Search

Bava Batra 87

Want to dedicate learning? Get started here:

podcast placeholder

0:00
0:00




Summary

Today’s daf is sponsored by Jane Leiser in honor of Nicki’s birthday “HAPPY BIRTHDAY!!! I am SO proud of you for doing this incredible learning!!! Love you very much, MOM”

Another source is brought to raise a difficulty with Rav and Shmuel’s ruling about acquiring items partway through the measuring if the wording of the sale was “separated it into parts. But this difficulty is resolved.

The Mishna discusses three different halakhot. At what point of measuring is neither side allowed to change their mind? If an agent sells someone else’s produce to the buyer, is the agent responsible if the vessel breaks and the merchandise is lost? What is the status of drops left in the jug after the liquid is measured out and poured into the buyer’s utensils? Details of these cases are discussed in the Gemara.

The Mishna brings a scenario where a father sends a son to the store to buy oil and the utensil breaks, the oil is lost, as is the change that the son received for buying the oil. There is a debate about who is responsible. The Gemara brings several explanations to understand what exactly is the case in the Mishna and the source of the debate.

Today’s daily daf tools:

Bava Batra 87

וְלַגּוֹרֶן יָפֶה סֶלַע – אָסוּר לֵהָנוֹת הֵימֶנּוּ. אֲבָל אִם שְׂכָרוֹ מֵהַיּוֹם בְּדִינָר לְיוֹם, וְלַגּוֹרֶן יָפֶה סֶלַע – מוּתָּר.

and a day of a laborer’s work during the harvest is worth a sela, the equivalent of four silver dinars, for each day, it is prohibited to derive benefit from him, i.e., one may not employ the laborer under these conditions. The reason is that this is akin to taking interest, as the laborer works and receives less than he is entitled to in exchange for early payment. But if one hires him already from now to work for one dinar a day for an extended period of time, including the harvest season, and the work of a laborer during the harvest is worth a sela, this is permitted.

וְאִי סָלְקָא דַּעְתָּךְ ״כּוֹר בִּשְׁלֹשִׁים, סְאָה בְּסֶלַע אֲנִי מוֹכֵר לָךְ״ – רִאשׁוֹן רִאשׁוֹן קָנָה; הָכָא נָמֵי – קַמָּא קַמָּא מִיפְסָק פְּסַק, וְאָסוּר לֵהָנוֹת הֵימֶנּוּ; מִדִּינָר לְיוֹם וְלַגּוֹרֶן יָפֶה סֶלַע – מוּתָּר?! אַמַּאי? וְהָא אֲגַר ״נְטַר לִי״ הוּא!

And if it enters your mind, as Rav and Shmuel claim, that if a seller said: I am selling you one kor for thirty sela, each se’a for one sela, he cannot fully renege on the sale in the middle of the transaction, as the buyer acquires each se’a one by one as it is measured, then the halakha in this case should be different. Here too, as he does not agree to one large sum but fixes a price for each day, one by one, it is akin to taking interest, as the laborer works and receives less than he is entitled to in exchange for early payment. And therefore, it should be prohibited to derive benefit from him. Whereas the baraita states: If one hires him from now to work for one dinar a day over an extended period of time, including the harvest, and one day of a laborer’s work during the harvest is worth one sela, this is permitted. Why is it permitted? But isn’t it payment for waiting, i.e., for advancing the money to the laborer?

אָמַר רָבָא: וְתִסְבְּרָא?! זַלְזוֹלֵי בִּשְׂכִירוּת מִי אֲסִיר?! מַאי שְׁנָא רֵישָׁא וּמַאי שְׁנָא סֵיפָא?

Rava said: And how can you understand the baraita in that manner? Is it prohibited for one to lower his hiring price and receive lower wages in order to ensure that he is employed? This arrangement is not a form of interest and violates no prohibition. The Gemara asks: If this is not considered taking interest, then what is different in the first clause, where the laborer is not employed immediately and this arrangement is prohibited, and what is different in the latter clause, where it is permitted?

רֵישָׁא דְּלָא קָא עָבֵיד בַּהֲדֵיהּ מֵהַשְׁתָּא, מִיחֲזֵי כִּי אֲגַר ״נְטַר לִי״; סֵיפָא דְּקָא עָבֵיד בַּהֲדֵיהּ מֵהַשְׁתָּא, לָא מִיחֲזֵי כִּי אֲגַר ״נְטַר לִי״.

The Gemara explains: In the first clause, as the laborer does not work with him from now, it has the appearance of payment for waiting, i.e., advancing the money to the laborer. In the latter clause, as the laborer works with him from now, it does not have the appearance of payment for waiting.

וְאִם הָיָה מְחוּבָּר בְּקַרְקַע, וְתָלַשׁ כׇּל שֶׁהוּא – קָנָה. מִשּׁוּם דְּתָלַשׁ כׇּל שֶׁהוּא – קָנָה?! אָמַר רַב שֵׁשֶׁת: הָכָא בְּמַאי עָסְקִינַן – דְּאָמַר לֵיהּ: לֵךְ, יַפֵּה לְךָ קַרְקַע כׇּל שֶׁהוּא, וְקָנֵי כֹּל מַה שֶּׁעָלֶיהָ.

§ The mishna teaches: And if the flax was attached to the ground and he detached any amount, he has acquired it. The Gemara asks: Is it correct to say that due to the fact that he detached any amount, he acquired it? If he does not perform an act of acquisition with all of the flax, how can he acquire all of it? Rav Sheshet said: Here we are dealing with a case where the seller said to him: Go and clear for yourself any amount of land, and thereby acquire everything that is on it. When the buyer clears the land by detaching the flax from the ground, he is considered to be renting the land and thereby acquires all the flax that grows on it.

מַתְנִי׳ הַמּוֹכֵר יַיִן וָשֶׁמֶן לַחֲבֵירוֹ, וְהוּקְרוּ אוֹ שֶׁהוּזְלוּ, אִם עַד שֶׁלֹּא נִתְמַלֵּאת הַמִּדָּה – לַמּוֹכֵר. מִשֶּׁנִּתְמַלֵּאת הַמִּדָּה – לַלּוֹקֵחַ. וְאִם הָיָה סַרְסוּר בֵּינֵיהֶן, נִשְׁבְּרָה הֶחָבִית – נִשְׁבְּרָה לַסַּרְסוּר.

MISHNA: With regard to one who sells food or drink that has an established price, such as wine and oil, to another, and the price rises or falls and the buyer or the seller wishes to renege on the sale, if the price changed before the measuring vessel is filled, the merchandise still belongs to the seller and he can cancel the sale. Once the measuring vessel is filled the merchandise belongs to the buyer, and the seller can no longer cancel the sale. And if there was a middleman [sarsur] between them and the barrel belonging to the middleman, being used to measure the merchandise, broke during the transaction and the merchandise is ruined, it broke for the middleman, i.e., he is responsible for the ruined merchandise.

וְחַיָּיב לְהַטִּיף לוֹ שָׁלֹשׁ טִיפִּין. הִרְכִּינָהּ וּמִיצֵּית – הֲרֵי הוּא שֶׁל מוֹכֵר. וְהַחֶנְווֹנִי – אֵינוֹ חַיָּיב לְהַטִּיף שָׁלֹשׁ טִיפִּין. רַבִּי יְהוּדָה אוֹמֵר: עֶרֶב שַׁבָּת עִם חֲשֵׁכָה – פָּטוּר.

The mishna teaches an additional halakha with regard to sales: And anyone who sells wine, oil, or similar liquids is obligated, after he transfers the liquid into the buyer’s vessel, to drip for him three extra drops from the measure. After he drips those three drops, if he turned the barrel on its side and drained out the last bits of liquid that it contained, this belongs to the seller and he is not required to give these last drops to the buyer. And a storekeeper is not obligated to drip three drops, because he is too busy to do this constantly. Rabbi Yehuda says: If the sale occurs on Shabbat eve as nightfall arrives, one is exempt from dripping these three drops, as there is a need to complete the transaction before Shabbat begins.

גְּמָ׳ הָא מִדָּה, דְּמַאן? אִילֵּימָא מִדָּה דְלוֹקֵחַ, עַד שֶׁלֹּא נִתְמַלֵּאת מִדָּה – לַמּוֹכֵר?! מִדָּה דְלוֹקֵחַ הִיא! וְאֶלָּא מִדָּה דְמוֹכֵר? מִשֶּׁנִּתְמַלֵּאת מִדָּה – לַלּוֹקֵחַ?! מִדָּה דְמוֹכֵר הִיא!

GEMARA: The Gemara clarifies the mishna’s statement that the sale occurs once the measuring vessel is filled. This measuring vessel, to whom does it belong? If we say that the measuring vessel belongs to the buyer, why does the mishna teach that before the measuring vessel is filled the merchandise still belongs to the seller? Since it is the measuring vessel of the buyer, he should acquire everything that is placed in his vessel, whether or not it is filled. But if we say that the measuring vessel belongs to the seller, why does the mishna teach that once the measuring vessel is filled the merchandise belongs to the buyer? Since it is the measuring vessel of the seller, the merchandise has yet to enter the possession of the buyer.

אָמַר רַבִּי אִלְעָא: בְּמִדַּת סַרְסוּר. וְהָא מִדְּקָתָנֵי סֵיפָא: וְאִם הָיָה סַרְסוּר בֵּינֵיהֶם, נִשְׁבְּרָה הֶחָבִית – נִשְׁבְּרָה לַסַּרְסוּר; מִכְּלָל דְּרֵישָׁא לָאו בְּסַרְסוּר עָסְקִינַן! רֵישָׁא – מִדָּה בְּלֹא סַרְסוּר, סֵיפָא – בְּסַרְסוּר עַצְמוֹ.

Rabbi Ela says: The mishna is referring to a case where the measuring vessel belongs to the middleman. The middleman lends it to the seller, and once it is filled it is loaned to the buyer so that he can transfer its contents into his vessels. The Gemara asks: But from the fact that the latter clause teaches: And if there was a middleman between them and the barrel broke, it broke for the middleman, it may be inferred that in the first clause we are not dealing with a middleman. The Gemara answers: The first clause addresses a measuring vessel belonging to a middleman without the presence of the middleman at the transaction, whereas the latter clause is concerned with a middleman himself, who is present at the sale and therefore accepts responsibility for the barrel and its contents.

הִרְכִּינָהּ וּמִיצֵּית – הֲרֵי הוּא שֶׁל מוֹכֵר. כִּי סָלֵיק רַבִּי אֶלְעָזָר, אַשְׁכְּחֵיהּ לִזְעֵירִי, אֲמַר לֵיהּ: מִי כָּאן תַּנָּא דְּאַתְנְיֵיהּ רַב מִדּוֹת? אַחַוְיֵיהּ רַב יִצְחָק בַּר אַבְדִּימִי. אָמַר לֵיהּ: מַאי קָא קַשְׁיָא לָךְ? דִּתְנַן: הִרְכִּינָהּ וּמִיצִּיתָ – הֲרֵי הוּא שֶׁל מוֹכֵר,

§ The mishna teaches that if he turned the barrel on its side and drained out the last bits of liquid within it, this liquid belongs to the seller. The Gemara relates: When Rabbi Elazar ascended from Babylonia to Eretz Yisrael, he found Ze’eiri and said to him: Who here is the tanna to whom Rav taught this halakha with regard to measures? Ze’eiri showed him Rav Yitzḥak bar Avdimi. Rav Yitzḥak bar Avdimi said to Rabbi Elazar: What is it about this halakha that poses a difficulty for you? Rabbi Elazar said to him that the problem is that we learned in the mishna: If he turned the barrel on its side and drained out the last bits of liquid within it, that liquid belongs to the seller.

וְהָתְנַן, הִרְכִּינָהּ וּמִיצָּהּ – הֲרֵי זוֹ תְּרוּמָה!

But didn’t we learn in a mishna (Terumot 11:8): If one poured oil or wine of teruma from one vessel to another and turned the vessel on its side and drained out the last bits of liquid inside, this is teruma and must be given to the priest? This indicates that the last remnants of the liquid in the vessel belong to the one who receives the oil or wine, not the owner, i.e., the seller. Why, then, does the mishna here teach that the last remnants belong to the seller?

אֲמַר לֵיהּ: הָא אִיתְּמַר עֲלַהּ, אָמַר רַבִּי אֲבָהוּ: מִשּׁוּם יֵאוּשׁ בְּעָלִים נָגְעוּ בָּהּ.

Rav Yitzḥak bar Avdimi said to Rabbi Elazar: But wasn’t it stated with regard to that mishna that Rabbi Abbahu says: Due to of the despair of the owner, who relinquishes his right to such a small amount of wine or oil, the Sages touched upon it and ruled that any remnants extracted from the vessel belong to the seller? By contrast, with regard to teruma, which is forbidden to non-priests, the despair of the buyer is irrelevant, and therefore anything that remains in the vessels is teruma.

וְהַחֶנְווֹנִי אֵינוֹ חַיָּיב לְהַטִּיף וְכוּ׳. אִיבַּעְיָא לְהוּ: רַבִּי יְהוּדָה – אַרֵישָׁא קָאֵי, וּלְקוּלָּא; אוֹ דִלְמָא אַסֵּיפָא קָאֵי, וּלְחוּמְרָא?

§ The mishna teaches: And a storekeeper is not obligated to drip three drops. Rabbi Yehuda says: If the sale occurs on Shabbat eve as nightfall arrives, one is exempt from dripping these three drops. A dilemma was raised before the Sages: Is Rabbi Yehuda referring to the first clause of the mishna, and if so his ruling is lenient, as the mishna states that one must drip three drops and he states that on Shabbat eve one is exempt from doing so? Or perhaps he is referring to the latter clause and is stringent, as the mishna teaches that a storekeeper is always exempt, whereas Rabbi Yehuda rules that this is the halakha only on Shabbat eve?

תָּא שְׁמַע: דְּתַנְיָא, רַבִּי יְהוּדָה אוֹמֵר: עֶרֶב שַׁבָּת עִם חֲשֵׁכָה – חֶנְווֹנִי פָּטוּר, מִפְּנֵי שֶׁחֶנְווֹנִי טָרוּד.

The Gemara answers: Come and hear a resolution of this dilemma, as it is taught in a baraita that Rabbi Yehuda says: On Shabbat eve at nightfall a storekeeper is exempt because the storekeeper is busy. This proves that Rabbi Yehuda was referring to the latter clause of the mishna, i.e., he exempts the storekeeper from dripping the drops only on Shabbat eve.

מַתְנִי׳ הַשּׁוֹלֵחַ אֶת בְּנוֹ אֵצֶל חֶנְווֹנִי וּפוֹנְדְּיוֹן בְּיָדוֹ, וּמָדַד לוֹ בְּאִיסָּר שֶׁמֶן וְנָתַן לוֹ אֶת הָאִיסָּר; שָׁבַר אֶת הַצְּלוֹחִית וְאִבֵּד אֶת הָאִיסָּר – חֶנְווֹנִי חַיָּיב. רַבִּי יְהוּדָה פּוֹטֵר, שֶׁעַל מְנָת כֵּן שְׁלָחוֹ. וּמוֹדִים חֲכָמִים לְרַבִּי יְהוּדָה בִּזְמַן שֶׁהַצְּלוֹחִית בְּיַד הַתִּינוֹק וּמָדַד חֶנְווֹנִי לְתוֹכָהּ – שֶׁחֶנְווֹנִי פָּטוּר.

MISHNA: With regard to one who sends his son to a storekeeper with a pundeyon, a coin worth two issar, in his hand, and the storekeeper measured oil for him for one issar and gave him the second issar as change, and the son broke the jug and lost the issar, the storekeeper must compensate the father, as he gave the jug and coin to one who is not halakhically competent. Rabbi Yehuda exempts him from liability, as he holds that the father sent his son in order to do this, i.e., to bring back the jug and coin. And the Rabbis concede to Rabbi Yehuda with regard to a case when the jug is in the hand of the child and the storekeeper measured the oil into it that the storekeeper is exempt if the child breaks the jug.

גְּמָ׳ בִּשְׁלָמָא בְּאִיסָּר וָשֶׁמֶן, בְּהָא פְּלִיגִי – דְּרַבָּנַן סָבְרִי: לְאוֹדוֹעֵי שַׁדְּרֵיהּ, וְרַבִּי יְהוּדָה סָבַר: לְשַׁדּוֹרֵי לֵיהּ שַׁדְּרֵיהּ; אֶלָּא שָׁבַר צְלוֹחִית – אֲבֵדָה מִדַּעַת הִיא!

GEMARA: Granted, with regard to the issar and the oil, one can explain that they disagree over this matter: As the Rabbis hold that the father sent his son to inform the storekeeper that he needed oil but did not intend for the storekeeper to send the oil with the boy. For this reason, if the storekeeper gave the child the oil he is liable for its loss. And Rabbi Yehuda holds that he sent his son so that the storekeeper would send him back with the oil, and therefore the storekeeper is exempt from liability. But if the child broke the jug, why do the Rabbis hold that the storekeeper is responsible for it? It is a deliberate loss on the part of the father, as he entrusted the jug to his young son, who is not responsible enough to care for it.

אָמַר רַב הוֹשַׁעְיָא: הָכָא בְּבַעַל הַבַּיִת מוֹכֵר צְלוֹחִיּוֹת עָסְקִינַן, וּכְגוֹן שֶׁנְּטָלָהּ חֶנְווֹנִי עַל מְנָת לְבַקְּרָהּ; וּכְדִשְׁמוּאֵל – דְּאָמַר שְׁמוּאֵל: הַנּוֹטֵל כְּלִי מִן הָאוּמָּן עַל מְנָת לְבַקְּרוֹ, וְנֶאֱנַס בְּיָדוֹ – חַיָּיב.

Rav Hoshaya said: Here we are dealing with a proprietor who sells jugs, and the father sent his son with a jug in case the store owner might want to buy it. And this is a case where the storekeeper took the jug in order to examine it, and the ruling is in accordance with a statement of Shmuel. As Shmuel says: With regard to one who takes a vessel from a craftsman in order to examine it and buy it if he chooses, and an accident occurred while it was in his possession and it broke, he is liable to pay restitution for the vessel. He has the halakhic status of a borrower, and therefore he bears financial responsibility for the loss.

לֵימָא דִּשְׁמוּאֵל תַּנָּאֵי הִיא?! אֶלָּא רַבָּה וְרַב יוֹסֵף דְּאָמְרִי תַּרְוַיְיהוּ: הָכָא בְּחֶנְווֹנִי מוֹכֵר צְלוֹחִיּוֹת עָסְקִינַן; וְאַזְדָּא רַבִּי יְהוּדָה לְטַעְמֵיהּ, וְרַבָּנַן לְטַעְמַיְיהוּ.

The Gemara asks: Shall we say that the opinion of Shmuel is subject to a dispute between tanna’im? Since Rabbi Yehuda disagrees with the Rabbis, his opinion evidently differs from that of Shmuel. Rather, Rabba and Rav Yosef both say that the disagreement in the mishna should be explained as follows: Here, we are dealing with a storekeeper who sells jugs, and the father sent his son to buy from him a jug filled with oil. And Rabbi Yehuda follows his line of reasoning, as explained above, that the father sent his son to bring back the merchandise, and the Rabbis follow their line of reasoning, that the father sent the son to inform the storekeeper what he needed, but not to carry it back.

אִי הָכִי, אֵימָא סֵיפָא – מוֹדִים חֲכָמִים לְרַבִּי יְהוּדָה בִּזְמַן שֶׁהַצְּלוֹחִית בְּיַד הַתִּינוֹק, וּמָדַד חֶנְווֹנִי לְתוֹכָהּ – שֶׁחֶנְווֹנִי פָּטוּר. וְהָא אָמְרַתְּ לְאוֹדוֹעֵי שַׁדְּרֵיהּ! אֶלָּא אַבָּיֵי בַּר אָבִין וְרַבִּי חֲנִינָא בַּר אָבִין דְאָמְרִי תַּרְוַיְיהוּ: הָכָא בְּמַאי עָסְקִינַן –

The Gemara asks: If that is so, say the last clause: The Rabbis concede to Rabbi Yehuda in a case when the jug was in the hand of the child, and the storekeeper measured the oil into it, that the storekeeper is exempt. Why would the Rabbis rule that the storekeeper is exempt? But you said that the father sent his son only to inform the storekeeper of his order, but he did not intend for the storekeeper to give anything to his son. Rather, Abaye bar Avin and Rabbi Ḥanina bar Avin both say that the disagreement in the mishna should be explained as follows: With what are we dealing here?

Today’s daily daf tools:

Delve Deeper

Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.

For the Beyond the Daf shiurim offered in Hebrew, see here.

New to Talmud?

Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you. 

The Hadran Women’s Tapestry

Meet the diverse women learning Gemara at Hadran and hear their stories. 

In January 2020 on a Shabbaton to Baltimore I heard about the new cycle of Daf Yomi after the siyum celebration in NYC stadium. I started to read “ a daily dose of Talmud “ and really enjoyed it . It led me to google “ do Orthodox women study Talmud? “ and found HADRAN! Since then I listen to the podcast every morning, participate in classes and siyum. I love to learn, this is amazing! Thank you

Sandrine Simons
Sandrine Simons

Atlanta, United States

It’s hard to believe it has been over two years. Daf yomi has changed my life in so many ways and has been sustaining during this global sea change. Each day means learning something new, digging a little deeper, adding another lens, seeing worlds with new eyes. Daf has also fostered new friendships and deepened childhood connections, as long time friends have unexpectedly become havruta.

Joanna Rom
Joanna Rom

Northwest Washington, United States

I started learning Daf in Jan 2020 with Brachot b/c I had never seen the Jewish people united around something so positive, and I wanted to be a part of it. Also, I wanted to broaden my background in Torah Shebal Peh- Maayanot gave me a great gemara education, but I knew that I could hold a conversation in most parts of tanach but almost no TSB. I’m so thankful for Daf and have gained immensely.

Meira Shapiro
Meira Shapiro

NJ, United States

I was moved to tears by the Hadran Siyyum HaShas. I have learned Torah all my life, but never connected to learning Gemara on a regular basis until then. Seeing the sheer joy Talmud Torah at the siyyum, I felt compelled to be part of it, and I haven’t missed a day!
It’s not always easy, but it is so worthwhile, and it has strengthened my love of learning. It is part of my life now.

Michelle Lewis
Michelle Lewis

Beit Shemesh, Israel

After reading the book, “ If All The Seas Were Ink “ by Ileana Kurshan I started studying Talmud. I searched and studied with several teachers until I found Michelle Farber. I have been studying with her for two years. I look forward every day to learn from her.

Janine Rubens
Janine Rubens

Virginia, United States

I began Daf Yomi with the last cycle. I was inspired by the Hadran Siyum in Yerushalayim to continue with this cycle. I have learned Daf Yomi with Rabanit Michelle in over 25 countries on 6 continents ( missing Australia)

Barbara-Goldschlag
Barbara Goldschlag

Silver Spring, MD, United States

Last cycle, I listened to parts of various מסכתות. When the הדרן סיום was advertised, I listened to Michelle on נידה. I knew that בע”ה with the next cycle I was in (ב”נ). As I entered the סיום (early), I saw the signs and was overcome with emotion. I was randomly seated in the front row, and I cried many times that night. My choice to learn דף יומי was affirmed. It is one of the best I have made!

Miriam Tannenbaum
Miriam Tannenbaum

אפרת, Israel

I began learning with Rabbanit Michelle’s wonderful Talmud Skills class on Pesachim, which really enriched my Pesach seder, and I have been learning Daf Yomi off and on over the past year. Because I’m relatively new at this, there is a “chiddush” for me every time I learn, and the knowledge and insights of the group members add so much to my experience. I feel very lucky to be a part of this.

Julie-Landau-Photo
Julie Landau

Karmiel, Israel

I started to listen to Michelle’s podcasts four years ago. The minute I started I was hooked. I’m so excited to learn the entire Talmud, and think I will continue always. I chose the quote “while a woman is engaged in conversation she also holds the spindle”. (Megillah 14b). It reminds me of all of the amazing women I learn with every day who multi-task, think ahead and accomplish so much.

Julie Mendelsohn
Julie Mendelsohn

Zichron Yakov, Israel

Studying has changed my life view on הלכה and יהדות and time. It has taught me bonudaries of the human nature and honesty of our sages in their discourse to try and build a nation of caring people .

Goldie Gilad
Goldie Gilad

Kfar Saba, Israel

I started learning at the beginning of the cycle after a friend persuaded me that it would be right up my alley. I was lucky enough to learn at Rabbanit Michelle’s house before it started on zoom and it was quickly part of my daily routine. I find it so important to see for myself where halachot were derived, where stories were told and to get more insight into how the Rabbis interacted.

Deborah Dickson
Deborah Dickson

Ra’anana, Israel

I began daf yomi in January 2020 with Brachot. I had made aliya 6 months before, and one of my post-aliya goals was to complete a full cycle. As a life-long Tanach teacher, I wanted to swim from one side of the Yam shel Torah to the other. Daf yomi was also my sanity through COVID. It was the way to marking the progression of time, and feel that I could grow and accomplish while time stopped.

Leah Herzog
Leah Herzog

Givat Zev, Israel

My family recently made Aliyah, because we believe the next chapter in the story of the Jewish people is being written here, and we want to be a part of it. Daf Yomi, on the other hand, connects me BACK, to those who wrote earlier chapters thousands of years ago. So, I feel like I’m living in the middle of this epic story. I’m learning how it all began, and looking ahead to see where it goes!
Tina Lamm
Tina Lamm

Jerusalem, Israel

I had no formal learning in Talmud until I began my studies in the Joint Program where in 1976 I was one of the few, if not the only, woman talmud major. It was superior training for law school and enabled me to approach my legal studies with a foundation . In 2018, I began daf yomi listening to Rabbanit MIchelle’s pod cast and my daily talmud studies are one of the highlights of my life.

Krivosha_Terri_Bio
Terri Krivosha

Minneapolis, United States

My curiosity was peaked after seeing posts about the end of the last cycle. I am always looking for opportunities to increase my Jewish literacy & I am someone that is drawn to habit and consistency. Dinnertime includes a “Guess what I learned on the daf” segment for my husband and 18 year old twins. I also love the feelings of connection with my colleagues who are also learning.

Diana Bloom
Diana Bloom

Tampa, United States

My Daf journey began in August 2012 after participating in the Siyum Hashas where I was blessed as an “enabler” of others.  Galvanized into my own learning I recited the Hadran on Shas in January 2020 with Rabbanit Michelle. That Siyum was a highlight in my life.  Now, on round two, Daf has become my spiritual anchor to which I attribute manifold blessings.

Rina Goldberg
Rina Goldberg

Englewood NJ, United States

I had tried to start after being inspired by the hadran siyum, but did not manage to stick to it. However, just before masechet taanit, our rav wrote a message to the shul WhatsApp encouraging people to start with masechet taanit, so I did! And this time, I’m hooked! I listen to the shiur every day , and am also trying to improve my skills.

Laura Major
Laura Major

Yad Binyamin, Israel

I started learning Gemara at the Yeshivah of Flatbush. And I resumed ‘ברוך ה decades later with Rabbanit Michele at Hadran. I started from Brachot and have had an exciting, rewarding experience throughout seder Moed!

Anne Mirsky (1)
Anne Mirsky

Maale Adumim, Israel

Ive been learning Gmara since 5th grade and always loved it. Have always wanted to do Daf Yomi and now with Michelle Farber’s online classes it made it much easier to do! Really enjoying the experience thank you!!

Lisa Lawrence
Lisa Lawrence

Neve Daniel, Israel

My husband learns Daf, my son learns Daf, my son-in-law learns Daf.
When I read about Hadran’s Siyyum HaShas 2 years ago, I thought- I can learn Daf too!
I had learned Gemara in Hillel HS in NJ, & I remembered loving it.
Rabbanit Michelle & Hadran have opened my eyes & expanding my learning so much in the past few years. We can now discuss Gemara as a family.
This was a life saver during Covid

Renee Braha
Renee Braha

Brooklyn, NY, United States

Bava Batra 87

וְלַגּוֹרֶן יָפֶה סֶלַע – אָסוּר לֵהָנוֹת הֵימֶנּוּ. אֲבָל אִם שְׂכָרוֹ מֵהַיּוֹם בְּדִינָר לְיוֹם, וְלַגּוֹרֶן יָפֶה סֶלַע – מוּתָּר.

and a day of a laborer’s work during the harvest is worth a sela, the equivalent of four silver dinars, for each day, it is prohibited to derive benefit from him, i.e., one may not employ the laborer under these conditions. The reason is that this is akin to taking interest, as the laborer works and receives less than he is entitled to in exchange for early payment. But if one hires him already from now to work for one dinar a day for an extended period of time, including the harvest season, and the work of a laborer during the harvest is worth a sela, this is permitted.

וְאִי סָלְקָא דַּעְתָּךְ ״כּוֹר בִּשְׁלֹשִׁים, סְאָה בְּסֶלַע אֲנִי מוֹכֵר לָךְ״ – רִאשׁוֹן רִאשׁוֹן קָנָה; הָכָא נָמֵי – קַמָּא קַמָּא מִיפְסָק פְּסַק, וְאָסוּר לֵהָנוֹת הֵימֶנּוּ; מִדִּינָר לְיוֹם וְלַגּוֹרֶן יָפֶה סֶלַע – מוּתָּר?! אַמַּאי? וְהָא אֲגַר ״נְטַר לִי״ הוּא!

And if it enters your mind, as Rav and Shmuel claim, that if a seller said: I am selling you one kor for thirty sela, each se’a for one sela, he cannot fully renege on the sale in the middle of the transaction, as the buyer acquires each se’a one by one as it is measured, then the halakha in this case should be different. Here too, as he does not agree to one large sum but fixes a price for each day, one by one, it is akin to taking interest, as the laborer works and receives less than he is entitled to in exchange for early payment. And therefore, it should be prohibited to derive benefit from him. Whereas the baraita states: If one hires him from now to work for one dinar a day over an extended period of time, including the harvest, and one day of a laborer’s work during the harvest is worth one sela, this is permitted. Why is it permitted? But isn’t it payment for waiting, i.e., for advancing the money to the laborer?

אָמַר רָבָא: וְתִסְבְּרָא?! זַלְזוֹלֵי בִּשְׂכִירוּת מִי אֲסִיר?! מַאי שְׁנָא רֵישָׁא וּמַאי שְׁנָא סֵיפָא?

Rava said: And how can you understand the baraita in that manner? Is it prohibited for one to lower his hiring price and receive lower wages in order to ensure that he is employed? This arrangement is not a form of interest and violates no prohibition. The Gemara asks: If this is not considered taking interest, then what is different in the first clause, where the laborer is not employed immediately and this arrangement is prohibited, and what is different in the latter clause, where it is permitted?

רֵישָׁא דְּלָא קָא עָבֵיד בַּהֲדֵיהּ מֵהַשְׁתָּא, מִיחֲזֵי כִּי אֲגַר ״נְטַר לִי״; סֵיפָא דְּקָא עָבֵיד בַּהֲדֵיהּ מֵהַשְׁתָּא, לָא מִיחֲזֵי כִּי אֲגַר ״נְטַר לִי״.

The Gemara explains: In the first clause, as the laborer does not work with him from now, it has the appearance of payment for waiting, i.e., advancing the money to the laborer. In the latter clause, as the laborer works with him from now, it does not have the appearance of payment for waiting.

וְאִם הָיָה מְחוּבָּר בְּקַרְקַע, וְתָלַשׁ כׇּל שֶׁהוּא – קָנָה. מִשּׁוּם דְּתָלַשׁ כׇּל שֶׁהוּא – קָנָה?! אָמַר רַב שֵׁשֶׁת: הָכָא בְּמַאי עָסְקִינַן – דְּאָמַר לֵיהּ: לֵךְ, יַפֵּה לְךָ קַרְקַע כׇּל שֶׁהוּא, וְקָנֵי כֹּל מַה שֶּׁעָלֶיהָ.

§ The mishna teaches: And if the flax was attached to the ground and he detached any amount, he has acquired it. The Gemara asks: Is it correct to say that due to the fact that he detached any amount, he acquired it? If he does not perform an act of acquisition with all of the flax, how can he acquire all of it? Rav Sheshet said: Here we are dealing with a case where the seller said to him: Go and clear for yourself any amount of land, and thereby acquire everything that is on it. When the buyer clears the land by detaching the flax from the ground, he is considered to be renting the land and thereby acquires all the flax that grows on it.

מַתְנִי׳ הַמּוֹכֵר יַיִן וָשֶׁמֶן לַחֲבֵירוֹ, וְהוּקְרוּ אוֹ שֶׁהוּזְלוּ, אִם עַד שֶׁלֹּא נִתְמַלֵּאת הַמִּדָּה – לַמּוֹכֵר. מִשֶּׁנִּתְמַלֵּאת הַמִּדָּה – לַלּוֹקֵחַ. וְאִם הָיָה סַרְסוּר בֵּינֵיהֶן, נִשְׁבְּרָה הֶחָבִית – נִשְׁבְּרָה לַסַּרְסוּר.

MISHNA: With regard to one who sells food or drink that has an established price, such as wine and oil, to another, and the price rises or falls and the buyer or the seller wishes to renege on the sale, if the price changed before the measuring vessel is filled, the merchandise still belongs to the seller and he can cancel the sale. Once the measuring vessel is filled the merchandise belongs to the buyer, and the seller can no longer cancel the sale. And if there was a middleman [sarsur] between them and the barrel belonging to the middleman, being used to measure the merchandise, broke during the transaction and the merchandise is ruined, it broke for the middleman, i.e., he is responsible for the ruined merchandise.

וְחַיָּיב לְהַטִּיף לוֹ שָׁלֹשׁ טִיפִּין. הִרְכִּינָהּ וּמִיצֵּית – הֲרֵי הוּא שֶׁל מוֹכֵר. וְהַחֶנְווֹנִי – אֵינוֹ חַיָּיב לְהַטִּיף שָׁלֹשׁ טִיפִּין. רַבִּי יְהוּדָה אוֹמֵר: עֶרֶב שַׁבָּת עִם חֲשֵׁכָה – פָּטוּר.

The mishna teaches an additional halakha with regard to sales: And anyone who sells wine, oil, or similar liquids is obligated, after he transfers the liquid into the buyer’s vessel, to drip for him three extra drops from the measure. After he drips those three drops, if he turned the barrel on its side and drained out the last bits of liquid that it contained, this belongs to the seller and he is not required to give these last drops to the buyer. And a storekeeper is not obligated to drip three drops, because he is too busy to do this constantly. Rabbi Yehuda says: If the sale occurs on Shabbat eve as nightfall arrives, one is exempt from dripping these three drops, as there is a need to complete the transaction before Shabbat begins.

גְּמָ׳ הָא מִדָּה, דְּמַאן? אִילֵּימָא מִדָּה דְלוֹקֵחַ, עַד שֶׁלֹּא נִתְמַלֵּאת מִדָּה – לַמּוֹכֵר?! מִדָּה דְלוֹקֵחַ הִיא! וְאֶלָּא מִדָּה דְמוֹכֵר? מִשֶּׁנִּתְמַלֵּאת מִדָּה – לַלּוֹקֵחַ?! מִדָּה דְמוֹכֵר הִיא!

GEMARA: The Gemara clarifies the mishna’s statement that the sale occurs once the measuring vessel is filled. This measuring vessel, to whom does it belong? If we say that the measuring vessel belongs to the buyer, why does the mishna teach that before the measuring vessel is filled the merchandise still belongs to the seller? Since it is the measuring vessel of the buyer, he should acquire everything that is placed in his vessel, whether or not it is filled. But if we say that the measuring vessel belongs to the seller, why does the mishna teach that once the measuring vessel is filled the merchandise belongs to the buyer? Since it is the measuring vessel of the seller, the merchandise has yet to enter the possession of the buyer.

אָמַר רַבִּי אִלְעָא: בְּמִדַּת סַרְסוּר. וְהָא מִדְּקָתָנֵי סֵיפָא: וְאִם הָיָה סַרְסוּר בֵּינֵיהֶם, נִשְׁבְּרָה הֶחָבִית – נִשְׁבְּרָה לַסַּרְסוּר; מִכְּלָל דְּרֵישָׁא לָאו בְּסַרְסוּר עָסְקִינַן! רֵישָׁא – מִדָּה בְּלֹא סַרְסוּר, סֵיפָא – בְּסַרְסוּר עַצְמוֹ.

Rabbi Ela says: The mishna is referring to a case where the measuring vessel belongs to the middleman. The middleman lends it to the seller, and once it is filled it is loaned to the buyer so that he can transfer its contents into his vessels. The Gemara asks: But from the fact that the latter clause teaches: And if there was a middleman between them and the barrel broke, it broke for the middleman, it may be inferred that in the first clause we are not dealing with a middleman. The Gemara answers: The first clause addresses a measuring vessel belonging to a middleman without the presence of the middleman at the transaction, whereas the latter clause is concerned with a middleman himself, who is present at the sale and therefore accepts responsibility for the barrel and its contents.

הִרְכִּינָהּ וּמִיצֵּית – הֲרֵי הוּא שֶׁל מוֹכֵר. כִּי סָלֵיק רַבִּי אֶלְעָזָר, אַשְׁכְּחֵיהּ לִזְעֵירִי, אֲמַר לֵיהּ: מִי כָּאן תַּנָּא דְּאַתְנְיֵיהּ רַב מִדּוֹת? אַחַוְיֵיהּ רַב יִצְחָק בַּר אַבְדִּימִי. אָמַר לֵיהּ: מַאי קָא קַשְׁיָא לָךְ? דִּתְנַן: הִרְכִּינָהּ וּמִיצִּיתָ – הֲרֵי הוּא שֶׁל מוֹכֵר,

§ The mishna teaches that if he turned the barrel on its side and drained out the last bits of liquid within it, this liquid belongs to the seller. The Gemara relates: When Rabbi Elazar ascended from Babylonia to Eretz Yisrael, he found Ze’eiri and said to him: Who here is the tanna to whom Rav taught this halakha with regard to measures? Ze’eiri showed him Rav Yitzḥak bar Avdimi. Rav Yitzḥak bar Avdimi said to Rabbi Elazar: What is it about this halakha that poses a difficulty for you? Rabbi Elazar said to him that the problem is that we learned in the mishna: If he turned the barrel on its side and drained out the last bits of liquid within it, that liquid belongs to the seller.

וְהָתְנַן, הִרְכִּינָהּ וּמִיצָּהּ – הֲרֵי זוֹ תְּרוּמָה!

But didn’t we learn in a mishna (Terumot 11:8): If one poured oil or wine of teruma from one vessel to another and turned the vessel on its side and drained out the last bits of liquid inside, this is teruma and must be given to the priest? This indicates that the last remnants of the liquid in the vessel belong to the one who receives the oil or wine, not the owner, i.e., the seller. Why, then, does the mishna here teach that the last remnants belong to the seller?

אֲמַר לֵיהּ: הָא אִיתְּמַר עֲלַהּ, אָמַר רַבִּי אֲבָהוּ: מִשּׁוּם יֵאוּשׁ בְּעָלִים נָגְעוּ בָּהּ.

Rav Yitzḥak bar Avdimi said to Rabbi Elazar: But wasn’t it stated with regard to that mishna that Rabbi Abbahu says: Due to of the despair of the owner, who relinquishes his right to such a small amount of wine or oil, the Sages touched upon it and ruled that any remnants extracted from the vessel belong to the seller? By contrast, with regard to teruma, which is forbidden to non-priests, the despair of the buyer is irrelevant, and therefore anything that remains in the vessels is teruma.

וְהַחֶנְווֹנִי אֵינוֹ חַיָּיב לְהַטִּיף וְכוּ׳. אִיבַּעְיָא לְהוּ: רַבִּי יְהוּדָה – אַרֵישָׁא קָאֵי, וּלְקוּלָּא; אוֹ דִלְמָא אַסֵּיפָא קָאֵי, וּלְחוּמְרָא?

§ The mishna teaches: And a storekeeper is not obligated to drip three drops. Rabbi Yehuda says: If the sale occurs on Shabbat eve as nightfall arrives, one is exempt from dripping these three drops. A dilemma was raised before the Sages: Is Rabbi Yehuda referring to the first clause of the mishna, and if so his ruling is lenient, as the mishna states that one must drip three drops and he states that on Shabbat eve one is exempt from doing so? Or perhaps he is referring to the latter clause and is stringent, as the mishna teaches that a storekeeper is always exempt, whereas Rabbi Yehuda rules that this is the halakha only on Shabbat eve?

תָּא שְׁמַע: דְּתַנְיָא, רַבִּי יְהוּדָה אוֹמֵר: עֶרֶב שַׁבָּת עִם חֲשֵׁכָה – חֶנְווֹנִי פָּטוּר, מִפְּנֵי שֶׁחֶנְווֹנִי טָרוּד.

The Gemara answers: Come and hear a resolution of this dilemma, as it is taught in a baraita that Rabbi Yehuda says: On Shabbat eve at nightfall a storekeeper is exempt because the storekeeper is busy. This proves that Rabbi Yehuda was referring to the latter clause of the mishna, i.e., he exempts the storekeeper from dripping the drops only on Shabbat eve.

מַתְנִי׳ הַשּׁוֹלֵחַ אֶת בְּנוֹ אֵצֶל חֶנְווֹנִי וּפוֹנְדְּיוֹן בְּיָדוֹ, וּמָדַד לוֹ בְּאִיסָּר שֶׁמֶן וְנָתַן לוֹ אֶת הָאִיסָּר; שָׁבַר אֶת הַצְּלוֹחִית וְאִבֵּד אֶת הָאִיסָּר – חֶנְווֹנִי חַיָּיב. רַבִּי יְהוּדָה פּוֹטֵר, שֶׁעַל מְנָת כֵּן שְׁלָחוֹ. וּמוֹדִים חֲכָמִים לְרַבִּי יְהוּדָה בִּזְמַן שֶׁהַצְּלוֹחִית בְּיַד הַתִּינוֹק וּמָדַד חֶנְווֹנִי לְתוֹכָהּ – שֶׁחֶנְווֹנִי פָּטוּר.

MISHNA: With regard to one who sends his son to a storekeeper with a pundeyon, a coin worth two issar, in his hand, and the storekeeper measured oil for him for one issar and gave him the second issar as change, and the son broke the jug and lost the issar, the storekeeper must compensate the father, as he gave the jug and coin to one who is not halakhically competent. Rabbi Yehuda exempts him from liability, as he holds that the father sent his son in order to do this, i.e., to bring back the jug and coin. And the Rabbis concede to Rabbi Yehuda with regard to a case when the jug is in the hand of the child and the storekeeper measured the oil into it that the storekeeper is exempt if the child breaks the jug.

גְּמָ׳ בִּשְׁלָמָא בְּאִיסָּר וָשֶׁמֶן, בְּהָא פְּלִיגִי – דְּרַבָּנַן סָבְרִי: לְאוֹדוֹעֵי שַׁדְּרֵיהּ, וְרַבִּי יְהוּדָה סָבַר: לְשַׁדּוֹרֵי לֵיהּ שַׁדְּרֵיהּ; אֶלָּא שָׁבַר צְלוֹחִית – אֲבֵדָה מִדַּעַת הִיא!

GEMARA: Granted, with regard to the issar and the oil, one can explain that they disagree over this matter: As the Rabbis hold that the father sent his son to inform the storekeeper that he needed oil but did not intend for the storekeeper to send the oil with the boy. For this reason, if the storekeeper gave the child the oil he is liable for its loss. And Rabbi Yehuda holds that he sent his son so that the storekeeper would send him back with the oil, and therefore the storekeeper is exempt from liability. But if the child broke the jug, why do the Rabbis hold that the storekeeper is responsible for it? It is a deliberate loss on the part of the father, as he entrusted the jug to his young son, who is not responsible enough to care for it.

אָמַר רַב הוֹשַׁעְיָא: הָכָא בְּבַעַל הַבַּיִת מוֹכֵר צְלוֹחִיּוֹת עָסְקִינַן, וּכְגוֹן שֶׁנְּטָלָהּ חֶנְווֹנִי עַל מְנָת לְבַקְּרָהּ; וּכְדִשְׁמוּאֵל – דְּאָמַר שְׁמוּאֵל: הַנּוֹטֵל כְּלִי מִן הָאוּמָּן עַל מְנָת לְבַקְּרוֹ, וְנֶאֱנַס בְּיָדוֹ – חַיָּיב.

Rav Hoshaya said: Here we are dealing with a proprietor who sells jugs, and the father sent his son with a jug in case the store owner might want to buy it. And this is a case where the storekeeper took the jug in order to examine it, and the ruling is in accordance with a statement of Shmuel. As Shmuel says: With regard to one who takes a vessel from a craftsman in order to examine it and buy it if he chooses, and an accident occurred while it was in his possession and it broke, he is liable to pay restitution for the vessel. He has the halakhic status of a borrower, and therefore he bears financial responsibility for the loss.

לֵימָא דִּשְׁמוּאֵל תַּנָּאֵי הִיא?! אֶלָּא רַבָּה וְרַב יוֹסֵף דְּאָמְרִי תַּרְוַיְיהוּ: הָכָא בְּחֶנְווֹנִי מוֹכֵר צְלוֹחִיּוֹת עָסְקִינַן; וְאַזְדָּא רַבִּי יְהוּדָה לְטַעְמֵיהּ, וְרַבָּנַן לְטַעְמַיְיהוּ.

The Gemara asks: Shall we say that the opinion of Shmuel is subject to a dispute between tanna’im? Since Rabbi Yehuda disagrees with the Rabbis, his opinion evidently differs from that of Shmuel. Rather, Rabba and Rav Yosef both say that the disagreement in the mishna should be explained as follows: Here, we are dealing with a storekeeper who sells jugs, and the father sent his son to buy from him a jug filled with oil. And Rabbi Yehuda follows his line of reasoning, as explained above, that the father sent his son to bring back the merchandise, and the Rabbis follow their line of reasoning, that the father sent the son to inform the storekeeper what he needed, but not to carry it back.

אִי הָכִי, אֵימָא סֵיפָא – מוֹדִים חֲכָמִים לְרַבִּי יְהוּדָה בִּזְמַן שֶׁהַצְּלוֹחִית בְּיַד הַתִּינוֹק, וּמָדַד חֶנְווֹנִי לְתוֹכָהּ – שֶׁחֶנְווֹנִי פָּטוּר. וְהָא אָמְרַתְּ לְאוֹדוֹעֵי שַׁדְּרֵיהּ! אֶלָּא אַבָּיֵי בַּר אָבִין וְרַבִּי חֲנִינָא בַּר אָבִין דְאָמְרִי תַּרְוַיְיהוּ: הָכָא בְּמַאי עָסְקִינַן –

The Gemara asks: If that is so, say the last clause: The Rabbis concede to Rabbi Yehuda in a case when the jug was in the hand of the child, and the storekeeper measured the oil into it, that the storekeeper is exempt. Why would the Rabbis rule that the storekeeper is exempt? But you said that the father sent his son only to inform the storekeeper of his order, but he did not intend for the storekeeper to give anything to his son. Rather, Abaye bar Avin and Rabbi Ḥanina bar Avin both say that the disagreement in the mishna should be explained as follows: With what are we dealing here?

Want to follow content and continue where you left off?

Create an account today to track your progress, mark what you’ve learned, and follow the shiurim that speak to you.

Clear all items from this list?

This will remove ALL the items in this section. You will lose any progress or history connected to them. This is irreversible.

Cancel
Yes, clear all

Are you sure you want to delete this item?

You will lose any progress or history connected to this item.

Cancel
Yes, delete