More Discussions for this daf
1. Modified land 2. Shevuas Heses 3. Takfa Kohen
4. Another reason for silence during the grab 5. Maskana of Chashad a'Mamona 6. Safek Bechor
7. Shevu'ah she'Eino bi'Reshuso 8. Kim Li 9. ספק בכורות
10. תקפה כהן ועביד איניש דינא לנפשיה
DAF DISCUSSIONS - BAVA METZIA 6

Adam G. asked:

On the top of 6a, Abaye seems to show why there could be a shavuah in the Mishnah even if we hold chashad on mamon is in fact chashad on a shavuah (because of suffak milva yeshana). Why then do the Rosh (when explaining the Rif) and Tosofos on the top of 3b state the maskana of our Gemara is chashad on mamon does not mean chashad on a shavuah, like R' Yochanan. It did not seem so clear that the Gemara had come to this conlusion, especially since the Sugya ends without rebutting Abaye. Mistama this is why the Rif and Rashi seem to poskin like Abaye? Any help clarifying the opinions of these rishonim would be greatly appreciated.

Adam G., Los Angeles, CA

The Kollel replies:

Tosfos and the Rosh are referring to the Gemara on 5b that asked on Rebbi Yochanan that we should disqualify the people holding the Talis due to the principle of Migu d'Chashud a'Mamoneh Chashud a'Shevu'asa. The Gemara replies that we do not say Migu d'Chashud. Tosfos and the Rosh understood that this implies that the Gemara takes this as the conclusion.

The Ramban (Chidushim 6a DH Amar Abaye) explains that Rashi (6a DH Abaye Amar) and the Rif are both of the opinion that Abaye argues with Rebbi Yochanan and holds Migu d'Chashud. The Ramban offers an alternative understanding of the Sugya according to which Abaye is explaining the Din of Rebbi Yochanan and agrees that we do not say Migu d'Chashud. This may also be the opinion of Tosfos and the Rosh.

Dov Freedman