Mishnah 1
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1)

(a)What does the Mishnah say about someone who feeds his children food that he stole and which they ate?

(b)What if they ate it after his death?

(c)What if the food is still in existence?

(d)Then why in the earlier cases do we not obligate them to pay the person whose food they ate?

(e)How will the Din differ in the event that the father left them Karka (e.g. crops that are still growing), which they already ate?

1)

(a)The Mishnah rules that if someone who feeds his children food that he stole and which they ate - they are Patur from paying ...

(b)... even if they ate it after his death.

(c)However, if the food is still in existence - they are obligated to return it (See Tos. Yom-Tov) ...

(d)... and the reason that we do not obligate them to pay the person whose food they ate in the earlier cases is - because a. They did not steal anything, and b. because 'the Metalt'lin of Yesomim are not Meshu'bad to their father's creditor' (See also opening Tos. Yom-Tov).

(e)In the event that the father left them Karka (crops that are still growing), which they already ate - they are Chayav to pay.

2)

(a)Nowadays the Din is different. Why is that?

(b)What will the Din therefore be if their father left them Metalt'lin, assuming ...

1. ... the owner has already been Meya'esh (given up hope of retrieving his articles)?

2. ... has not been Meya'esh?

(c)How will the Din differ in a case where the father did not leave his children anything?

2)

(a)Nowadays the Din is different - because the Chachamim instituted that 'the Metalt'lin of the Yesomim are Meshu'bad to the father's creditors'.

(b)Consequently, even if their father left them Metalt'lin, irrespective of whether ...

1. ... the owner has already been Meya'esh (given up hope of retrieving his articles) or ...

2. ... not - they are Chayav to pay.

(c)In a case where the father did not leave his children anything however - they will be Patur, provided they ate the food after Yi'ush (See Tos. Yom-Tov).

3)

(a)What is 'Teivas ha'Muchsin'?

(b)What does the Tana mean when he says 'Ein Portin mi'Teivas ha'Muchsin'?

(c)He says the same about Kis shel Gaba'im. What is 'Kis shel Gaba'im'?

(d)What does he say about accepting Tzedakah from them?

(e)What is the reason for these rulings?

3)

(a)'Teivas ha'Muchsin' is - the box into which the king's tax-collectors place the money that they have collected.

(b)When the Tana says 'Ein Portin mi'Teivas ha'Muchsin', he means that - one is not permitted to change a large coin against P'rutos in that box (See Tos. Yom-Tov DH 'Ein Portin' 2), and ...

(c)... he says the same about 'Kis shel Gaba'im' - the purse into which the king's men place the head and land taxes that they have collected.

(d)By the same token - the Tana also forbids accepting Tzedakah from them ...

(e)... because, the king's tax-collectors tended to claim taxes way above the dues that the people were obligated to pay (in which case, the money in the box is stolen).

4)

(a)On what condition is the above permitted if the tax-collector is a Yisrael?

(b)Why is that?

(c)On what principle is this based?

(d)What if the king is a Nochri?

4)

(a)Provided the tax-collector is a Yisrael (See Tiferes Yisrael & Tos. Yom-Tov DH 'ha'Muchsin'), the above is permitted - as long as he collects a fixed amount ...

(b)... since one is obligated to pay one's taxes (so there is no element of theft involved) ...

(c)... based on the principle 'Diyna de'Malchusa Diyna'.

(d)And this ruling applies even if the king is a Nochri (who has a right to initiate taxes).

5)

(a)How about changing coins from the Mocheis or the Gabai's personal money (that he has in his house or with him in the street')?

(b)Is one permitted to accept change from the Mocheis?

(c)Why is that?

5)

(a)Changing coins from the Mocheis or the Gabai's personal money (that he has in his house or with him in the street') - is permitted.

(b)One is permitted to accept change from the Mocheis ...

(c)... because one is saving one's money from falling into somebody else's hands.

Mishnah 2
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6)

(a)What will be the Din in a case where someone whose donkey or garment the Mocheis takes and who gives him another one in exchange?

(b)Why is that?

(c)What constitutes Yi'ush?

(d)Why is Yi'ush effective here?

(e)Then why do we not say the same in the previous Mishnah (regarding the sons of the Ganav)?

6)

(a)In a case where someone whose donkey or garment the Mocheis takes and gives him another one in exchange - he is permitted to retain it ...

(b)... because we assume that the original owner was Meya'esh.

(c)'Yi'ush' is where the owner declares 'Vay li le'Chesaron Kis! (Woe to me for my financial loss)'.

(d)Yi'ush is effective here even though it was not effective in the previous Mishnah (regarding the sons of the Ganav) - because it falls under the category of 'Yi'ush and Shinuy R'shus' (a change of domain) (See Tos. Yom-Tov).

(e)This is not the case in the previous Mishnah (regarding the sons of the Ganav) - since an heir is not considered Shinuy R'shus.

7)

(a)What does the Mishnah say about someone who saves an article from a river, a troop of soldiers or a band of robbers?

(b)What if the finder did not hear the owner being Meya'esh?

(c)How do we reconcile this ruling with the Reisha, (where the robber took his donkey or his garment, which implies that the owner is Meya'esh S'tam)?

(d)What is the reason for this distinction?

(e)What does the Tana add with regard to a swarm of bees that fly away from their owner's domain?

7)

(a)The Mishnah rules that if someone saves an article from a river, a troop of soldiers or a band of robbers - he is permitted to retain it, provided the owner was Meya'esh.

(b)If the finder did not hear the owner being Meya'esh - he must return it.

(c)To reconcile this ruling with the Reisha, (where the robber took his donkey or his garment, which implies that the owner is Meya'esh S'tam) - we establish the Reisha by a Beis-Din Yisrael, and the Seifa by a Beis-Din Nochri ...

(d)... which in turn, is based on the fact that - whereas the former demands witnesses and proofs before extracting property (making it more difficult for the owner to retrieve his stolen article), the latter rules by force and assessment (and the Nigzal is more certain of retrieving his stolen article).

(e)The Tana adds that likewise, if a swarm of bees fly away from their owner's domain - whoever catches them may keep them, provided they first heard the owner being Meya'esh (See Tos. Yom-Tov).

8)

(a)What does Rebbi Yochanan ben Berokah say about ...

1. ... a woman or a Katan testifying about a swarm of bees that flew into Shimon's field?

2. ... a swarm of Reuven's bees that has settled on a branch of Shimon's tree?

(b)He forbids him however, to cut off the branch (even if he intends to pay for it). Why (besides the time factor) would Reuven be reluctant to pick off the bees one at a time?

(c)What does Rebbi Yishmael the son of Rebbi Yochanan ben Berokah say?

(d)Like whom is the Halachah?

8)

(a)Rebbi Yochanan ben Berokah rules that ...

1. ... if a woman or a Katan testifies that a swarm of bees that flew into Shimon's field - came from Reuven's field, she/he is believed (See Tos. Yom-Tov).

2. ... if a swarm of Reuven's bees has settled on a branch of Shimon's tree - he is permitted to enter the field to retrieve them.

(b)He forbids him however, to cut off the branch (even if he intends to pay for it). Besides the time factor, Reuven would be reluctant to pick off the bees one at a time - for fear that in the meantime, the remaining bees will fly away.

(c)Rebbi Yishmael the son of Rebbi Yochanan ben Berokah therefore - permits him to cut off the branch with the bees on it and to pay for it (See Tos. Yom-Tov).

(d)The Halachah is - like the Tana Kama (Rebbi Yochanan ben Berokah).

Mishnah 3
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9)

(a)The Mishnah discusses Reuven who spots his Keilim or Sefarim in Shimon's domain. What does Shimon claim?

(b)Bearing in mind the principle that 'What a person has in his domain belongs to him, why would we believe that the articles may be stolen?

(c)What will be the Din if Reuven is known to sell his Keilim (See Tiferes Yisrael)?

(d)Assuming that he does not, what does the Mishnah rule? On what condition is Shimon obligated to pay their value (See Tos. Yom-Tov)?

9)

(a)The Mishnah discusses Reuven who spots his Keilim or Sefarim in Shimon's domain. Shimon claims - that he bought them.

(b)Despite the principle that 'What a person has in his domain belongs to him, we believe that the articles may be stolen - because it speaks where there is a rumor in town that Reuven suffered a Geneivah.

(c)If Reuven is known to sell his Keilim (See Tiferes Yisrael & Tos. Yom-Tov) - his claim is not accepted.

(d)Assuming that he does not, the Mishnah rules that Shimon is obligated to pay their value (See Tos. Yom-Tov) - provided Reuven first swears how much he paid for them.

10)

(a)In the event that Reuven declines to swear, what do we assume?

(b)On what condition will he lose his case even if he does swear?

(c)Why is that?

10)

(a)In the event that Reuven declines to swear, we assume that - Shimon purchased them from a second person who bought them from Reuven.

(b)Even if he does swear however, he will lose his case - if he was first Meya'esh ...

(c)... because Shimon has then acquired the articles with Yi'ush and Shinuy R'shus.

Mishnah 4
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11)

(a)The Mishnah discusses a case where Reuven, who is carrying a barrel of wine, collides with Shimon who is carrying a barrel of honey, and the latter splits. What happened next?

(b)What does the Tana rule if Reuven now claims from Shimon the value of his wine?

(c)What is he entitled to claim?

(d)On what condition will his claim be upheld?

11)

(a)The Mishnah discusses a case where Reuven, who is carrying a barrel of wine, collides with Shimon who is carrying a barrel of honey, and the latter splits - and Reuven empties out his wine and saves Shimon's honey in his barrel.

(b)If Reuven now claims from Shimon the value of his wine, the Tana rules that - his claim is not upheld ...

(c)... and that all he is entitled to claim - is labor costs (incorporating the cost of his barrel [See Tos. Yom-Tov DH 1 & 2]]).

(d)His claim will be upheld however - if he stipulated in advance to Shimon that he was only saving his wine on condition that Shimon pays him for his wine (See Tos. Yom-Tov).

12)

(a)What will be the Din in a similar case where the river has swept away the donkeys of both Reuven and Shimon, and where the former leaves his donkey, which is worth only one Manah and saves Shimon's, which is worth two?

(b)On what condition will his claim be upheld there?

(c)Why does the Tana sees fit to present both cases? What would we have thought in ...

1. ... the latter case had the Tana learned only the former?

2. ... the former case had the Tana learned only the latter?

12)

(a)In a similar case, where the river has swept away the donkeys of both Reuven and Shimon, and where the former leaves his donkey, which is worth only one Manah, and saves Shimon's, which is worth two - the Mishnah the same ruling applies as in the previous case ...

(b)... provided he stipulated to Shimon (See Tos. Yom-Tov) in advance.

(c)The Tana sees fit to present both cases, because we would otherwise have thought that ...

1. ... had the Tana learned only the former case - in the latter case, where he did not actually destroy his own donkey (like he did the wine in the former), he would not be able to claim payment for his donkey even if he stipulated.

2. ... had the Tana learned only the latter case - that in the former case, he would be able to claim payment for his wine even without stipulating, since he poured it out with his own hands.

Mishnah 5
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13)

(a)The Mishnah now discusses a case where Masikin took the field that Reuven stole from Shimon. What are 'Masikin'?

(b)Why are they called by that name?

(c)On what condition ...

1. ... can Reuven say to Shimon 'Harei she'Lecha Lefanecha!'?

2. ... is he obligated to pay him another field?

13)

(a)The Mishnah now discusses a case where Masikin - 'Ganavim who take by force' took the field that Reuven stole from Shimon.

(b)They are called by that name - because 'Saka'ah' is the Aramaic word for locusts, which steal one's crops (See also Tos. Yom-Tov).

(c)Reuven ...

1. ... can say to Shimon 'Harei she'Lecha Lefanecha!' - provided the Masikin are a local menace ...

2. ... but if they stole the field from him for personal reasons, he is obligated to pay him another field (See Tiferes Yisrael & Tos. Yom-Tov).

Mishnah 6
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14)

(a)What does the Tana say about Reuven who stole from Shimon in an inhabited area?

(b)What if he borrowed from him in an inhabited area?

(c)Which third case does the Mishnah include in its list?

(d)On what condition is he permitted to pay him back even in the desert?

(e)Seeing as this latter ruling is obvious, how must the Mishnah be speaking?

14)

(a)The Tana rules that if Reuven stole from Shimon in an inhabited area - he is not permitted to return the stolen article in a desert (See Tos. Yom-Tov) ...

(b)... and the same ruling applies if he borrowed from him ...

(c)... or received from him something to look after, in an inhabited area

(d)He is permitted to pay him back even in the desert however - if he stipulated that he would.

(e)Seeing as this latter ruling is obvious, the Mishnah must be speaking in a case - where Shimon specifically handed Reuven the article because he was about to leave for the desert, and where Reuven remarked that he intended to go to the desert too (without specifically stipulating that he would return the article there).

Mishnah 7
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15)

(a)What does the Mishnah say about a case where Reuven confesses to Shimon that he stole, borrowed money or received a Pikadon from him, but he cannot recall whether he returned the money/object or not?

(b)What does Shimon claim?

(c)What will be the Din in the same case but where Shimon is not sure whether he has a claim against Reuven or not?

15)

(a)In a case where Reuven confesses to Shimon that he stole, borrowed money or received a Pikadon from him, but he cannot recall whether he returned the money/object or not - the Mishnah obligates him to pay.

(b)Shimon claims - that Reuven is indeed Chayav.

(c)In the same case but where Shimon is not sure whether he has a claim against Reuven or not - Reuven is Patur bi'Dinei Adam but Chayav be'Dinei Shamayim (morally obligated to pay [See Tos. Yom-Tov]).

16)

(a)What if Reuven is not even sure whether he stole, borrowed or received a Pikadon from Shimon or not?

(b)Why is that?

(c)What is a 'Shevu'as Heses'?

16)

(a)If Reuven is not even sure whether he stole, borrowed or received a Pikadon from Shimon or not - he is Patur from paying (See Tos. Yom-Tov), provided he first swears that he really doesn't know ...

(b)... since, even if he had denied the claim, he would have been obligated to swear a Shevu'as Hesses ...

(c)... a Shevu'ah de'Rabbanan that the Chachamim imposed on every Kofer ba'Kol (who totally denies the claim).

Mishnah 8
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17)

(a)What will be the Din if Reuven steals a lamb from Shimon's flock and returns it without informing him that he has done so, and the lamb subsequently dies or is stolen?

(b)Why is that?

17)

(a)If Reuven steals a lamb from Shimon's flock and returns it without informing him that he has done so, and the lamb subsequently dies or is stolen - he is Chayav to pay ...

(b)... because the moment he steals it, it is in his domain, and since he failed to inform Shimon when he returned it, he has not fulfilled the Mitzvah of Hashavah (See Tos. Yom-Tov).

18)

(a)What does the Mishnah then say about a case where Shimon, unaware of both the theft and the animal's return, counts the sheep and finds the number complete?

(b)What the Tana really means to say is that, even if he counted the sheep and found the number complete, Reuven is Chayav. Then when is he Patur?

(c)Why is that? Why does the fact that Shimon is aware of the theft make a difference?

18)

(a)In a case where Shimon, unaware of both the theft and the animal's return, counts the sheep and finds the number complete - the Mishnah then exempts Reuven from liability.

(b)What the Tana really means to say is that, even if he counted the sheep and found the number complete, Reuven is Chayav, and he is only Patur - if Shimon is aware of the theft ...

(c)... because once he knows that a lamb left the flock (and will be prone to leaving it again), he will need to keep an eye on that lamb, and if he doesn't, he has only himself to blame.

Mishnah 9
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19)

(a)Why does the Tana forbid the purchase of wool and milk from shepherds?

(b)What similar ruling does he issue with regard to Shomrei Peiros (See Tos. Yom-Tov)?

19)

(a)The Tana forbids the purchase of wool and milk from shepherds - because we suspect that they stole them from the owner's sheep.

(b)Similarly, he rules - that one is forbidden to buy wood or fruit from Shomrei Peiros (See Tos. Yom-Tov).

20)

(a)What does the Tana say about purchasing woolen garments in Yehudah?

(b)What does he likewise permit in the Galil?

(c)What is the reason for this concession?

(d)And why does he permit purchasing calves in the Sharon?

20)

(a)On the other hand - the Tana permits purchasing woolen garments from the women in Yehudah ...

(b)... and linen garments from the women in the Galil ...

(c)... since this is what the women tend to produce there, and they sell them with their husbands' consent.

(d)And he permit purchasing calves in the Sharon - because that is where calves are reared and it is therefore the owners who are selling them (See Tos. Yom-Tov).

21)

(a)On what condition does the Mishnah forbid purchasing all of the above?

(b)And what does the Tana finally say about purchasing eggs and chickens?

21)

(a)The Mishnah forbids purchasing all of the above - if the seller requests that the purchaser keep the sale quiet.

(b)The Tana finally permits purchasing eggs and chickens - everywhere (See Tos. Yom-Tov).

Mishnah 10
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22)

(a)The Mishnah discusses Mukin that a Koveis and a Soreik produce. What is a 'Koveis' and a 'Soreik'?

(b)What are Mukin?

(c)The Mukin that a laundry-man produces belong to him. What about the Mukin that a wool-comber produces?

(d)Why the difference?

(e)What if his client is fussy about the former?

22)

(a)The Mishnah discusses Mukin that a 'Koveis' - (a laundry-man) and a 'Soreik' - (a wool comber [See also Tos. Yom-Tov]) produce.

(b)'Mukin' are tufts of wool that fall off the garment whilst it is being treated.

(c)The Mukin that a laundry-man produces belong to him, whereas the Mukin that a wool-comber produces - belong to the client ...

(d)... since whereas the former are very small (in which case the client is not particular if he takes them, the latter are large, and he is therefore fussy.

(e)The laundry-man is permitted to keep it - even if his client is fussy about the former (due to the principle 'Batlah Da'ato Eitzel Kol Adam').

23)

(a)Up to how many excess threads is a laundry-man permitted to keep when straightening the end of his client's garment?

(b)What if they are black threads at the end of a white garment?

(c)Why is that?

23)

(a)A laundry-man who is straightening the end of his client's garment may keep - up to three excess threads there. If there are more than that, they belong to the client (See Tos. Yom-Tov).

(b)If they are black threads at the end of a white garment, he is permitted to keep as many threads as there are ...

(c)... because excess black threads on white ones are particularly ugly.

24)

(a)The excess thread that the tailor leaves attached to the garment belongs to the owner. What is the size of the thread?

(b)The Tana issues the same ruling to 'Matlis she'Hi Shalosh al Shalosh'. What does this mean?

(c)The shavings that come from a plane belong to the carpenter. What about those that come from an axe?

(d)Why the difference?

(e)On what condition does even the sawdust that comes from an awl belong to the client?

24)

(a)The excess thread that the tailor leaves attached to the garment belongs to the owner. The size of the thread is - a needle-length (See Tos. Yom-Tov).

(b)The Tana issues the same ruling to 'Matlis she'Hi Shalosh al Shalosh' - a small excess piece of cloth the size of a three square finger-breadths that he cuts of the finished garment.

(c)The shavings that come from a plane belong to the carpenter, whereas those that come from an axe - belong to the owner of the wood ...

(d)... because whereas the former are very thin and the owner is not fussy, those that come from the latter are thick, and he therefore is.

(e)Even the sawdust that comes from an awl belongs to the client however - if the carpenter is working by the client in the capacity of a day-worker (See Tos. Yom-Yov).

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