Please ensure Javascript is enabled for purposes of website accessibility Skip to content

Today's Daf Yomi

November 23, 2016 | ื›ืดื‘ ื‘ืžืจื—ืฉื•ื•ืŸ ืชืฉืขืดื–

  • This month's learning is sponsored by Ron and Shira Krebs to commemorate the 73rd yahrzeit of Shira's grandfather (Yitzchak Leib Ben David Ber HaCohen v'Malka), the 1st yahrzeit of Shira's father (Gershon Pinya Ben Yitzchak Leib HaCohen v'Menucha Sara), and the bar mitzvah of their son Eytan who will be making a siyum on Mishna Shas this month.

  • This month's learning is sponsored for the refuah shleima of Naama bat Yael Esther.

Bava Metzia 58

The mishna states that in hekdesh cases, a shomerย who watches for free doesn’t have to swear to be exempt and a shomer who watches for pay doesn’t have to pay in cases of theft or loss. ย  Sources are brought that seem to contradict and various resolutions are brought. ย Rabbi Shimon and Rabbi Yehuda’s positions are brought and explained. ย The mishna then explains that in addition to exploitation of money that has been discussed at length in this chapter, there is also a Torah commandment against verbal abuse. ย Various examples are brought and the gemara stresses how serious an offense it is.


If the lesson doesn't play, click "Download"

ื ืฉื‘ืขื™ืŸ ืœื’ื–ื‘ืจื™ืŸ ื•ืื ืœืื• ื ืฉื‘ืขื™ืŸ ืœื‘ื ื™ ื”ืขื™ืจ ื•ื‘ื ื™ ื”ืขื™ืจ ืฉื•ืงืœื™ืŸ ืื—ืจื™ื ืชื—ืชื™ื”ืŸ ื ืžืฆืื• ืื• ืฉื”ื—ื–ื™ืจื•ื ื”ื’ื ื‘ื™ื ืืœื• ื•ืืœื• ืฉืงืœื™ื ื”ื ื•ืื™ืŸ ืขื•ืœื™ืŸ ืœื”ื ืœืฉื ื” ื”ื‘ืื”

the agents must take the oath of a bailee to the treasurers that they did not misappropriate the coins. If the collection of the chamber was not yet performed, the lost or stolen shekels remain the property of the residents of the city. Therefore, the agents take an oath to the residents of the city. The residents of the city then contribute other shekels in place of the original shekels. If the original shekels were then found or the thieves returned them, both these, the original shekels, and those, the replacement shekels, assume the status of consecrated shekels and belong to the Temple. But the two half-shekels that they contributed this year do not count to absolve them from their obligation to contribute the shekels for the following year. This mishna teaches that an unpaid bailee does take an oath concerning consecrated property, contrary to the mishna here.

ืืžืจ ืฉืžื•ืืœ ื”ื›ื ื‘ื ื•ืฉื ืฉื›ืจ ืขืกืงื™ื ืŸ ื•ื ืฉื‘ืขื™ืŸ ืœื™ื˜ื•ืœ ืฉื›ืจืŸ ืื™ ื”ื›ื™ ื ืฉื‘ืขื™ืŸ ืœื’ื–ื‘ืจื™ืŸ ืœื‘ื ื™ ื”ืขื™ืจ ืžื‘ืขื™ ืœื™ื” ืืžืจ ืจื‘ื” ื ืฉื‘ืขื™ืŸ ืœื‘ื ื™ ื”ืขื™ืจ ื‘ืžืขืžื“ ื’ื–ื‘ืจื™ืŸ ื›ื™ ื”ื™ื›ื™ ื“ืœื ื ื—ืฉื“ื™ื ื”ื• ื•ืื™ ื ืžื™ ื›ื™ ื”ื™ื›ื™ ื“ืœื ืœืงืจื• ืœื”ื• ืคื•ืฉืขื™ื

Shmuel said: Here we are dealing with paid bailees, and the purpose of the oath is not to exempt them from their liability to pay for the theft. Rather, they take an oath that they performed their task properly, in order to collect their wages. The Gemara asks: If so, is this phrase accurate: They take an oath to the treasurers? The tanna should have taught: They take an oath to the residents of the city, from whom they are claiming their wages. Rabba said: They take an oath to the residents of the city in the presence of the treasurers, so that the treasurers will not suspect that the residents of the city did not contribute their shekels at all. Alternatively, the agents take an oath that they executed their mission properly, so that the Temple treasurers will not call them negligent.

ื•ื”ื ื ื’ื ื‘ื• ืื• ืฉืื‘ื“ื• ืงืชื ื™ ื•ืฉื•ืžืจ ืฉื›ืจ ื‘ื’ื ื™ื‘ื” ื•ืื‘ื™ื“ื” ื—ื™ื•ื‘ื™ ืžื™ื—ื™ื™ื‘ ื•ื”ื›ื ื ืžื™ ื ื”ื™ ื“ืฉืœื•ืžื™ ืœื ืžืฉืœืžื™ ืื’ืจื™ื™ื”ื• ืžื™ื”ื ืœืคืกื™ื“

The Gemara asks: But isnโ€™t it taught in the mishna: And the coins were stolen or were lost en route, and paid bailees are liable to pay in cases of theft and loss? And here too, when safeguarding consecrated property, although paid bailees do not pay for the theft, as a paid bailee is exempt, let them at least forfeit their wages, as their responsibility to safeguard the money includes preventing theft and loss.

ืืžืจ ืจื‘ื” ื ื’ื ื‘ื• ื‘ืœืกื˜ื™ื ืžื–ื•ื™ื™ืŸ ืื‘ื“ื• ืฉื˜ื‘ืขื” ืกืคื™ื ืชื• ื‘ื™ื

Rabba said: When the tanna says that they were stolen, the reference is to a case where the item was stolen by armed bandits. When he said that they were lost, the reference is to a case where the agentโ€™s ship sank at sea. Since the shekels left his possession through circumstances beyond his control, this is considered an unavoidable accident, for which a paid bailee is exempt.

ืจื‘ื™ ื™ื•ื—ื ืŸ ืืžืจ ื”ื ืžื ื™ ืจื‘ื™ ืฉืžืขื•ืŸ ื”ื™ื ื“ืืžืจ ืงื“ืฉื™ื ืฉื—ื™ื™ื‘ ื‘ืื—ืจื™ื•ืชืŸ ื™ืฉ ืœื”ืŸ ืื•ื ืื” ื•ื ืฉื‘ืขื™ืŸ ืขืœื™ื”ื

Rabbi Yoแธฅanan said: In accordance with whose opinion is this mishna? It is in accordance with the opinion of Rabbi Shimon, who says: Consecrated items for which one bears responsibility to replace them are subject to the halakhot of exploitation, and therefore one takes an oath concerning them.

ื”ืชื™ื ื— ืขื“ ืฉืœื ื ืชืจืžื” ื”ืชืจื•ืžื” ืžืฉื ืชืจืžื” ื”ืชืจื•ืžื” ืงื“ืฉื™ื ืฉืื™ื ื• ื—ื™ื™ื‘ ื‘ืื—ืจื™ื•ืชืŸ ื ื™ื ื”ื• ื“ืชื ื™ื ืชื•ืจืžื™ืŸ ืขืœ ื”ืื‘ื•ื“ ื•ืขืœ ื”ื’ื‘ื•ื™ ื•ืขืœ ื”ืขืชื™ื“ ืœื’ื‘ื•ืช

The Gemara asks: This works out well if the contribution of the chamber had not yet been collected into the baskets. At that stage, residents of the city bear responsibility to replace the shekels, and that is why Rabbi Shimon deems the agent liable to take an oath. But if the shekels were lost or stolen once the contribution of the chamber had been collected, the shekels are tantamount to sacrificial animals for which one does not bear responsibility, and the residents of the city should be exempt, as it is taught in a baraita: One collects shekels in the Temple chamber with the intention of fulfilling the obligation for those coins that are lost on the way, and for those that are collected but did not yet arrive, and for those that are destined to be collected in the future. Apparently, the residents of the city no longer bear responsibility for the shekels.

ืืœื ืืžืจ ืจื‘ื™ ืืœืขื–ืจ ืฉื‘ื•ืขื” ื–ื• ืชืงื ืช ื—ื›ืžื™ื ื”ื™ื ืฉืœื ื™ื”ื• ื‘ื ื™ ืื“ื ืžื–ืœื–ืœื™ื ื‘ื”ืงื“ืฉื•ืช

The Gemara concludes: Rather, Rabbi Elazar said: This oath of the agents is a rabbinic ordinance, instituted so that people will not treat consecrated property with contempt. If they knew that there is no oath, they would neglect to safeguard the shekels properly.

ื ื•ืฉื ืฉื›ืจ ืื™ื ื• ืžืฉืœื ืจืžื™ ืœื™ื” ืจื‘ ื™ื•ืกืฃ ื‘ืจ ื—ืžื ืœืจื‘ื” ืชื ืŸ ื ื•ืฉื ืฉื›ืจ ืื™ื ื• ืžืฉืœื ื•ืจืžื™ื ื”ื• ื”ืฉื•ื›ืจ ืืช ื”ืคื•ืขืœ ืœืฉืžื•ืจ ืืช ื”ืคืจื” ืœืฉืžื•ืจ ืืช ื”ืชื™ื ื•ืง ืœืฉืžื•ืจ ืืช ื”ื–ืจืขื™ื ืื™ืŸ ื ื•ืชื ื™ื ืœื• ืฉื›ืจ ืฉื‘ืช ืœืคื™ื›ืš ืื™ืŸ ืื—ืจื™ื•ืช ืฉื‘ืช ืขืœื™ื•

ยง The mishna teaches: A paid bailee does not pay if these items were stolen or lost. Rav Yosef bar แธคama raises a contradiction before Rabba. We learned in the mishna: A paid bailee does not pay. And the Gemara raises a contradiction from a baraita: One who hires a day laborer to watch the red heifer to ensure that it is not disqualified, to watch the child to ensure that he remains ritually pure from birth in order to draw the water mixed with the ashes of the heifer, or to safeguard the seeds for the barley that will be used in the omer offering, does not give him wages for Shabbat. Therefore, if the items that the day laborer was entrusted to watch were lost on Shabbat, financial responsibility for their loss on Shabbat is not incumbent upon him, since he is not a paid bailee on that day.

ื”ื™ื” ืฉื›ื™ืจ ืฉื‘ืช ืฉื›ื™ืจ ื—ื“ืฉ ืฉื›ื™ืจ ืฉื ื” ืฉื›ื™ืจ ืฉื‘ื•ืข ื ื•ืชื ื™ืŸ ืœื• ืฉื›ืจ ืฉื‘ืช ืœืคื™ื›ืš ืื—ืจื™ื•ืช ืฉื‘ืช ืขืœื™ื• ืžืื™ ืœืื• ืœืฉืœื

The baraita continues: But if he was a laborer hired for a week, hired for a month, hired for a year, or hired for seven years, the one who hired him gives him wages for labor performed on Shabbat as well. Therefore, if the items were lost on Shabbat, financial responsibility for their loss on Shabbat is incumbent upon him. What, is it not that he is liable to pay for the loss he caused? As the list of the items being safeguarded includes consecrated items, this baraita apparently rules that a paid bailee bears responsibility for consecrated property.

ืœื ืœื”ืคืกื™ื“ ืฉื›ืจื• ืื™ ื”ื›ื™ ืจื™ืฉื ื“ืงืชื ื™ ืื™ืŸ ืื—ืจื™ื•ืช ืฉื‘ืช ืขืœื™ื• ื”ื›ื™ ื ืžื™ ื“ืœื”ืคืกื™ื“ ืฉื›ืจื• ื•ืžื™ ืื™ืช ืœื™ื” ืฉื›ืจ ืฉื‘ืช ื•ื”ื ืงืชื ื™ ืื™ืŸ ื ื•ืชื ื™ืŸ ืœื• ืฉื›ืจ ืฉื‘ืช ืืฉืชื™ืง

The Gemara rejects this: No, the ruling of the baraita stating that the bailee is responsible is only with regard to forfeiting his wages because he was derelict in safeguarding the items with which he was entrusted. Rav Yosef bar แธคama asks: If so, in the first clause of the baraita, which teaches that financial responsibility for their loss on Shabbat is not incumbent upon him, is this also with regard to forfeiting his wages? But does he have wages for the work he did on Shabbat? But isnโ€™t it taught that one does not give him wages for Shabbat? Clearly, the reference is to responsibility to pay for the safeguarded items themselves. Rabba was silent, unable to answer.

ืืžืจ ืœื™ื” ืžื™ื“ื™ ืฉืžื™ืข ืœืš ื‘ื”ื ืืžืจ ืœื™ื” ื”ื›ื™ ืืžืจ ืจื‘ ืฉืฉืช ื‘ืฉืงื ื• ืžื™ื“ื• ื•ื›ืŸ ืืžืจ ืจื‘ื™ ื™ื•ื—ื ืŸ ื‘ืฉืงื ื• ืžื™ื“ื•

Rabba said to Rav Yosef bar แธคama: Have you heard anything with regard to this? Rav Yosef bar แธคama said to him that this is what Rav Sheshet says: The ruling of the latter clause is stated with regard to a case where the laborers made a commitment to the one who hired them to take responsibility for the items, and they performed an act of acquisition with the one who hired them to reinforce that commitment. And likewise Rabbi Yoแธฅanan says: The ruling of the latter clause is stated with regard to a case where the laborers made a commitment to the one who hired them to take responsibility for the items, and they performed an act of acquisition with him.

ืจื‘ื™ ืฉืžืขื•ืŸ ืื•ืžืจ ืงื“ืฉื™ื ืฉื—ื™ื™ื‘ ื‘ืื—ืจื™ื•ืชืŸ ื™ืฉ ืœื”ืŸ ืื•ื ืื” ื•ืฉืื™ื ื• ื—ื™ื™ื‘ ื‘ืื—ืจื™ื•ืชืŸ ืื™ืŸ ืœื”ืŸ ืื•ื ืื” ืชื ื™ ืชื ื ืงืžื™ื” ื“ืจื‘ื™ ื™ืฆื—ืง ื‘ืจ ืื‘ื

ยง The mishna teaches that Rabbi Shimon says: Sacrificial animals for which one bears responsibility to replace them are subject to the halakhot of exploitation, and those for which one does not bear responsibility to replace them are not subject to the halakhot of exploitation. The Gemara relates that the tanna who recited mishnayot and baraitot in the study hall taught a baraita before Rabbi Yitzแธฅak bar Abba with regard to the source of the opinion of Rabbi Shimon. It is derived from the verse: โ€œIf anyone sins, and commits a trespass against the Lord, and deals falsely with his colleague in a matter of deposit, or of pledge, or of robbery, or has oppressed his neighborโ€ (Leviticus 5:21).

ืงื“ืฉื™ื ืฉื—ื™ื™ื‘ ื‘ืื—ืจื™ื•ืชืŸ ื—ื™ื™ื‘ ืฉืื ื™ ืงื•ืจื ื‘ื”ืŸ ื‘ื”ืณ ื•ื›ื—ืฉ ื•ืฉืื™ื ื• ื—ื™ื™ื‘ ื‘ืื—ืจื™ื•ืชืŸ ืคื˜ื•ืจ ืฉืื ื™ ืงื•ืจื ื‘ื”ืŸ ื‘ืขืžื™ืชื• ื•ื›ื—ืฉ

In that baraita, it is taught: For an oath concerning sacrificial animals for which one bears responsibility, one is liable to bring an offering for taking a false oath, as I apply the phrase โ€œagainst the Lord, and deals falsely.โ€ And for an oath concerning sacrificial animals for which one does not bear responsibility, one is exempt, as I read in their regard: With his neighbor, and deals falsely. That reading indicates that even one who deals falsely in matters related to the Lord, e.g., sacrificial animals, is liable to bring an offering for a false oath.

ืืžืจ ืœื™ื” ื›ืœืคื™ ืœื™ื™ื

Rabbi Yitzแธฅak said to him: Isnโ€™t it the opposite [kelapei layya]?

ืื™ืคื›ื ืžืกืชื‘ืจื ืืžืจ ืœื™ื” ืื™ืกืžื™ื”

The opposite is reasonable. An oath concerning sacrificial animals for which one does not bear responsibility is considered to be a matter related to the Lord even more than an oath concerning a sacrificial animal for which one bears responsibility, as in the latter case it is owned by the person in some respects. The tanna said to him: Should I delete this baraita because it is corrupted?

ืืžืจ ืœื™ื” ืœื ื”ื›ื™ ืงืืžืจ ืงื“ืฉื™ื ืฉื—ื™ื™ื‘ ื‘ืื—ืจื™ื•ืชืŸ ื—ื™ื™ื‘ ื“ืื™ืชืจื‘ื• ืžื‘ื”ืณ ื•ื›ื—ืฉ ื•ืฉืื™ื ื• ื—ื™ื™ื‘ ื‘ืื—ืจื™ื•ืชืŸ ืคื˜ื•ืจ ื“ืืžืขื™ื˜ ืžื‘ืขืžื™ืชื• ื•ื›ื—ืฉ

Rabbi Yitzแธฅak bar Abba said to him: No, this is what the baraita is saying: For an oath taken concerning sacrificial animals for which one bears responsibility, one is liable to bring an offering for a false oath, as it is included due to the phrase โ€œagainst the Lord, and deals falsely.โ€ It is derived from this that one is liable for taking a false oath even with regard to an item which belongs, to a certain degree, to the Lord. And with regard to sacrificial animals for which one does not bear responsibility, one is exempt, as it is excluded by the phrase: With his neighbor and deals falsely. It is derived from this that one is liable to bring an offering for a false oath only if it pertained to property that belongs to a layman, i.e., his neighbor, but not for an item that belongs completely to God, as is the case with regard to sacrificial animals for which one does not bear responsibility.

ืจื‘ื™ ื™ื”ื•ื“ื” ืื•ืžืจ ืืฃ ื”ืžื•ื›ืจ ืกืคืจ ืชื•ืจื” ืžืจื’ืœื™ืช ื•ื‘ื”ืžื” ืื™ืŸ ืœื”ื ืื•ื ืื” ืชื ื™ื ืจื‘ื™ ื™ื”ื•ื“ื” ืื•ืžืจ ืืฃ ื”ืžื•ื›ืจ ืกืคืจ ืชื•ืจื” ืื™ืŸ ืœื” ืื•ื ืื” ืœืคื™ ืฉืื™ืŸ ืงืฅ ืœื“ืžื™ื” ื‘ื”ืžื” ื•ืžืจื’ืœื™ืช ืื™ืŸ ืœื”ื ืื•ื ืื” ืžืคื ื™ ืฉืื“ื ืจื•ืฆื” ืœื–ื•ื•ื’ืŸ

ยง The mishna teaches: Rabbi Yehuda says: Even in the case of one who sells a Torah scroll, a pearl, or an animal, those items are not subject to the halakhot of exploitation. It is taught in a baraita that Rabbi Yehuda says: Even in the case of one who sells a Torah scroll, it is not subject to the halakhot of exploitation, as there is no limit to its value. It is the Torah of God, which is priceless. An animal and a pearl are not subject to the halakhot of exploitation because a person seeks to pair them. An animal is paired with an animal of similar strength so that they can be yoked together to work in the field. A pearl is paired with a similar pearl to fashion jewelry. Since there is a need to obtain a specific variant of these items, one is not particular about the price.

ืืžืจื• ืœื• ื•ื”ืœื ื”ื›ืœ ืื“ื ืจื•ืฆื” ืœื–ื•ื•ื’ืŸ ื•ืจื‘ื™ ื™ื”ื•ื“ื” ื”ื ื™ ื—ืฉื™ื‘ื™ ืœื™ื” ื•ื”ื ื™ ืœื ื—ืฉื™ื‘ื™ ืœื™ื” ื•ืขื“ ื›ืžื” ืืžืจ ืืžื™ืžืจ ืขื“ ื›ื“ื™ ื“ืžื™ื”ื

The baraita continues: The Rabbis said to him: But isnโ€™t it the case that with regard to every item, a person seeks to pair them with similar items under certain circumstances? According to your explanation, the halakhot of exploitation would never apply. The Gemara asks: And what does Rabbi Yehuda respond to that question? He claims that these are significant to a person, but those are not significant to him. In other words, it is particularly important to find a precise match for an animal and a pearl. The Gemara continues to analyze Rabbi Yehudaโ€™s opinion. And up to how much can one deviate from the value of items for which exploitation does not apply, as Rabbi Yehuda is clearly not saying that any deviation is acceptable? Ameimar said: One can deviate up to double their value.

ืชื ื™ื ืจื‘ื™ ื™ื”ื•ื“ื” ื‘ืŸ ื‘ืชื™ืจื ืื•ืžืจ ืืฃ ื”ืžื•ื›ืจ ืกื•ืก ื•ืกื™ื™ืฃ ื•ื—ื˜ื™ื˜ื•ื ื‘ืžืœื—ืžื” ืื™ืŸ ืœื”ื ืื•ื ืื” ืžืคื ื™ ืฉื™ืฉ ื‘ื”ืŸ ื—ื™ื™ ื ืคืฉ

It is taught in a baraita that Rabbi Yehuda ben Beteira says: Even in the case one who sells a horse, or a sword, or a helmet [veแธฅatitom] during wartime, these items are not subject to the halakhot of exploitation, because they then have the capacity to preserve life, and a person is willing to pay any price for them.

ืžืชื ื™ืณ ื›ืฉื ืฉืื•ื ืื” ื‘ืžืงื— ื•ืžืžื›ืจ ื›ืš ืื•ื ืื” ื‘ื“ื‘ืจื™ื ืœื ื™ืืžืจ ืœื• ื‘ื›ืžื” ื—ืคืฅ ื–ื” ื•ื”ื•ื ืื™ื ื• ืจื•ืฆื” ืœื™ืงื— ืื ื”ื™ื” ื‘ืขืœ ืชืฉื•ื‘ื” ืœื ื™ืืžืจ ืœื• ื–ื›ื•ืจ ืžืขืฉื™ืš ื”ืจืืฉื•ื ื™ื ืื ื”ื•ื ื‘ืŸ ื’ืจื™ื ืœื ื™ืืžืจ ืœื• ื–ื›ื•ืจ ืžืขืฉื” ืื‘ื•ืชื™ืš ืฉื ืืžืจ ื•ื’ืจ ืœื ืชื•ื ื” ื•ืœื ืชืœื—ืฆื ื•

MISHNA: Just as there is a prohibition against exploitation [onaโ€™a] in buying and selling, so is there onaโ€™a in statements, i.e., verbal mistreatment. The mishna proceeds to cite examples of verbal mistreatment. One may not say to a seller: For how much are you selling this item, if he does not wish to purchase it. He thereby upsets the seller when the deal fails to materialize. The mishna lists other examples: If one is a penitent, another may not say to him: Remember your earlier deeds. If one is the child of converts, another may not say to him: Remember the deeds of your ancestors, as it is stated: โ€œAnd a convert shall you neither mistreat, nor shall you oppress himโ€ (Exodus 22:20).

ื’ืžืณ ืชื ื• ืจื‘ื ืŸ ืœื ืชื•ื ื• ืื™ืฉ ืืช ืขืžื™ืชื• ื‘ืื•ื ืืช ื“ื‘ืจื™ื ื”ื›ืชื•ื‘ ืžื“ื‘ืจ ืืชื” ืื•ืžืจ ื‘ืื•ื ืืช ื“ื‘ืจื™ื ืื• ืื™ื ื• ืืœื ื‘ืื•ื ืืช ืžืžื•ืŸ ื›ืฉื”ื•ื ืื•ืžืจ ื•ื›ื™ ืชืžื›ืจื• ืžืžื›ืจ ืœืขืžื™ืชืš ืื• ืงื ื” ืžื™ื“ ืขืžื™ืชืš ื”ืจื™ ืื•ื ืืช ืžืžื•ืŸ ืืžื•ืจ ื”ื ืžื” ืื ื™ ืžืงื™ื™ื ืœื ืชื•ื ื• ืื™ืฉ ืืช ืขืžื™ืชื• ื‘ืื•ื ืืช ื“ื‘ืจื™ื

GEMARA: The Sages taught: It is written: โ€œAnd you shall not mistreat [tonu] one man his colleague; and you shall fear your God, for I am the Lord your Godโ€ (Leviticus 25:17). The tanna explains: The verse is speaking with regard to verbal mistreatment. The baraita proceeds: Do you say that it is speaking of verbal mistreatment [beโ€™onaโ€™at devarim], or perhaps it is speaking only with regard to monetary exploitation [beโ€™onaโ€™at mammon]? When it says in a previous verse: โ€œAnd if you sell to your colleague an item that is sold, or acquire from your colleagueโ€™s hand, you shall not exploit [tonu] his brotherโ€ (Leviticus 25:14), monetary exploitation is explicitly stated. How then do I realize the meaning of the verse: โ€œAnd you shall not mistreat one man his colleagueโ€? It is with regard to verbal mistreatment.

ื”ื ื›ื™ืฆื“ ืื ื”ื™ื” ื‘ืขืœ ืชืฉื•ื‘ื” ืืœ ื™ืืžืจ ืœื• ื–ื›ื•ืจ ืžืขืฉื™ืš ื”ืจืืฉื•ื ื™ื ืื ื”ื™ื” ื‘ืŸ ื’ืจื™ื ืืœ ื™ืืžืจ ืœื• ื–ื›ื•ืจ ืžืขืฉื” ืื‘ื•ืชื™ืš ืื ื”ื™ื” ื’ืจ ื•ื‘ื ืœืœืžื•ื“ ืชื•ืจื” ืืœ ื™ืืžืจ ืœื• ืคื” ืฉืื›ืœ ื ื‘ื™ืœื•ืช ื•ื˜ืจื™ืคื•ืช ืฉืงืฆื™ื ื•ืจืžืฉื™ื ื‘ื ืœืœืžื•ื“ ืชื•ืจื” ืฉื ืืžืจื” ืžืคื™ ื”ื’ื‘ื•ืจื”

How so? If one is a penitent, another may not say to him: Remember your earlier deeds. If one is the child of converts, another may not say to him: Remember the deed of your ancestors. If one is a convert and he came to study Torah, one may not say to him: Does the mouth that ate unslaughtered carcasses and animals that had wounds that would have caused them to die within twelve months [tereifot], and repugnant creatures, and creeping animals, comes to study Torah that was stated from the mouth of the Almighty?

ืื ื”ื™ื• ื™ืกื•ืจื™ืŸ ื‘ืื™ืŸ ืขืœื™ื• ืื ื”ื™ื• ื—ืœืื™ื ื‘ืื™ืŸ ืขืœื™ื• ืื• ืฉื”ื™ื” ืžืงื‘ืจ ืืช ื‘ื ื™ื• ืืœ ื™ืืžืจ ืœื• ื›ื“ืจืš ืฉืืžืจื• ืœื• ื—ื‘ื™ืจื™ื• ืœืื™ื•ื‘ ื”ืœื ื™ืจืืชืš ื›ืกืœืชืš ืชืงื•ืชืš ื•ืชื ื“ืจื›ื™ืš ื–ื›ืจ ื ื ืžื™ ื”ื•ื ื ืงื™ ืื‘ื“

If torments are afflicting a person, if illnesses are afflicting him, or if he is burying his children, one may not speak to him in the manner that the friends of Job spoke to him: โ€œIs not your fear of God your confidence, and your hope the integrity of your ways? Remember, I beseech you, whoever perished, being innocent?โ€ (Job 4:6โ€“7). Certainly you sinned, as otherwise you would not have suffered misfortune.

ืื ื”ื™ื• ื—ืžืจื™ื ืžื‘ืงืฉื™ืŸ ืชื‘ื•ืื” ืžืžื ื• ืœื ื™ืืžืจ ืœื”ื ืœื›ื• ืืฆืœ ืคืœื•ื ื™ ืฉื”ื•ื ืžื•ื›ืจ ืชื‘ื•ืื” ื•ื™ื•ื“ืข ื‘ื• ืฉืœื ืžื›ืจ ืžืขื•ืœื ืจื‘ื™ ื™ื”ื•ื“ื” ืื•ืžืจ ืืฃ ืœื ื™ืชืœื” ืขื™ื ื™ื• ืขืœ ื”ืžืงื— ื‘ืฉืขื” ืฉืื™ืŸ ืœื• ื“ืžื™ื ืฉื”ืจื™ ื”ื“ื‘ืจ ืžืกื•ืจ ืœืœื‘ ื•ื›ืœ ื“ื‘ืจ ื”ืžืกื•ืจ ืœืœื‘ ื ืืžืจ ื‘ื• ื•ื™ืจืืช ืžืืœื”ื™ืš

Likewise, if donkey drivers are asking to purchase grain from someone, and he has none, he may not say to them: Go to so-and-so, as he sells grain, if he knows about him that he never sold grain at all. He thereby causes the donkey drivers and the would-be seller anguish. Rabbi Yehuda says: One may not even cast his eyes on the merchandise for sale, creating the impression that he is interested, at a time when he does not have money to purchase it. Verbal mistreatment is not typically obvious, and it is difficult to ascertain the intent of the offender, as the matter is given to the heart of each individual, as only he knows what his intention was when he spoke. And with regard to any matter given to the heart, it is stated: โ€œAnd you shall fear your Godโ€ (Leviticus 25:17), as God is privy to the intent of the heart.

ืืžืจ ืจื‘ื™ ื™ื•ื—ื ืŸ ืžืฉื•ื ืจื‘ื™ ืฉืžืขื•ืŸ ื‘ืŸ ื™ื•ื—ืื™ ื’ื“ื•ืœ ืื•ื ืืช ื“ื‘ืจื™ื ืžืื•ื ืืช ืžืžื•ืŸ ืฉื–ื” ื ืืžืจ ื‘ื• ื•ื™ืจืืช ืžืืœื”ื™ืš ื•ื–ื” ืœื ื ืืžืจ ื‘ื• ื•ื™ืจืืช ืžืืœื”ื™ืš ื•ืจื‘ื™ ืืœืขื–ืจ ืื•ืžืจ ื–ื” ื‘ื’ื•ืคื• ื•ื–ื” ื‘ืžืžื•ื ื• ืจื‘ื™ ืฉืžื•ืืœ ื‘ืจ ื ื—ืžื ื™ ืืžืจ ื–ื” ื ื™ืชืŸ ืœื”ื™ืฉื‘ื•ืŸ ื•ื–ื” ืœื ื ื™ืชืŸ ืœื”ื™ืฉื‘ื•ืŸ

Rabbi Yoแธฅanan says in the name of Rabbi Shimon ben Yoแธฅai: Greater is the transgression of verbal mistreatment than the transgression of monetary exploitation, as with regard to this, verbal mistreatment, it is stated: โ€œAnd you shall fear your God.โ€ But with regard to that, monetary exploitation, it is not stated: โ€œAnd you shall fear your God.โ€ And Rabbi Elazar said this explanation: This, verbal mistreatment, affects oneโ€™s body; but that, monetary exploitation, affects oneโ€™s money. Rabbi Shmuel bar Naแธฅmani says: This, monetary exploitation, is given to restitution; but that, verbal mistreatment, is not given to restitution.

ืชื ื™ ืชื ื ืงืžื™ื” ื“ืจื‘ ื ื—ืžืŸ ื‘ืจ ื™ืฆื—ืง ื›ืœ ื”ืžืœื‘ื™ืŸ ืคื ื™ ื—ื‘ื™ืจื• ื‘ืจื‘ื™ื ื›ืื™ืœื• ืฉื•ืคืš ื“ืžื™ื ืืžืจ ืœื™ื” ืฉืคื™ืจ ืงื ืืžืจืช ื“ื—ื–ื™ื ื ืœื™ื” ื“ืื–ื™ืœ ืกื•ืžืงื ื•ืืชื™ ื—ื•ื•ืจื ืืžืจ ืœื™ื” ืื‘ื™ื™ ืœืจื‘ ื“ื™ืžื™ ื‘ืžืขืจื‘ื ื‘ืžืื™ ื–ื”ื™ืจื™ ืืžืจ ืœื™ื” ื‘ืื—ื•ื•ืจื™ ืืคื™ ื“ืืžืจ ืจื‘ื™ ื—ื ื™ื ื ื”ื›ืœ ื™ื•ืจื“ื™ืŸ ืœื’ื™ื”ื ื ื—ื•ืฅ ืžืฉืœืฉื”

The Gemara relates that the tanna who recited mishnayot and baraitot in the study hall taught a baraita before Rav Naแธฅman bar Yitzแธฅak: Anyone who humiliates another in public, it is as though he were spilling blood. Rav Naแธฅman bar Yitzแธฅak said to him: You have spoken well, as we see that after the humiliated person blushes, the red leaves his face and pallor comes in its place, which is tantamount to spilling his blood. Abaye said to Rav Dimi: In the West, i.e., Eretz Yisrael, with regard to what mitzva are they particularly vigilant? Rav Dimi said to him: They are vigilant in refraining from humiliating others, as Rabbi แธคanina says: Everyone descends to Gehenna except for three.

ื”ื›ืœ ืกืœืงื ื“ืขืชืš ืืœื ืื™ืžื ื›ืœ ื”ื™ื•ืจื“ื™ืŸ ืœื’ื™ื”ื ื ืขื•ืœื™ื ื—ื•ืฅ ืžืฉืœืฉื” ืฉื™ื•ืจื“ื™ืŸ ื•ืื™ืŸ ืขื•ืœื™ืŸ ื•ืืœื• ื”ืŸ ื”ื‘ื ืขืœ ืืฉืช ืื™ืฉ ื•ื”ืžืœื‘ื™ืŸ ืคื ื™ ื—ื‘ื™ืจื• ื‘ืจื‘ื™ื ื•ื”ืžื›ื ื” ืฉื ืจืข ืœื—ื‘ื™ืจื• ืžื›ื ื” ื”ื™ื™ื ื• ืžืœื‘ื™ืŸ ืืฃ ืขืœ ื’ื‘ ื“ื“ืฉ ื‘ื™ื” ื‘ืฉืžื™ื”

The Gemara asks: Does it enter your mind that everyone descends to Gehenna? Rather, say: Anyone who descends to Gehenna ultimately ascends, except for three who descend and do not ascend, and these are they: One who engages in intercourse with a married woman, as this transgression is a serious offense against both God and a person; and one who humiliates another in public; and one who calls another a derogatory name. The Gemara asks with regard to one who calls another a derogatory name: That is identical to one who shames him; why are they listed separately? The Gemara answers: Although the victim grew accustomed to being called that name in place of his name, and he is no longer humiliated by being called that name, since the intent was to insult him, the perpetratorโ€™s punishment is severe.

ืืžืจ ืจื‘ื” ื‘ืจ ื‘ืจ ื—ื ื” ืืžืจ ืจื‘ื™ ื™ื•ื—ื ืŸ

Rabba bar bar แธคana says that Rabbi Yoแธฅanan says:

  • This month's learning is sponsored by Ron and Shira Krebs to commemorate the 73rd yahrzeit of Shira's grandfather (Yitzchak Leib Ben David Ber HaCohen v'Malka), the 1st yahrzeit of Shira's father (Gershon Pinya Ben Yitzchak Leib HaCohen v'Menucha Sara), and the bar mitzvah of their son Eytan who will be making a siyum on Mishna Shas this month.

  • This month's learning is sponsored for the refuah shleima of Naama bat Yael Esther.

Want to explore more about the Daf?

See insights from our partners, contributors and community of women learners

Sorry, there aren't any posts in this category yet. We're adding more soon!

Bava Metzia 58

The William Davidson Talmud | Powered by Sefaria

Bava Metzia 58

ื ืฉื‘ืขื™ืŸ ืœื’ื–ื‘ืจื™ืŸ ื•ืื ืœืื• ื ืฉื‘ืขื™ืŸ ืœื‘ื ื™ ื”ืขื™ืจ ื•ื‘ื ื™ ื”ืขื™ืจ ืฉื•ืงืœื™ืŸ ืื—ืจื™ื ืชื—ืชื™ื”ืŸ ื ืžืฆืื• ืื• ืฉื”ื—ื–ื™ืจื•ื ื”ื’ื ื‘ื™ื ืืœื• ื•ืืœื• ืฉืงืœื™ื ื”ื ื•ืื™ืŸ ืขื•ืœื™ืŸ ืœื”ื ืœืฉื ื” ื”ื‘ืื”

the agents must take the oath of a bailee to the treasurers that they did not misappropriate the coins. If the collection of the chamber was not yet performed, the lost or stolen shekels remain the property of the residents of the city. Therefore, the agents take an oath to the residents of the city. The residents of the city then contribute other shekels in place of the original shekels. If the original shekels were then found or the thieves returned them, both these, the original shekels, and those, the replacement shekels, assume the status of consecrated shekels and belong to the Temple. But the two half-shekels that they contributed this year do not count to absolve them from their obligation to contribute the shekels for the following year. This mishna teaches that an unpaid bailee does take an oath concerning consecrated property, contrary to the mishna here.

ืืžืจ ืฉืžื•ืืœ ื”ื›ื ื‘ื ื•ืฉื ืฉื›ืจ ืขืกืงื™ื ืŸ ื•ื ืฉื‘ืขื™ืŸ ืœื™ื˜ื•ืœ ืฉื›ืจืŸ ืื™ ื”ื›ื™ ื ืฉื‘ืขื™ืŸ ืœื’ื–ื‘ืจื™ืŸ ืœื‘ื ื™ ื”ืขื™ืจ ืžื‘ืขื™ ืœื™ื” ืืžืจ ืจื‘ื” ื ืฉื‘ืขื™ืŸ ืœื‘ื ื™ ื”ืขื™ืจ ื‘ืžืขืžื“ ื’ื–ื‘ืจื™ืŸ ื›ื™ ื”ื™ื›ื™ ื“ืœื ื ื—ืฉื“ื™ื ื”ื• ื•ืื™ ื ืžื™ ื›ื™ ื”ื™ื›ื™ ื“ืœื ืœืงืจื• ืœื”ื• ืคื•ืฉืขื™ื

Shmuel said: Here we are dealing with paid bailees, and the purpose of the oath is not to exempt them from their liability to pay for the theft. Rather, they take an oath that they performed their task properly, in order to collect their wages. The Gemara asks: If so, is this phrase accurate: They take an oath to the treasurers? The tanna should have taught: They take an oath to the residents of the city, from whom they are claiming their wages. Rabba said: They take an oath to the residents of the city in the presence of the treasurers, so that the treasurers will not suspect that the residents of the city did not contribute their shekels at all. Alternatively, the agents take an oath that they executed their mission properly, so that the Temple treasurers will not call them negligent.

ื•ื”ื ื ื’ื ื‘ื• ืื• ืฉืื‘ื“ื• ืงืชื ื™ ื•ืฉื•ืžืจ ืฉื›ืจ ื‘ื’ื ื™ื‘ื” ื•ืื‘ื™ื“ื” ื—ื™ื•ื‘ื™ ืžื™ื—ื™ื™ื‘ ื•ื”ื›ื ื ืžื™ ื ื”ื™ ื“ืฉืœื•ืžื™ ืœื ืžืฉืœืžื™ ืื’ืจื™ื™ื”ื• ืžื™ื”ื ืœืคืกื™ื“

The Gemara asks: But isnโ€™t it taught in the mishna: And the coins were stolen or were lost en route, and paid bailees are liable to pay in cases of theft and loss? And here too, when safeguarding consecrated property, although paid bailees do not pay for the theft, as a paid bailee is exempt, let them at least forfeit their wages, as their responsibility to safeguard the money includes preventing theft and loss.

ืืžืจ ืจื‘ื” ื ื’ื ื‘ื• ื‘ืœืกื˜ื™ื ืžื–ื•ื™ื™ืŸ ืื‘ื“ื• ืฉื˜ื‘ืขื” ืกืคื™ื ืชื• ื‘ื™ื

Rabba said: When the tanna says that they were stolen, the reference is to a case where the item was stolen by armed bandits. When he said that they were lost, the reference is to a case where the agentโ€™s ship sank at sea. Since the shekels left his possession through circumstances beyond his control, this is considered an unavoidable accident, for which a paid bailee is exempt.

ืจื‘ื™ ื™ื•ื—ื ืŸ ืืžืจ ื”ื ืžื ื™ ืจื‘ื™ ืฉืžืขื•ืŸ ื”ื™ื ื“ืืžืจ ืงื“ืฉื™ื ืฉื—ื™ื™ื‘ ื‘ืื—ืจื™ื•ืชืŸ ื™ืฉ ืœื”ืŸ ืื•ื ืื” ื•ื ืฉื‘ืขื™ืŸ ืขืœื™ื”ื

Rabbi Yoแธฅanan said: In accordance with whose opinion is this mishna? It is in accordance with the opinion of Rabbi Shimon, who says: Consecrated items for which one bears responsibility to replace them are subject to the halakhot of exploitation, and therefore one takes an oath concerning them.

ื”ืชื™ื ื— ืขื“ ืฉืœื ื ืชืจืžื” ื”ืชืจื•ืžื” ืžืฉื ืชืจืžื” ื”ืชืจื•ืžื” ืงื“ืฉื™ื ืฉืื™ื ื• ื—ื™ื™ื‘ ื‘ืื—ืจื™ื•ืชืŸ ื ื™ื ื”ื• ื“ืชื ื™ื ืชื•ืจืžื™ืŸ ืขืœ ื”ืื‘ื•ื“ ื•ืขืœ ื”ื’ื‘ื•ื™ ื•ืขืœ ื”ืขืชื™ื“ ืœื’ื‘ื•ืช

The Gemara asks: This works out well if the contribution of the chamber had not yet been collected into the baskets. At that stage, residents of the city bear responsibility to replace the shekels, and that is why Rabbi Shimon deems the agent liable to take an oath. But if the shekels were lost or stolen once the contribution of the chamber had been collected, the shekels are tantamount to sacrificial animals for which one does not bear responsibility, and the residents of the city should be exempt, as it is taught in a baraita: One collects shekels in the Temple chamber with the intention of fulfilling the obligation for those coins that are lost on the way, and for those that are collected but did not yet arrive, and for those that are destined to be collected in the future. Apparently, the residents of the city no longer bear responsibility for the shekels.

ืืœื ืืžืจ ืจื‘ื™ ืืœืขื–ืจ ืฉื‘ื•ืขื” ื–ื• ืชืงื ืช ื—ื›ืžื™ื ื”ื™ื ืฉืœื ื™ื”ื• ื‘ื ื™ ืื“ื ืžื–ืœื–ืœื™ื ื‘ื”ืงื“ืฉื•ืช

The Gemara concludes: Rather, Rabbi Elazar said: This oath of the agents is a rabbinic ordinance, instituted so that people will not treat consecrated property with contempt. If they knew that there is no oath, they would neglect to safeguard the shekels properly.

ื ื•ืฉื ืฉื›ืจ ืื™ื ื• ืžืฉืœื ืจืžื™ ืœื™ื” ืจื‘ ื™ื•ืกืฃ ื‘ืจ ื—ืžื ืœืจื‘ื” ืชื ืŸ ื ื•ืฉื ืฉื›ืจ ืื™ื ื• ืžืฉืœื ื•ืจืžื™ื ื”ื• ื”ืฉื•ื›ืจ ืืช ื”ืคื•ืขืœ ืœืฉืžื•ืจ ืืช ื”ืคืจื” ืœืฉืžื•ืจ ืืช ื”ืชื™ื ื•ืง ืœืฉืžื•ืจ ืืช ื”ื–ืจืขื™ื ืื™ืŸ ื ื•ืชื ื™ื ืœื• ืฉื›ืจ ืฉื‘ืช ืœืคื™ื›ืš ืื™ืŸ ืื—ืจื™ื•ืช ืฉื‘ืช ืขืœื™ื•

ยง The mishna teaches: A paid bailee does not pay if these items were stolen or lost. Rav Yosef bar แธคama raises a contradiction before Rabba. We learned in the mishna: A paid bailee does not pay. And the Gemara raises a contradiction from a baraita: One who hires a day laborer to watch the red heifer to ensure that it is not disqualified, to watch the child to ensure that he remains ritually pure from birth in order to draw the water mixed with the ashes of the heifer, or to safeguard the seeds for the barley that will be used in the omer offering, does not give him wages for Shabbat. Therefore, if the items that the day laborer was entrusted to watch were lost on Shabbat, financial responsibility for their loss on Shabbat is not incumbent upon him, since he is not a paid bailee on that day.

ื”ื™ื” ืฉื›ื™ืจ ืฉื‘ืช ืฉื›ื™ืจ ื—ื“ืฉ ืฉื›ื™ืจ ืฉื ื” ืฉื›ื™ืจ ืฉื‘ื•ืข ื ื•ืชื ื™ืŸ ืœื• ืฉื›ืจ ืฉื‘ืช ืœืคื™ื›ืš ืื—ืจื™ื•ืช ืฉื‘ืช ืขืœื™ื• ืžืื™ ืœืื• ืœืฉืœื

The baraita continues: But if he was a laborer hired for a week, hired for a month, hired for a year, or hired for seven years, the one who hired him gives him wages for labor performed on Shabbat as well. Therefore, if the items were lost on Shabbat, financial responsibility for their loss on Shabbat is incumbent upon him. What, is it not that he is liable to pay for the loss he caused? As the list of the items being safeguarded includes consecrated items, this baraita apparently rules that a paid bailee bears responsibility for consecrated property.

ืœื ืœื”ืคืกื™ื“ ืฉื›ืจื• ืื™ ื”ื›ื™ ืจื™ืฉื ื“ืงืชื ื™ ืื™ืŸ ืื—ืจื™ื•ืช ืฉื‘ืช ืขืœื™ื• ื”ื›ื™ ื ืžื™ ื“ืœื”ืคืกื™ื“ ืฉื›ืจื• ื•ืžื™ ืื™ืช ืœื™ื” ืฉื›ืจ ืฉื‘ืช ื•ื”ื ืงืชื ื™ ืื™ืŸ ื ื•ืชื ื™ืŸ ืœื• ืฉื›ืจ ืฉื‘ืช ืืฉืชื™ืง

The Gemara rejects this: No, the ruling of the baraita stating that the bailee is responsible is only with regard to forfeiting his wages because he was derelict in safeguarding the items with which he was entrusted. Rav Yosef bar แธคama asks: If so, in the first clause of the baraita, which teaches that financial responsibility for their loss on Shabbat is not incumbent upon him, is this also with regard to forfeiting his wages? But does he have wages for the work he did on Shabbat? But isnโ€™t it taught that one does not give him wages for Shabbat? Clearly, the reference is to responsibility to pay for the safeguarded items themselves. Rabba was silent, unable to answer.

ืืžืจ ืœื™ื” ืžื™ื“ื™ ืฉืžื™ืข ืœืš ื‘ื”ื ืืžืจ ืœื™ื” ื”ื›ื™ ืืžืจ ืจื‘ ืฉืฉืช ื‘ืฉืงื ื• ืžื™ื“ื• ื•ื›ืŸ ืืžืจ ืจื‘ื™ ื™ื•ื—ื ืŸ ื‘ืฉืงื ื• ืžื™ื“ื•

Rabba said to Rav Yosef bar แธคama: Have you heard anything with regard to this? Rav Yosef bar แธคama said to him that this is what Rav Sheshet says: The ruling of the latter clause is stated with regard to a case where the laborers made a commitment to the one who hired them to take responsibility for the items, and they performed an act of acquisition with the one who hired them to reinforce that commitment. And likewise Rabbi Yoแธฅanan says: The ruling of the latter clause is stated with regard to a case where the laborers made a commitment to the one who hired them to take responsibility for the items, and they performed an act of acquisition with him.

ืจื‘ื™ ืฉืžืขื•ืŸ ืื•ืžืจ ืงื“ืฉื™ื ืฉื—ื™ื™ื‘ ื‘ืื—ืจื™ื•ืชืŸ ื™ืฉ ืœื”ืŸ ืื•ื ืื” ื•ืฉืื™ื ื• ื—ื™ื™ื‘ ื‘ืื—ืจื™ื•ืชืŸ ืื™ืŸ ืœื”ืŸ ืื•ื ืื” ืชื ื™ ืชื ื ืงืžื™ื” ื“ืจื‘ื™ ื™ืฆื—ืง ื‘ืจ ืื‘ื

ยง The mishna teaches that Rabbi Shimon says: Sacrificial animals for which one bears responsibility to replace them are subject to the halakhot of exploitation, and those for which one does not bear responsibility to replace them are not subject to the halakhot of exploitation. The Gemara relates that the tanna who recited mishnayot and baraitot in the study hall taught a baraita before Rabbi Yitzแธฅak bar Abba with regard to the source of the opinion of Rabbi Shimon. It is derived from the verse: โ€œIf anyone sins, and commits a trespass against the Lord, and deals falsely with his colleague in a matter of deposit, or of pledge, or of robbery, or has oppressed his neighborโ€ (Leviticus 5:21).

ืงื“ืฉื™ื ืฉื—ื™ื™ื‘ ื‘ืื—ืจื™ื•ืชืŸ ื—ื™ื™ื‘ ืฉืื ื™ ืงื•ืจื ื‘ื”ืŸ ื‘ื”ืณ ื•ื›ื—ืฉ ื•ืฉืื™ื ื• ื—ื™ื™ื‘ ื‘ืื—ืจื™ื•ืชืŸ ืคื˜ื•ืจ ืฉืื ื™ ืงื•ืจื ื‘ื”ืŸ ื‘ืขืžื™ืชื• ื•ื›ื—ืฉ

In that baraita, it is taught: For an oath concerning sacrificial animals for which one bears responsibility, one is liable to bring an offering for taking a false oath, as I apply the phrase โ€œagainst the Lord, and deals falsely.โ€ And for an oath concerning sacrificial animals for which one does not bear responsibility, one is exempt, as I read in their regard: With his neighbor, and deals falsely. That reading indicates that even one who deals falsely in matters related to the Lord, e.g., sacrificial animals, is liable to bring an offering for a false oath.

ืืžืจ ืœื™ื” ื›ืœืคื™ ืœื™ื™ื

Rabbi Yitzแธฅak said to him: Isnโ€™t it the opposite [kelapei layya]?

ืื™ืคื›ื ืžืกืชื‘ืจื ืืžืจ ืœื™ื” ืื™ืกืžื™ื”

The opposite is reasonable. An oath concerning sacrificial animals for which one does not bear responsibility is considered to be a matter related to the Lord even more than an oath concerning a sacrificial animal for which one bears responsibility, as in the latter case it is owned by the person in some respects. The tanna said to him: Should I delete this baraita because it is corrupted?

ืืžืจ ืœื™ื” ืœื ื”ื›ื™ ืงืืžืจ ืงื“ืฉื™ื ืฉื—ื™ื™ื‘ ื‘ืื—ืจื™ื•ืชืŸ ื—ื™ื™ื‘ ื“ืื™ืชืจื‘ื• ืžื‘ื”ืณ ื•ื›ื—ืฉ ื•ืฉืื™ื ื• ื—ื™ื™ื‘ ื‘ืื—ืจื™ื•ืชืŸ ืคื˜ื•ืจ ื“ืืžืขื™ื˜ ืžื‘ืขืžื™ืชื• ื•ื›ื—ืฉ

Rabbi Yitzแธฅak bar Abba said to him: No, this is what the baraita is saying: For an oath taken concerning sacrificial animals for which one bears responsibility, one is liable to bring an offering for a false oath, as it is included due to the phrase โ€œagainst the Lord, and deals falsely.โ€ It is derived from this that one is liable for taking a false oath even with regard to an item which belongs, to a certain degree, to the Lord. And with regard to sacrificial animals for which one does not bear responsibility, one is exempt, as it is excluded by the phrase: With his neighbor and deals falsely. It is derived from this that one is liable to bring an offering for a false oath only if it pertained to property that belongs to a layman, i.e., his neighbor, but not for an item that belongs completely to God, as is the case with regard to sacrificial animals for which one does not bear responsibility.

ืจื‘ื™ ื™ื”ื•ื“ื” ืื•ืžืจ ืืฃ ื”ืžื•ื›ืจ ืกืคืจ ืชื•ืจื” ืžืจื’ืœื™ืช ื•ื‘ื”ืžื” ืื™ืŸ ืœื”ื ืื•ื ืื” ืชื ื™ื ืจื‘ื™ ื™ื”ื•ื“ื” ืื•ืžืจ ืืฃ ื”ืžื•ื›ืจ ืกืคืจ ืชื•ืจื” ืื™ืŸ ืœื” ืื•ื ืื” ืœืคื™ ืฉืื™ืŸ ืงืฅ ืœื“ืžื™ื” ื‘ื”ืžื” ื•ืžืจื’ืœื™ืช ืื™ืŸ ืœื”ื ืื•ื ืื” ืžืคื ื™ ืฉืื“ื ืจื•ืฆื” ืœื–ื•ื•ื’ืŸ

ยง The mishna teaches: Rabbi Yehuda says: Even in the case of one who sells a Torah scroll, a pearl, or an animal, those items are not subject to the halakhot of exploitation. It is taught in a baraita that Rabbi Yehuda says: Even in the case of one who sells a Torah scroll, it is not subject to the halakhot of exploitation, as there is no limit to its value. It is the Torah of God, which is priceless. An animal and a pearl are not subject to the halakhot of exploitation because a person seeks to pair them. An animal is paired with an animal of similar strength so that they can be yoked together to work in the field. A pearl is paired with a similar pearl to fashion jewelry. Since there is a need to obtain a specific variant of these items, one is not particular about the price.

ืืžืจื• ืœื• ื•ื”ืœื ื”ื›ืœ ืื“ื ืจื•ืฆื” ืœื–ื•ื•ื’ืŸ ื•ืจื‘ื™ ื™ื”ื•ื“ื” ื”ื ื™ ื—ืฉื™ื‘ื™ ืœื™ื” ื•ื”ื ื™ ืœื ื—ืฉื™ื‘ื™ ืœื™ื” ื•ืขื“ ื›ืžื” ืืžืจ ืืžื™ืžืจ ืขื“ ื›ื“ื™ ื“ืžื™ื”ื

The baraita continues: The Rabbis said to him: But isnโ€™t it the case that with regard to every item, a person seeks to pair them with similar items under certain circumstances? According to your explanation, the halakhot of exploitation would never apply. The Gemara asks: And what does Rabbi Yehuda respond to that question? He claims that these are significant to a person, but those are not significant to him. In other words, it is particularly important to find a precise match for an animal and a pearl. The Gemara continues to analyze Rabbi Yehudaโ€™s opinion. And up to how much can one deviate from the value of items for which exploitation does not apply, as Rabbi Yehuda is clearly not saying that any deviation is acceptable? Ameimar said: One can deviate up to double their value.

ืชื ื™ื ืจื‘ื™ ื™ื”ื•ื“ื” ื‘ืŸ ื‘ืชื™ืจื ืื•ืžืจ ืืฃ ื”ืžื•ื›ืจ ืกื•ืก ื•ืกื™ื™ืฃ ื•ื—ื˜ื™ื˜ื•ื ื‘ืžืœื—ืžื” ืื™ืŸ ืœื”ื ืื•ื ืื” ืžืคื ื™ ืฉื™ืฉ ื‘ื”ืŸ ื—ื™ื™ ื ืคืฉ

It is taught in a baraita that Rabbi Yehuda ben Beteira says: Even in the case one who sells a horse, or a sword, or a helmet [veแธฅatitom] during wartime, these items are not subject to the halakhot of exploitation, because they then have the capacity to preserve life, and a person is willing to pay any price for them.

ืžืชื ื™ืณ ื›ืฉื ืฉืื•ื ืื” ื‘ืžืงื— ื•ืžืžื›ืจ ื›ืš ืื•ื ืื” ื‘ื“ื‘ืจื™ื ืœื ื™ืืžืจ ืœื• ื‘ื›ืžื” ื—ืคืฅ ื–ื” ื•ื”ื•ื ืื™ื ื• ืจื•ืฆื” ืœื™ืงื— ืื ื”ื™ื” ื‘ืขืœ ืชืฉื•ื‘ื” ืœื ื™ืืžืจ ืœื• ื–ื›ื•ืจ ืžืขืฉื™ืš ื”ืจืืฉื•ื ื™ื ืื ื”ื•ื ื‘ืŸ ื’ืจื™ื ืœื ื™ืืžืจ ืœื• ื–ื›ื•ืจ ืžืขืฉื” ืื‘ื•ืชื™ืš ืฉื ืืžืจ ื•ื’ืจ ืœื ืชื•ื ื” ื•ืœื ืชืœื—ืฆื ื•

MISHNA: Just as there is a prohibition against exploitation [onaโ€™a] in buying and selling, so is there onaโ€™a in statements, i.e., verbal mistreatment. The mishna proceeds to cite examples of verbal mistreatment. One may not say to a seller: For how much are you selling this item, if he does not wish to purchase it. He thereby upsets the seller when the deal fails to materialize. The mishna lists other examples: If one is a penitent, another may not say to him: Remember your earlier deeds. If one is the child of converts, another may not say to him: Remember the deeds of your ancestors, as it is stated: โ€œAnd a convert shall you neither mistreat, nor shall you oppress himโ€ (Exodus 22:20).

ื’ืžืณ ืชื ื• ืจื‘ื ืŸ ืœื ืชื•ื ื• ืื™ืฉ ืืช ืขืžื™ืชื• ื‘ืื•ื ืืช ื“ื‘ืจื™ื ื”ื›ืชื•ื‘ ืžื“ื‘ืจ ืืชื” ืื•ืžืจ ื‘ืื•ื ืืช ื“ื‘ืจื™ื ืื• ืื™ื ื• ืืœื ื‘ืื•ื ืืช ืžืžื•ืŸ ื›ืฉื”ื•ื ืื•ืžืจ ื•ื›ื™ ืชืžื›ืจื• ืžืžื›ืจ ืœืขืžื™ืชืš ืื• ืงื ื” ืžื™ื“ ืขืžื™ืชืš ื”ืจื™ ืื•ื ืืช ืžืžื•ืŸ ืืžื•ืจ ื”ื ืžื” ืื ื™ ืžืงื™ื™ื ืœื ืชื•ื ื• ืื™ืฉ ืืช ืขืžื™ืชื• ื‘ืื•ื ืืช ื“ื‘ืจื™ื

GEMARA: The Sages taught: It is written: โ€œAnd you shall not mistreat [tonu] one man his colleague; and you shall fear your God, for I am the Lord your Godโ€ (Leviticus 25:17). The tanna explains: The verse is speaking with regard to verbal mistreatment. The baraita proceeds: Do you say that it is speaking of verbal mistreatment [beโ€™onaโ€™at devarim], or perhaps it is speaking only with regard to monetary exploitation [beโ€™onaโ€™at mammon]? When it says in a previous verse: โ€œAnd if you sell to your colleague an item that is sold, or acquire from your colleagueโ€™s hand, you shall not exploit [tonu] his brotherโ€ (Leviticus 25:14), monetary exploitation is explicitly stated. How then do I realize the meaning of the verse: โ€œAnd you shall not mistreat one man his colleagueโ€? It is with regard to verbal mistreatment.

ื”ื ื›ื™ืฆื“ ืื ื”ื™ื” ื‘ืขืœ ืชืฉื•ื‘ื” ืืœ ื™ืืžืจ ืœื• ื–ื›ื•ืจ ืžืขืฉื™ืš ื”ืจืืฉื•ื ื™ื ืื ื”ื™ื” ื‘ืŸ ื’ืจื™ื ืืœ ื™ืืžืจ ืœื• ื–ื›ื•ืจ ืžืขืฉื” ืื‘ื•ืชื™ืš ืื ื”ื™ื” ื’ืจ ื•ื‘ื ืœืœืžื•ื“ ืชื•ืจื” ืืœ ื™ืืžืจ ืœื• ืคื” ืฉืื›ืœ ื ื‘ื™ืœื•ืช ื•ื˜ืจื™ืคื•ืช ืฉืงืฆื™ื ื•ืจืžืฉื™ื ื‘ื ืœืœืžื•ื“ ืชื•ืจื” ืฉื ืืžืจื” ืžืคื™ ื”ื’ื‘ื•ืจื”

How so? If one is a penitent, another may not say to him: Remember your earlier deeds. If one is the child of converts, another may not say to him: Remember the deed of your ancestors. If one is a convert and he came to study Torah, one may not say to him: Does the mouth that ate unslaughtered carcasses and animals that had wounds that would have caused them to die within twelve months [tereifot], and repugnant creatures, and creeping animals, comes to study Torah that was stated from the mouth of the Almighty?

ืื ื”ื™ื• ื™ืกื•ืจื™ืŸ ื‘ืื™ืŸ ืขืœื™ื• ืื ื”ื™ื• ื—ืœืื™ื ื‘ืื™ืŸ ืขืœื™ื• ืื• ืฉื”ื™ื” ืžืงื‘ืจ ืืช ื‘ื ื™ื• ืืœ ื™ืืžืจ ืœื• ื›ื“ืจืš ืฉืืžืจื• ืœื• ื—ื‘ื™ืจื™ื• ืœืื™ื•ื‘ ื”ืœื ื™ืจืืชืš ื›ืกืœืชืš ืชืงื•ืชืš ื•ืชื ื“ืจื›ื™ืš ื–ื›ืจ ื ื ืžื™ ื”ื•ื ื ืงื™ ืื‘ื“

If torments are afflicting a person, if illnesses are afflicting him, or if he is burying his children, one may not speak to him in the manner that the friends of Job spoke to him: โ€œIs not your fear of God your confidence, and your hope the integrity of your ways? Remember, I beseech you, whoever perished, being innocent?โ€ (Job 4:6โ€“7). Certainly you sinned, as otherwise you would not have suffered misfortune.

ืื ื”ื™ื• ื—ืžืจื™ื ืžื‘ืงืฉื™ืŸ ืชื‘ื•ืื” ืžืžื ื• ืœื ื™ืืžืจ ืœื”ื ืœื›ื• ืืฆืœ ืคืœื•ื ื™ ืฉื”ื•ื ืžื•ื›ืจ ืชื‘ื•ืื” ื•ื™ื•ื“ืข ื‘ื• ืฉืœื ืžื›ืจ ืžืขื•ืœื ืจื‘ื™ ื™ื”ื•ื“ื” ืื•ืžืจ ืืฃ ืœื ื™ืชืœื” ืขื™ื ื™ื• ืขืœ ื”ืžืงื— ื‘ืฉืขื” ืฉืื™ืŸ ืœื• ื“ืžื™ื ืฉื”ืจื™ ื”ื“ื‘ืจ ืžืกื•ืจ ืœืœื‘ ื•ื›ืœ ื“ื‘ืจ ื”ืžืกื•ืจ ืœืœื‘ ื ืืžืจ ื‘ื• ื•ื™ืจืืช ืžืืœื”ื™ืš

Likewise, if donkey drivers are asking to purchase grain from someone, and he has none, he may not say to them: Go to so-and-so, as he sells grain, if he knows about him that he never sold grain at all. He thereby causes the donkey drivers and the would-be seller anguish. Rabbi Yehuda says: One may not even cast his eyes on the merchandise for sale, creating the impression that he is interested, at a time when he does not have money to purchase it. Verbal mistreatment is not typically obvious, and it is difficult to ascertain the intent of the offender, as the matter is given to the heart of each individual, as only he knows what his intention was when he spoke. And with regard to any matter given to the heart, it is stated: โ€œAnd you shall fear your Godโ€ (Leviticus 25:17), as God is privy to the intent of the heart.

ืืžืจ ืจื‘ื™ ื™ื•ื—ื ืŸ ืžืฉื•ื ืจื‘ื™ ืฉืžืขื•ืŸ ื‘ืŸ ื™ื•ื—ืื™ ื’ื“ื•ืœ ืื•ื ืืช ื“ื‘ืจื™ื ืžืื•ื ืืช ืžืžื•ืŸ ืฉื–ื” ื ืืžืจ ื‘ื• ื•ื™ืจืืช ืžืืœื”ื™ืš ื•ื–ื” ืœื ื ืืžืจ ื‘ื• ื•ื™ืจืืช ืžืืœื”ื™ืš ื•ืจื‘ื™ ืืœืขื–ืจ ืื•ืžืจ ื–ื” ื‘ื’ื•ืคื• ื•ื–ื” ื‘ืžืžื•ื ื• ืจื‘ื™ ืฉืžื•ืืœ ื‘ืจ ื ื—ืžื ื™ ืืžืจ ื–ื” ื ื™ืชืŸ ืœื”ื™ืฉื‘ื•ืŸ ื•ื–ื” ืœื ื ื™ืชืŸ ืœื”ื™ืฉื‘ื•ืŸ

Rabbi Yoแธฅanan says in the name of Rabbi Shimon ben Yoแธฅai: Greater is the transgression of verbal mistreatment than the transgression of monetary exploitation, as with regard to this, verbal mistreatment, it is stated: โ€œAnd you shall fear your God.โ€ But with regard to that, monetary exploitation, it is not stated: โ€œAnd you shall fear your God.โ€ And Rabbi Elazar said this explanation: This, verbal mistreatment, affects oneโ€™s body; but that, monetary exploitation, affects oneโ€™s money. Rabbi Shmuel bar Naแธฅmani says: This, monetary exploitation, is given to restitution; but that, verbal mistreatment, is not given to restitution.

ืชื ื™ ืชื ื ืงืžื™ื” ื“ืจื‘ ื ื—ืžืŸ ื‘ืจ ื™ืฆื—ืง ื›ืœ ื”ืžืœื‘ื™ืŸ ืคื ื™ ื—ื‘ื™ืจื• ื‘ืจื‘ื™ื ื›ืื™ืœื• ืฉื•ืคืš ื“ืžื™ื ืืžืจ ืœื™ื” ืฉืคื™ืจ ืงื ืืžืจืช ื“ื—ื–ื™ื ื ืœื™ื” ื“ืื–ื™ืœ ืกื•ืžืงื ื•ืืชื™ ื—ื•ื•ืจื ืืžืจ ืœื™ื” ืื‘ื™ื™ ืœืจื‘ ื“ื™ืžื™ ื‘ืžืขืจื‘ื ื‘ืžืื™ ื–ื”ื™ืจื™ ืืžืจ ืœื™ื” ื‘ืื—ื•ื•ืจื™ ืืคื™ ื“ืืžืจ ืจื‘ื™ ื—ื ื™ื ื ื”ื›ืœ ื™ื•ืจื“ื™ืŸ ืœื’ื™ื”ื ื ื—ื•ืฅ ืžืฉืœืฉื”

The Gemara relates that the tanna who recited mishnayot and baraitot in the study hall taught a baraita before Rav Naแธฅman bar Yitzแธฅak: Anyone who humiliates another in public, it is as though he were spilling blood. Rav Naแธฅman bar Yitzแธฅak said to him: You have spoken well, as we see that after the humiliated person blushes, the red leaves his face and pallor comes in its place, which is tantamount to spilling his blood. Abaye said to Rav Dimi: In the West, i.e., Eretz Yisrael, with regard to what mitzva are they particularly vigilant? Rav Dimi said to him: They are vigilant in refraining from humiliating others, as Rabbi แธคanina says: Everyone descends to Gehenna except for three.

ื”ื›ืœ ืกืœืงื ื“ืขืชืš ืืœื ืื™ืžื ื›ืœ ื”ื™ื•ืจื“ื™ืŸ ืœื’ื™ื”ื ื ืขื•ืœื™ื ื—ื•ืฅ ืžืฉืœืฉื” ืฉื™ื•ืจื“ื™ืŸ ื•ืื™ืŸ ืขื•ืœื™ืŸ ื•ืืœื• ื”ืŸ ื”ื‘ื ืขืœ ืืฉืช ืื™ืฉ ื•ื”ืžืœื‘ื™ืŸ ืคื ื™ ื—ื‘ื™ืจื• ื‘ืจื‘ื™ื ื•ื”ืžื›ื ื” ืฉื ืจืข ืœื—ื‘ื™ืจื• ืžื›ื ื” ื”ื™ื™ื ื• ืžืœื‘ื™ืŸ ืืฃ ืขืœ ื’ื‘ ื“ื“ืฉ ื‘ื™ื” ื‘ืฉืžื™ื”

The Gemara asks: Does it enter your mind that everyone descends to Gehenna? Rather, say: Anyone who descends to Gehenna ultimately ascends, except for three who descend and do not ascend, and these are they: One who engages in intercourse with a married woman, as this transgression is a serious offense against both God and a person; and one who humiliates another in public; and one who calls another a derogatory name. The Gemara asks with regard to one who calls another a derogatory name: That is identical to one who shames him; why are they listed separately? The Gemara answers: Although the victim grew accustomed to being called that name in place of his name, and he is no longer humiliated by being called that name, since the intent was to insult him, the perpetratorโ€™s punishment is severe.

ืืžืจ ืจื‘ื” ื‘ืจ ื‘ืจ ื—ื ื” ืืžืจ ืจื‘ื™ ื™ื•ื—ื ืŸ

Rabba bar bar แธคana says that Rabbi Yoแธฅanan says:

Scroll To Top