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BAVA METZIA 78 - Ari Kornfeld has generously sponsored the Dafyomi publications for this Daf for the benefit of Klal Yisrael.

1)

(a)What do we say with regard to someone who sells a big field because he cannot find purchasers for the small field that he has been trying to sell, if he subsequently pesters the purchaser for the money?

(b)What Safek do we have in a similar case, but where we assess that he could have sold the small field had he exerted himself?

(c)What is the outcome of the She'eilah?

1)

(a)If someone sells a big field because he cannot find purchasers for the small field that he has been trying to sell, if he subsequently pesters the purchaser for the money we take it for granted that he wants the money in order to buy a small field in place of the half that he was forced to sell against his will. Consequently, the sale will not valid until the purchaser has paid the last cent.

(b)The Safek we have in a similar case, but where we assess that he could have sold the small field had he exerted himself is does the fact that he did not bother to exert himself to save the big field mean that he does not really care for it, and maybe the sale is valid even before he has been paid all the money (like someone who sells a field that is in bad shape) or not.

(c)The outcome of the She'eilah is 'Teiku' ('Tishbi Yetaretz Kushyos ve'Iba'ayos').

2)

(a)We learned in our Mishnah that, in a case of Davar ha'Avud, if the laborers retracted, 'Socher Aleihen ... '. Up to how much does Rav Nachman permit the employer to hire new laborers on their account?

(b)When Rava queried Rav Nachman from the Beraisa that we cited above, which permits him to pay as much as forty or fifty Zuz, what did he reply? How did he reconcile his statement with the Beraisa?

2)

(a)We learned in our Mishnah that, in a case of Davar ha'Avud, if the laborers retracted, 'Socher Aleihen ... '. Rav Nachman permits the employer to hire new laborers on their account up to however much they were already owed when they retracted (which he may now add on to however much the remaining work would have cost him).

(b)When Rava queried Rav Nachman from the Beraisa that we cited above, which permits him to pay as much as forty or fifty Zuz, he reconciled his statement with the Beraisa by establishing that Beraisa when the laborers had left goods to that value with him for safekeeping. These he may now retain to pay towards the hire of fresh laborers up to the value of forty or fifty Zuz.

3)

(a)What does our Mishnah say about someone who hires a donkey to take to the mountains, and in violation of the agreement, he takes it to the valley, or vice-versa, and it dies? Does it make any difference if the distances are the same?

(b)The Tana then seems to repeat the same cases, drawing a distinction between whether the donkey died from overheating or because it slipped. When will he be Chayav and when will he be Patur, if he changed and took it ...

1. ... to the mountains?

2. ... to the valley?

(c)When will he be Chayav for taking the animal into the mountains, even if it died because of the heat?

3)

(a)Our Mishnah rules that someone who hires a donkey to take to the mountains, and in violation of the agreement, he takes it to the valley, or vice-versa, and it dies is liable to pay, even if both distances are ten Mil.

(b)The Tana then seems to repeat the same cases, drawing a distinction between whether the donkey died from overheating or because it slipped. If he changed and took it ...

1. ... to the mountains then, if it died from overheating, he is Patur (because it would certainly have overheated had he taken it to the valley, which is hot because it is surrounded by mountains); whereas if it slipped, fell and died, he is liable, because that would not have happened in the valley.

2. ... to the valley then the opposite is true, and he will be liable if the animal died from overheating, but Patur if it slipped, fell and died.

(c)He will be Chayav for taking the animal into the mountains however, even if it died because of the heat if it became hot as a result of the climb.

4)

(a)The Tana now discusses a case where someone hires a donkey and 'Hivrikah' (which will be explained later), Na'asis Angaryah' or dies, and the hirer demands a replacement. What does 'Na'asis Angaryah' mean?

(b)What does the Tana rule in this regard in the case of ...

1. ... 'Hivrikah O Na'asis Angaryah'?

2. ... Meisah?

(c)In the latter case, what if he is unable to do so?

4)

(a)The Tana now discusses a case where someone hires a donkey and 'Hivrikah' (which will be explained later), Na'asis Angaryah' (which mean that it was taken by the king's men to do work for the king) or dies, and the hirer demands a replacement.

(b)The Tana rules in the case of ...

1. ... 'Hivrikah O Na'asis Angaryah' that the owner can say to the hirer 'Harei she'Lecha Lefanecha'.

2. ... Meisah that he is obligated to sell the carcass and use the proceeds to hire a new animal for the hirer, and even to add money from his own pocket if necessary (see Rashash).

(c)Otherwise he is obligated to return his money.

5)

(a)In view of the Seifa of our Mishnah, which distinguishes between whether the donkey died from overheating or from slipping, de'bei Rebbi Yanai explains the Reisha, which obligates the hirer who violated his agreement and took the donkey into the mountains or into the valley Stam, when the animal died because of the air of either place, to which it was not accustomed. Rebbi Yosi b'Rebbi Chanina attributes it to 'Uvtz'na'. What is Uvtz'na'?

(b)According to Rebbi Yochanan, the Reisha and the Seifa constitute a Machlokes Tana'im. The author of the Reisha, which does not differentiate between overheating and slipping, is Rebbi Meir. What does Rebbi Meir say with regard to someone who deviates from the instructions of the owner?

(c)Rabah gives a fourth answer to the Kashya. How does he establish both the Reisha and the Seifa?

5)

(a)In view of the Seifa of our Mishnah, which distinguishes between whether the donkey died from overheating or from slipping, d'Vei Rebbi Yanai explains the Reisha of our Mishnah, which obligates the hirer who violated his agreement and took the donkey into the mountains or into the valley Stam, when the animal died because of the air of either place, to which it was not accustomed. Rebbi Yosi b'Rebbi Chanina attributes it to 'Uvtz'na' which means fatigue (i.e. in the mountains, the climb caused it to subsequently become fatigued, and in the valley, it was the lack of the fresh mountain air to which it was used, that caused it).

(b)According to Rebbi Yochanan, the Reisha and the Seifa constitute a Machlokes Tana'im. The author of the Reisha, which does not differentiate between overheating and slipping, is Rebbi Meir, who holds that whoever deviates from the instructions of the owner, is called a Gazlan (and is therefore liable, even for Onsim).

(c)Rabah gives a fourth answer to the Kashya, establishing both the Reisha and the Seifa where the donkey died from a snakebite.

78b----------------------------------------78b

6)

(a)We just cited Rebbi Yochanan, who establishes the author of the Reisha of the Beraisa as Rebbi Meir, who considers anyone who deviates from the instructions of the owner a Gazlan (and is therefore liable, even for Onsin). On what grounds do we reject the suggestion that the Rebbi Meir to which Rebbi Yochanan is referring is the Mishnah in Bava Kama, where Rebbi Meir says that if a dyer dyes red the wool that he was given to dye black or vice-versa, he must pay for the wool?

6)

(a)We just cited Rebbi Yochanan, who establishes the author of the Reisha of the Beraisa as Rebbi Meir, who considers anyone who deviates from the instructions of the owner a Gazlan (and is therefore liable, even for Onsin). We reject the suggestion that the Rebbi Meir to which Rebbi Yochanan is the Mishnah in Bava Kama, where Rebbi Meir says that if a dyer dyes red the wool that he was given to dye black or vice-versa, he must pay for the wool because perhaps the reason there is (not because he is considered a Gazlan, but) because the dyer acquired the wool with Shinuy Ma'aseh, a reason that is not applicable in our Mishnah.

7)

(a)What does the Tana of the Beraisa mean, when he says ...

1. ... 'Mageves Purim le'Purim'?

2. ... 've'Ein Medakdekin be'Davar'?

(b)What does he say about money that is claimed for the poor of a specific town?

(c)And what happens to any excess Purim money or food that is left over?

(d)Rebbi Eliezer forbids the money for Purim to be used even to purchase a shoelace for a poor man. On what condition does he nevertheless permit it?

7)

(a)"When the Tana of the Beraisa says ...

1. ... 'Mageves Purim le'Purim', he means that money that is collected specifically for a Se'udas Purim for poor people, may only be used for that purpose.

2. ... 've'Ein Medakdekin be'Davar' he means that we do not limit their meals to what they regularly eat, but buy calves in abundance and serve it to them.

(b)And he says the same about money that is collected for the poor of a specific town.

(c)Any excess Purim money or food that is left over, he adds goes to Tzedakah.

(d)Rebbi Eliezer forbids the money for Purim to be used even to purchase a shoelace for a poor man unless one makes a condition to that effect in the presence of the townspeople who donated it.

8)

(a)What does Raban Shimon ben Gamliel hold?

(b)It is Rebbi Ya'akov in the name of Rebbi Meir who quotes Rebbi Eliezer. What do we now suggest?

(c)On what grounds do we refute this proof, too?

8)

(a)Raban Shimon ben Gamliel is lenient (though it is not clear to what extent).

(b)It is Rebbi Ya'akov in the name of Rebbi Meir who quotes Rebbi Eliezer. We suggest that this is where Rebbi Meir holds that whoever deviates from the instructions of the owner, is called a Gazlan.

(c)But we refute this proof too on the grounds that the reason there is only because the people gave the money specifically for that purpose, a Sevara that would also not apply to our Mishnah.

9)

(a)We finally cite Rebbi Meir in another Beraisa. What does Rebbi Shimon ben Elazar say in the name of Rebbi Meir about someone who donates a Dinar to a poor man, stipulating that he buys himself a shirt or a cloak?

(b)How do we know that Rebbi Meir's reason is not to avoid suspicion falling on the donor that he promised but failed to keep his word?

9)

(a)We finally cite Rebbi Meir in another Beraisa, whom Rebbi Shimon ben Elazar quoted as saying that someone who donates a Dinar to a poor man stipulating that he buys himself a shirt may not use the money to buy a cloak, or vice-versa.

(b)Rebbi Meir's reason cannot be to avoid suspicion falling on the donor that he promised but failed to keep his word because the Tana should then have said so (and not 'Mipnei she'Ma'avir al Da'as Ba'l ha'Bayis').

10)

(a)We learned in our Mishnah 'ha'Socher Es ha'Chamor ve'Hivrikah, Omer lo "Harei she'Lecha Lefanecha" '. According to some, 've'Hivrikah' means that the animal lost its sight. How does Rava explain it?

(b)What did they ask that man who claimed that he saw moths in the king's wardrobe?

(c)Some quote him as having said that he saw them in the silver garments, and others, in the golden ones. What is the significance of silver and golden garments?

(d)Why, according to those who quote him as having replied in the silver garments, did they put him to death?

10)

(a)We learned in our Mishnah 'ha'Socher es ha'Chamor ve'Hivrikah, Omer Lo Harei she'Lecha Lefanecha'. According to some, 've'Hivrikah' means that the animal lost its sight. Rava explains that it contracted worms in its feet.

(b)They asked that man who claimed that he saw moths in the king's wardrobe whether he saw them among the 'silver' garments or the 'golden' ones.

(c)Some quote him as having replied that he saw them in the silver garments, and others, in the golden ones. 'Silver' and 'gold' in this context means garments of linen and garments of wool dyed red, respectively.

(d)According to those who quote him as having said in the silver garments, they put him to death because he lied, since moths do not eat linen garments.

11)

(a)Rav qualifies our Mishnah ''O she'Na'asis Angarya, Omer lo "Harei she'Lecha Lefanecha" ', restricting it to an Angarya Chozeres. What is an 'Angarya Chozeres'?

(b)What will then be the Din in the case of an Angarya she'Einah Chozeres? Why is that?

(c)Shmuel draws no distinction between Angarya Chozeres and Angarya she'Einah Chozeres - but he does draw a distinction between 'be'Derech Halichasah' and 'La'av be'Derech Halichasah'. What does 'be'Derech Halichasah' mean?

(d)What is then the reasoning behind the distinction?

11)

(a)Rav qualifies our Mishnah 'O she'Na'asis Angarya, Omer lo "Harei she'Lecha Lefanecha" ', restricting it to an Angarya Chozeres, which means that the donkey was only seized temporarily, and that it will be returned shortly (see Tosfos DH 'be'Angarya').

(b)In the case of an Angarya she'Einah Chozeres (which is permanent) the owner is obligated to supply the hirer with a new donkey, because it is no different than Meisah.

(c)Shmuel draws no distinction between 'Angarya Chozeres' and 'Angarya she'Einah Chozeres' but he does draw a distinction between 'be'Derech Halichasah' (where the king's men are taking the same route as the hirer), and 'La'av be'Derech Halichasah' (where they are not).

(d)By the former, where the king's men tend to constantly switch animals, taking someone else's and returning the previous one to its owner, the owner can say to the hirer that seeing as his (the hirer's) Mazel caused the animal to be taken no less than his own, he should hire a fresh animal and continue along the way until the king's men find another animal and return his (see Tosfos DH 'Im').

12)

(a)What does the Beraisa rule in a case of 'ha'Socher Es ha'Chamor ...

1. ... ve'Hivrikah O she'Nishtatsah'?

2. ... Meisah O she'Na'asis Angarya'?

(b)On whom does this Beraisa pose a Kashya?

(c)Why can we not simply establish the Beraisa where they took the donkey along the same route that he was going? What does Rebbi Shimon ben Elazar say in the Seifa?

(d)So how does Shmuel initially reconcile his opinion with the Beraisa?

12)

(a)The Beraisa rules in a case of 'ha'Socher es ha'Chamor ...

1. ... ve'Hivrikah O she'Nishtatsah', 'Omer lo Harei she'Lecha Lefanecha'.

2. ... Meisah O she'Na'asis Angarya' 'Chayav Le'ha'amid lo Chamor Acher'.

(b)This Beraisa poses a Kashya on Shmuel, who does not differentiate between an Angarya Chozeres and an Angarya she'Einah Chozeres'. How will he then explain the discrepancy between this Beraisa and our Mishnah?

(c)We cannot simply establish the Beraisa where they took the donkey along the same route that he was taking because Rebbi Shimon ben Elazar in the Seifa makes this distinction, indicating that the Tana Kama does not agree with it.

(d)Initially, Shmuel reconciles his opinion with the Beraisa by establishing his own opinion like Rebbi Shimon ben Elazar.

13)

(a)Alternatively, he can even go one stage further and avoid holding like an individual opinion. How could the entire Beraisa go like Shmuel?

(b)In that case, how does the statement 'Meisah O she'Na'asis Angarya Chayav Le'ha'amid lo Chamor Acher' continue?

13)

(a)Alternatively, he can even go one stage further and avoid holding like an individual opinion, by establishing the entire Beraisa like Rebbi Shimon ben Elazar (with whom nobody argues).

(b)and the statement 'Meisah O she'Na'asis Angarya Chayav Le'ha'amid lo Chamor Acher' continues 'ba'Meh Devarim Amurim, she'Lo be'Derech Halichasah, Aval be'Derech Halichasah Omer lo "Harei she'Lecha Lefanecha", Divrei Rebbi Shimon ben Elazar, she'Hayah Rebbi Shimon ben Elazar Omer ... '.

14)

(a)What is the problem with establishing the Beraisa like Rebbi Shimon ben Elazar? What does he rule in another Beraisa in a case of 'ha'Socher Es ha'Chamor Li'rekov alav, ve'Hivrikah O she'Nishtatsah' that clashes with the Reisha of the current Beraisa?

(b)How does Rabah bar Rav Huna resolve this problem?

(c)What does Rav Papa say about glass vessels?

14)

(a)The problem with establishing the Beraisa like Rebbi Shimon ben Elazar is that in another Beraisa, he says 'ha'Socher es ha'Chamor Li'rekov Alav, ve'Hivrikah O she'Nishtatsah, Chayav Le'ha'amid lo Acher', whilst the Reisha of our Beraisa rules 'Omer lo Harei she'Lecha Lefanecha'.

(b)Rabah bar Rav Huna resolves this problem by confining the ruling of the latter Beraisa to where the hirer hired the donkey specifically to ride on (as indeed the Tana stipulates), which is not feasible on a blind or crazy donkey, whereas the former Beraisa speaks a donkey that was hired for transportation.

(c)Transporting glass vessels, says Rav Papa has the same Din as riding in this regard.

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