Mishnah 1
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1)

(a)What does the Mishnah say about someone who borrows a cow and the owner together with it?

(b)What does 'borrows the owner with it' mean? What if the owner of the cow is doing a job other than that what the cow is doing?

(c)Will the same apply if ...

1. ... the borrower hires the owner?

2. ... it is a hirer who borrows or hires the owner together with the cow?

1)

(a)If someone who borrows a cow and the owner together with it, the Mishnah rules - that the borrower is Patur from Onsin.

(b)'Borrows the owner together with it' means - that the owner works for the borrower simultaneously (See Tos. Yom-Tov) in whichever way, irrespective of what the cow has been hired for.

(c)The same will apply if ...

1. ... the borrower hires the owner, or ...

2. ... it is a hirer who borrows or hires the owner together with the cow (in which case he is Patur also from Geneivah va'Aveidah).

2)

(a)We learn this from the Pasuk "Im Be'alav Imo, Lo Yeshalem". Based on this Pasuk, will the Sho'el or Socher be Chayav if the owner began working for him when he borrowed the cow?

(b)From which Pasuk do we learn that if he 'borrowed the owner after the cow, that he is Chayav?

(c)What if the owner had already begun working for him when the Oneis happened to the cow?

(d)So what is the criterion that makes him Patur?

2)

(a)We learn this from the Pasuk "Im Be'alav Imo, Lo Yeshalem". Based on this Pasuk, the Sho'el or Socher - will be Chayav if the owner began working for him when he borrowed the cow.

(b)On the other hand, we learn that if he 'borrowed the owner after the cow, that he is Chayav - from the Pasuk there "Be'alav Ein Imo, Shalem Yeshalem" (See Tos. Yom-Tov).

(c)If the owner had already begun working for him when the Oneis happened to the cow - he is Chayav.

(d)The criterion that makes him Patur is - that he must be working for him when he borrows the cow.

Mishnah 2
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3)

(a)Two of three cases now discussed by the Mishnah are where Reuven borrows a cow for half a day and rents it for the other half and where he borrows it for one day and rents it for the next. What is the third case?

(b)The Tana discusses a case where one cow dies (note, that we are dealing with the third case, though exactly the same rulings pertain to the first two). What difference will it make whether it is the borrowed cow that died or the rented one?

3)

(a)Two of three cases now discussed by the Mishnah are where Reuven borrows a cow for half a day and rents it for the other half and where he borrows it for one day and rents it for the next (See Tos. Yom-Tov). The third case is - where he rented one cow and borrowed another.

(b)The Tana discusses a case where one of the cows dies (note, that we are dealing with the third case, though exactly the same rulings will pertain to the first two). If it is the rented cow, he will be Patur, whereas if it is the borrowed one, he will be Chayav.

4)

(a)What does the Mishnah say if Shimon claims that the borrowed cow died and Reuven doesn't know?

(b)The Din in that case ought to follow the same pattern as where Shimon claims a Manah from Reuven and Reuven cannot remember. What is the Din in that case?

(c)To reconcile the Mishnah with the actual Halachah, the Gemara therefore establishes the case where Shimon claims that he gave Reuven two cows, one day on loan and one day on rent, and that they both died on the day that were on loan. What did Reuven reply?

(d)How does this explain the Mishnah's ruling? On which principle is it based?

4)

(a)The Mishnah rules that if Shimon claims that the borrowed cow died and Reuven doesn't know (See Tos. Yom-Tov) - the latter is Chayav.

(b)The Din in that case ought to follow the same pattern as where Shimon claims a Manah from Reuven and Reuven cannot remember whether he borrowed it (See Tos. Yom-Tov) - where the latter swears (a Shevu'as Heses [See Tos. Yom-Tov]) that he doesn't know and is Patur from paying.

(c)To reconcile the Mishnah with the actual Halachah, the Gemara therefore establishes the case where Shimon claims that he gave Reuven two cows, one day on loan and one day on rent, and that they both died on the day that were on loan. Reuven then admitted that one of them did, but claimed that he did not know on which the other one died ...

(d)... rendering him Chayav to swear - and to the principle - that if someone is Chayav to swear (a Shevu'ah d'Oraysa) and is unable to, he is obligated to pay.

5)

(a)What will be the Din in the reverse case, where Reuven claims that the rented cow died and Shimon says that he doesn't know?

(b)What will be the Din if Shimon claims that it was the borrowed cow that died and Reuven claims that it was the rented one?

(c)On which principle is it based?

5)

(a)In the reverse case, where Reuven claims that the rented cow died and Shimon says that he doesn't know - the former is Patur (See Tos. Yom-Tov) ...

(b)... as he is if Shimon claims that it was the borrowed cow that died and he claims that it was the rented one ...

(c)... based on the principle - that 'If Reuven claims wheat from Shimon, and Shimon admits to barley, he is Patur from paying (even barley)'.

6)

(a)To explain why, in the pervious case, the Tana obligates Reuven to swear, we establish the case by a Gilgul Shevu'ah. What is a 'Gilgul Shevu'ah'?

(b)How does that apply here?

6)

(a)To explain why, in the previous case, the Tana obligates Reuven to swear, we establish the case by a 'Gilgul Shevu'ah' - where the defendant is Chayav another Shevu'ah, in which case the claimant can make him swear on the current claim too (See Tos. Yom-Tov).

(b)The case here is - that Shimon demands a Shevu'as ha'Shomrim (that the cow died naturally) and via a Gilgul Shevu'ah, that that it was the hired one that died, in which case, Reuven is obligated to swear that the rented cow died, as well.

7)

(a)If both Reuven and Shimon don't know which cow died, the Tana rules that they divide it (Reuven pays half). Who is the author of the Mishnah?

(b)What do the Chachamim say?

(c)Why is that? On which principle is it based?

(d)Reuven is nevertheless Chayav to swear? What does he swear?

7)

(a)If both Reuven and Shimon don't know which cow died, the Tana rules that they divide it (Reuven pays half). The author of the Mishnah is - Sumchus (See Tos. Yom-Tov).

(b)According to the Chachamim - Reuven is Patur ...

(c)... based on the principle 'ha'Motzi me'Chavero, alav ha'Re'ayah' (Without a proof, one cannot extract anything from the person who has it).

(d)Reuven is nevertheless Chayav to swear - that he doesn't know.

Mishnah 3
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8)

(a)What does the Mishnah say about a case where the cow that the lender sends the borrower dies on the way, assuming he sends it with ...

1. ... his son, daughter or Eved?

2. ... the son, daughter or Eved of the borrower?

(b)Some commentaries explain the latter case where he did not appoint them as Sheluchim. Why is that?

(c)Then what does 'Shelucho' mean

8)

(a)The Mishnah rules in a case where the cow that the lender sends the borrower dies on the way, assuming he sends it with ...

1. ... his son, daughter or Eved or with ...

2. ... the son, daughter or Eved of the borrower - that the borrower is Patur.

(b)Some commentaries explain the latter case even where he did not appoint them as Sheluchim - because if he did, he would be Chayav.

(c)'Shelucho' then - refers to one of his workers (whom he did actually appoint as a Shali'ach).

9)

(a)How do others establish the case?

(b)How do we know that he did?

9)

(a)Others establish the case - where he actually appointed them as Sheluchim.

(b)We know that he did - because he did so in front of witnesses (See Tos. Yom-Tov).

10)

(a)If the borrower specifically asks the owner to send the cow with any of the six above-mentioned people and the cow dies on the way, the borrower is Chayav. What is the definition of 'the owner's Eved' in this case?

(b)Why is that?

(c)On what condition is the borrower Chayav even if the lender informs him that he is sending the cow with one of the six people?

10)

(a)If the borrower specifically asks the owner to send the cow with any of the six above-mentioned people and the cow dies on the way, the borrower is Chayav. The definition of 'the owner's Eved' in this case is - an 'Eved Ivri' ...

(b)... because if it was an Eved Cana'ani, the cow would not leave the domain of the owner until it reached the hand of the borrower, in which case he would not be Chayav if it died on the way.

(c)The borrower is Chayav even if the lender informs him that he is sending the cow with one of the six people - if he responds in the affirmative ('Send it!').

11)

(a)What does the Tana mean when he concludes 've'Chein be'Sha'ah she'Machzirah'?

(b)How will the Din differ if he returns the cow after the termination of the borrowing period?

(c)Why is that?

(d)Then why is he even a Shomer Sachar, and not simply a Shomer Chinam?

11)

(a)When the Tana concludes 've'Chein be'Sha'ah she'Machzirah', he means - that if he sends the cow back with any of the six Sheluchim and it dies, he remains Chayav. But if the owner asks him to send it or he informs the owner that he is about to send it and the owner replied in the affirmative, he is Patur.

(b)If he returns the cow after the termination of the borrowing period - he is Patur anyway ...

(c)... since he is no longer a Sho'el, only a Shomer Sachar ...

(d)... not simply a Shomer Chinam, since having received Hana'ah, he is willing to give Hana'ah ('Ho'il ve'Neheneh, Mahaneh') by accepting that much responsiblity.

Mishnah 4
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12)

(a)The Mishnah now discusses someone who exchanges a cow for a donkey and the cow gives birth. What is the case?

(b)What is the problem?

(c)What similar case does the Tana incorporate in the current ruling?

(d)Why does he not present the first case too, where he purchased the cow?

12)

(a)The Mishnah now discusses someone who exchanges a cow for a donkey and the cow gives birth. The case is - where the owner of the cow makes a Kinyan on the donkey, at which point the owner of the donkey acquires the cow automatically.

(b)The problem is - that we do not know whether the calf was born before or after, the transaction.

(c)The similar case that the Tana incorporates in the current ruling is - where Reuven who sells his Shifchah to Shimon, who gives birth, and we do not know whether the baby was born before or after, the transaction.

(d)The reason that he does not present the first case too, where he purchased the cow is - because (whereas one can purchase an Eved Cana'ani with money) one cannot purchase a cow with money.

13)

(a)What is the actual Halachah in the current cases?

(b)Then why does the Mishnah say 'Yachloku'?

13)

(a)The actual Halachah in the current cases is - 'ha'Motzi me'Chavero alav ha'Re'ayah', and the calf belongs to the owner of the cow (See Tiferes Yisrael) ...

(b)... and the Mishnah says 'Yachloku', because the author is Sumchus.

14)

(a)What does the Mishnah say in a case where the owner owns two Avadim or two fields, one big and one small, and where ...

1. ... the purchaser claims that he bought the big one, and the seller says that he doesn't know which one he sold (See Tiferes Yisrael)?

2. ... the seller claims that he sold the small one, and the seller says that he doesn't know which one he bought?

(b)And what does the Tana say if, in the same case ...

1. ... the purchaser claims the big one and the seller counters that he sold the small one?

2. ... neither remembers what they agreed upon?

(c)There are two reason why the third case must be speaking when they are arguing over the value of the Eved and the field (See Tos. Yom-Tov), and not the Eved or the field itself. One of them is because one does not swear over Avadim (or Karka). What is the other?

(d)On what principle is this based?

14)

(a)The Mishnah rules, in a case where the owner owns two Avadim or two fields, one big and one small, and where ...

1. ... the purchaser claims that he bought the big one, and the seller says that he doesn't know which one he sold (See Tiferes Yisrael & Tos. Yom-Tov)) - that he receives the big one.

2. ... the seller claims that he sold the small one, and the seller says that he doesn't know which one he bought - that he receives the small one.

(b)The Tana rules, if, in the same case ...

1. ... the purchaser claims the big one and the seller counters that he sold the small one - that the seller swears that he sold him the small one, and that is what he receives.

2. ... neither remembers what they agreed upon - that they divide it (like Sumchus).

(c)There are two reason why the third case must be speaking when they are arguing over the value of the Eved and the field (See Tos. Yom-Tov), and not the Eved or the field itself. One of them is because one does not swear over Avadim (or Karka); the other - because if they were arguing over the Eved or the field, the seller would be Patur, seeing as the seller does not concede anything of what the purchaser is claiming...

(d)... based on the principle 'Ta'ano Chitin ve'Hodeh lo Se'orin, Patur').

Mishnah 5
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15)

(a)If Reuven sells Shimon olive-trees that are still attached to the ground for firewood; he leaves them in the ground and they produce olives, to whom do the olives belong if they produce less than a Revi'is per Sa'ah?

(b)Why is that?

(c)What if they produce more than a Revi'is per Sa'ah but on account of the expenses and upkeep of the trees it amounts to less?

(d)The Mishnah is speaking to where Reuven stipulated that Shimon must cut down the trees S'tam. How will the Din differ if he specifically states that he should cut them down ...

1. ... immediately and ?

2. ... whenever it suits him?

15)

(a)If Reuven sells Shimon olive-trees that are still attached to the ground for firewood; he leaves them in the ground and they produce olives, if they produce less than a Revi'is per Sa'ah - the olives belong to Shimon ...

(b)... because we assume that Re'uven, like other people, he is not Makpid on such a small amount.

(c)If they produce more than a Revi'is per Sa'ah but on account of the expenses and upkeep of the trees it amounts to less - it is considered less than a Revi'is per Sa'ah.

(d)The Mishnah is speaking to where Reuven stipulated that Shimon must cut down the trees S'tam; but if he specifically states that he should cut them down ...

1. ... immediately - and he leaves them there until they grow a new batch of olives - they belong to Reuven (under all circumstances).

2. ... whenever it suits him - then they belong to Shimon.

16)

(a)What is the basis of the dispute between Reuven and Shimon if the olives produce more than a Revi'is per Sa'ah?

(b)What is the Halachah?

16)

(a)If the olives produce more than a Revi'i s per Sa'ah - Reuven claims that it is his land that caused the olives to grow, whereas Shimon argues that it is his trees that grew them.

(b)The Halachah is 'Yachloku' (See Tos. Yom-Tov).

17)

(a)The Mishnah now discusses a case where the river washes away Reuven's olive-trees and re-plants them in Shimon's field, and they are involved in the same dispute as in the previous case. Why are the olives that grew not Asur on account of Orlah?

(b)What does the Tana Pasken in this case?

(c)This ruling however, is confined to the first three years after the incident. What will be the Din after that?

(d)Why is that (See Tos. Yom-Tov)?

(e)Then why does Reuven share the olives during the first three years?

17)

(a)The Mishnah now discusses a case where the river washes away Reuven's olive-trees and re-plants them in Shimon's field, and they are involved in the same dispute as in the previous case. The olives that grew are not Asur on account of Orlah - because it speaks where the trees were washed away together with a section of earth in which they were originally growing (in which case they are not subject to Orlah).

(b)The Tana Pasken in this case too - 'Yachloku' (See Tos. Yom-Tov).

(c)This ruling however, is confined to the first three years after the incident; after that - all the olives belong to Shimon ...

(d)... because he can say to Shimon 'If I would have planted them, would I not have eaten them after three years?' (See Tos. Yom-Tov).

(e)And the reason that Reuven shares the olives during the first three years is - because were it not for his earth, the trees would have been forbidden because of Orlah.

Mishnah 6
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18)

(a)What does the Mishnah rule in a case where Reuven rents out a house any time during the winter?

(b)What does the Tana mean when he says 'During the summer, thirty days'?

(c)What date is he referring to?

(d)How much notice is Reuven obligated to give Shimon if he rents him a house in the city?

(e)Why is that?

18)

(a)In a case where Reuven rents out a house any time during the winter S'tam (See Tos. Yom-Tov) - the Mishnah rules that he cannot force him to leave between Succos and Pesach.

(b)When the Tana says 'During the summer, thirty days', he means - that should he rent it to him during the summer S'tam he cannot force him to leave before Pesach unless he warns him thirty days before the winter season begins ...

(c)... i.e. before the fifteenth of Ellul.

(d)If Reuven rents Shimon a house in the city, he is obligated to give him - a year's notice ...

(e)... since everybody is drawn to the city, and it is difficult to find a house to rent.

19)

(a)What is the equivalent Din in the event that Shimon wants to leave?

(b)According to the Tana Kama, the equivalent Din by a store is twelve months (See Tos. Yom-Tov). What does Raban Shimon ben Gamliel say about a baker's store?

(c)Which other store does he incorporate in this ruling?

(d)What is his reason?

(e)Like whom is the Halachah?

19)

(a)Exactly the same conditions apply to Shimon, in the event that he wants to leave.

(b)According to the Tana Kama, the equivalent Din by a store is twelve months (See Tos. Yom-Tov). Raban Shimon ben Gamliel says that - a baker's store ...

(c)... and a dyer's store - require three years' notice ...

(d)... since their proprietors tend to give longer credit terms than other storekeepers.

(e)The Halachah is - like Raban Shimon ben Gamliel (See Tos. Yom-Tov).

Mishnah 7
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20)

(a)If Reuven rents out an apartment to Shimon, he is Chayav to install the door, the bolt and the lock. What principle governs the owner's obligations?

(b)What is the Din regarding items that do not require a professional to fit?

(c)Who has the right to the dung that animals leave in the courtyard?

(d)To whose animals is the Tana referring?

(e)And who claims the spent ashes that are found in the oven?

20)

(a)If Reuven rents out an apartment to Shimon, he is Chayav to install the door, the bolt and the lock - and anything that needs a craftsman to install (See Tos. Yom-Tov).

(b)Items that an amateur is able to install - Shimon must install himself.

(c)The dung that animals leave in the courtyard - belongs to Reuven (See Tos. Yom-Tov).

(d)The Tana is referring - to stray animals that wander into the courtyard ...

(e)... whereas Shimon can claim the spent ashes that are found in the oven (See Tos. Yom-Tov).

Mishnah 8
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21)

(a)What problem arises in a case where Reuven rents out an apartment to Shimon for a year, and the year turns out to be a leap year?

(b)Is he obligated to pay for the extra month or not?

(c)What if he rents it to him for twelve months and the year turns out to be a leap year?

21)

(a)The problem in a case where Reuven rents out an apartment to Shimon for a year, and the year turns out to be a leap year is - whether Shimon needs to pay for the extra month or not.

(b)In fact - he is Patur.

(c)If he rents it to him for twelve months and the year turns out to be a leap year - he is obligated to pay for the extra month (See Tos. Yom-Tov).

22)

(a)The Mishnah cites a case that occurred in Tzipori where the owner rented out a house for twelve golden Dinrim per year, one golden Dinar Dinar per month. What problem do we have with the fact that the Tana cites this incident here?

(b)How do we answer the Kashya?

(c)What was the basis of the Safek?

22)

(a)The Mishnah cites a case that occurred in Tzipori where the owner rented out a house for twelve golden Dinrim per year, one golden Dinar Dinar per month. The problem with the fact that the Tana cites this incident here is - that it does not conform with the previous cases, where the Din is either with Reuven or with Shimon.

(b)We answer the Kashya - by adding that case to the text, before citing the incident which supports it.

(c)The basis of the Safek was - whether to go after the first Lashon (in favor of the renter) or the last Lashon (in favor of the owner).

23)

(a)The case came before Raban Shimon ben Gamliel and his Beis-Din. Which other Tana do we know sat with him?

(b)What did they rule?

(c)What is the actual Halachah?

(d)Why is that?

23)

(a)The case came before Raban Shimon ben Gamliel and his Beis-Din. The other Tana whom we know sat with him was Rebbi Yossi.

(b)They ruled - 'Yachloku' (See Tos. Yom-Tov).

(c)The actual Halachah is - that we go after the least of the two Leshonos (to the benefit of the owner) ...

(d)... because Karka is always in the domain of the owner (in which case, we will apply the principle 'ha'Motzi me'Chavero, alav ha'Re'ayah').

Mishnah 9
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24)

(a)What does the Mishnah say about a case where the house (or room) that Reuven rented Shimon collapses?

(b)He is not permitted to give him a smaller house than the one he rented. May he give him a larger one?

(c)In which case is this speaking? What did he actually stipulate when he rented him the house?

(d)What would be the Din if he said ...

1. ... 'Bayis Zeh'?

2. ... 'Bayis' Stam?

24)

(a)In a case where the house (or room) that Reuven rented Shimon collapses, the Mishnah rules - that he is obligated to replace it (for the remaining period of the rental [See Tos. Yom-Tov]).

(b)He is permitted to give him neither a smaller house than the one he rented - nor a larger one (See Tos. Yom-Tov).

(c)This is speaking where he stipulated, when renting him the house - that he would give him a house like the one in front of him.

(d)But if he said ...

1. ... 'Bayis Zeh' - then he would not be Chayav to replace it at all (See Tos. Yom-Tov); whereas if he said ...

2. ... 'Bayis' Stam - then he may replace it with anything that is called a house, irrespective of the size.

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