Yehudah): If one takes a Rechayim or Rechev he is
liable only once;
1. If he takes both he is liable twice;
2. He is not liable for "Ki Nefesh Hu Chovel", that
only applies to other vessels used with food.
115b---------------------------------------115b
4) GENERAL LAVIM
(a) Suggestion: Abaye and Rava argue as Rav Huna and Rav
Yehudah argue.
1. (Rava): If one eats the Pesach sacrifice raw, he is
lashed twice, for "(Do not eat it) Na (raw)" and for
"Ki Im Tzli Esh (only roasted)";
i. If he eats it cooked (in water), he is lashed
twice, for "Mevushal" and for "Ki Im Tzli Esh":
ii. If he eats (an olive's worth) raw and (an
olive's worth) cooked, he is lashed three
times, for "Na", "Mevushal" and "Ki Im Tzli
Esh":
iii. (Abaye): One is not lashed for a Lav
shebi'Klalos (such as "Ki Im Tzli Esh", which
forbids things explicitly forbidden by other
Lavim).
2. The suggestion is that Abaye holds like Rav Yehudah,
and Rava holds like Rav Huna.
(b) Rejection #1: Even Rav Yehudah could agree to Rava - Rav
Yehudah only exempted from "Ki Nefesh Hu Chovel" because
it does not connote Rechayim and Rechev, therefore it
only applies to other vessels;
1. But once the Torah forbade eating the Pesach raw or
cooked, we know it must be roasted; "Ki Im Tzli Esh"
must be an additional Lav!
(c) Rejection #2: Even Rav Huna could agree to Abaye - Rav
Huna only obligated for "Ki Nefesh Hu Chovel" because it
is extra, to forbid other vessels, therefore it also
applies to Rechayim and Rechev;
1. But "Ki Im Tzli Esh" is needed to teach the
following!
2. (Beraisa): The prohibition of eating the Pesach raw
applies at the time there is a Mitzvah to eat it
roasted.
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