The Mishna rules that one who loans with collateral has the level of responsibility for the collateral akin to a paid worker. It seems that the Mishna does not follow the opinion of Rabbi Eliezer, who holds that if the collateral is lost, the lender can take an oath and be exempt, like a shomer chinam. The Gemara then attempts in two different ways to reconcile the Mishna’s ruling even according to Rabbi Eliezer. However, this is rejected because Rabbi Akiva disagrees with Rabbi Eliezer, and since most unattributed Mishnayot accord with Rabbi Akiva’s opinion, the Gemara prefers to reconcile the Mishna according to Rabbi Akiva. There are four different explanations suggested to explain the situation in which Rabbi Eliezer and Rabbi Akiva disagree and the basis of their disagreement. The halakha follows Abba Shaul, as quoted in the Mishna, that one can rent out a collateral of a poor person and deduct the rent amount from the loan. If one is moving a barrel of another and it breaks, there is a debate between Rabbi Meir and Rabbi Yehuda about whether the halakha distinguishes between one who was paid for the job and one who was not. Rabbi Meir rules that both are exempt if it was not intentional. However, this contradicts Rabbi Meir’s opinion in Bava Kamma that one who trips is considered negligent. Rabbi Elazar explained that there are two different opinions about what Rabbi Meir held. Rabbi Yehuda considers one who broke the barrel as similar to an item getting lost or stolen and therefore distinguishes between one who was paid and one who did it for free. Rabbi Elazar claims the ruling is like Rabbi Meir, but he does not understand how each can swear and exempt themselves.
Bava Metzia
Masechet Bava Metzia is sponsored by Rabbi Art Gould in memory of his beloved bride of 50 years, Carol Joy Robinson, Karina Gola bat Huddah v’Yehuda Tzvi.
רבות בנות עשו חיל ואת עלית על־כלנה
This week’s learning is sponsored by Robert and Paula Cohen in loving memory of Joseph Cohen, Yosef ben Moshe HaCohen, z”l. “He was hard working, loved to sing, esp. as a chazan, and was very dedicated to his family and community.”
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Bava Metzia
Masechet Bava Metzia is sponsored by Rabbi Art Gould in memory of his beloved bride of 50 years, Carol Joy Robinson, Karina Gola bat Huddah v’Yehuda Tzvi.
רבות בנות עשו חיל ואת עלית על־כלנה
This week’s learning is sponsored by Robert and Paula Cohen in loving memory of Joseph Cohen, Yosef ben Moshe HaCohen, z”l. “He was hard working, loved to sing, esp. as a chazan, and was very dedicated to his family and community.”
Bava Metzia 82
הִלְוָהוּ עַל הַמַּשְׁכּוֹן קָתָנֵי! אֶלָּא לָא קַשְׁיָא: כָּאן – שֶׁהִלְוָהוּ מָעוֹת, כָּאן – שֶׁהִלְוָהוּ פֵּירוֹת.
teach the same phrase: One who lent to another based on collateral, which indicates that the collateral was given at the time of the loan? Rather, the Gemara proposes a different resolution: It is not difficult. Here, the baraita is referring to a case where he lent him money, whereas there, the mishna is referring to a situation where he lent him produce. Since produce will spoil, the lender benefits from the deal, as he will receive fresher produce in return. Therefore, he is considered a paid bailee for the collateral.
וְהָא מִדְּקָתָנֵי סֵיפָא, רַבִּי יְהוּדָה אוֹמֵר: הִלְוָהוּ מָעוֹת – שׁוֹמֵר חִנָּם, הִלְוָהוּ פֵּירוֹת – שׁוֹמֵר שָׂכָר. מִכְלָל דִּלְתַנָּא קַמָּא לָא שָׁנֵי לֵיהּ!
The Gemara raises a difficulty: But from the fact that the latter clause of the mishna teaches that Rabbi Yehuda says: One who lent another money is an unpaid bailee, whereas one who lent another produce is a paid bailee, by inference you can conclude that according to the first tanna there is no difference between one who lends money and one who lends produce. If so, the proposed resolution does not fit the text.
כּוּלַּהּ רַבִּי יְהוּדָה הִיא, וְחַסּוֹרֵי מִיחַסְּרָא וְהָכִי קָתָנֵי: הִלְוָהוּ עַל הַמַּשְׁכּוֹן – שׁוֹמֵר שָׂכָר, בַּמֶּה דְּבָרִים אֲמוּרִים – שֶׁהִלְוָהוּ פֵּירוֹת, אֲבָל הִלְוָהוּ מָעוֹת – שׁוֹמֵר חִנָּם. שֶׁרַבִּי יְהוּדָה אוֹמֵר: הִלְוָהוּ מָעוֹת – שׁוֹמֵר חִנָּם, הִלְוָהוּ פֵּירוֹת – שׁוֹמֵר שָׂכָר.
The Gemara responds: The entire mishna is in accordance with the opinion of Rabbi Yehuda, and the mishna is incomplete and this is what it is teaching: One who lent to another based on collateral is a paid bailee. In what case is this statement said? When he lent him produce. But if he lent him money, he is an unpaid bailee. As Rabbi Yehuda says: One who lent another money is an unpaid bailee with regard to the collateral, whereas one who lent produce is a paid bailee.
אִי הָכִי, קָמָה לַהּ מַתְנִיתִין דְּלָא כְּרַבִּי עֲקִיבָא. אֶלָּא מְחַוַּורְתָּא מַתְנִיתִין דְּלָא כְּרַבִּי אֱלִיעֶזֶר.
The Gemara raises a difficulty: If that is so, it turns out that the mishna is established not in accordance with the opinion of Rabbi Akiva. This is problematic, as most of the Sages of the mishna were Rabbi Akiva’s students, and anonymous mishnayot are generally presumed to follow his rulings. Rather, it is clear that the mishna is not in accordance with the opinion of Rabbi Eliezer.
לֵימָא בִּדְלָא שָׁוֵי מַשְׁכּוֹן שִׁיעוּר זוּזֵי, וּבְדִשְׁמוּאֵל קָא מִיפַּלְגִי. דְּאָמַר שְׁמוּאֵל: הַאי מַאן דְּאוֹזְפֵיהּ אַלְפָּא זוּזֵי לְחַבְרֵיהּ וְאַנַּח לֵיהּ קַתָּא דְמַגְּלָא עִילָּוַיְיהוּ, אֲבַד קַתָּא דְמַגְּלָא – אֲבַדוּ אַלְפָּא זוּזֵי.
The Gemara suggests: Let us say that the dispute between Rabbi Akiva and Rabbi Eliezer applies only in a case where the collateral is not equal to the monetary value of the loan, and they disagree with regard to a statement of Shmuel. As Shmuel says: With regard to one who lends one thousand dinars to another and the borrower puts before the lender as collateral for the loan the handle of a sickle, which is worth only a small fraction of the loan, nevertheless, if the sickle is lost, the thousand dinars are lost. The Gemara is suggesting that Rabbi Akiva would agree with this ruling, whereas Rabbi Eliezer would disagree with it.
אִי בִּדְלָא שָׁוֵי מַשְׁכּוֹן שִׁיעוּר זוּזֵי – דְּכוּלֵּי עָלְמָא לֵית לְהוּ דִּשְׁמוּאֵל, וְהָכָא בִּדְשָׁוֵי שִׁיעוּר זוּזֵי, וְקָא מִיפַּלְגִי בִּדְרַבִּי יִצְחָק.
The Gemara rejects this suggestion: If the case is one where the collateral is not equal to the amount of money constituting the loan, everyone holds that the halakha is not in accordance with the opinion of Shmuel. But here the dispute is referring to a situation where the collateral does equal the amount of the money constituting the loan, and they disagree with regard to a statement of Rabbi Yitzḥak.
דְּאָמַר רַבִּי יִצְחָק: מִנַּיִן לְבַעַל חוֹב שֶׁקּוֹנֶה מַשְׁכּוֹן, שֶׁנֶּאֱמַר: ״וּלְךָ תִּהְיֶה צְדָקָה״. אִם אֵינוֹ קוֹנֶה מַשְׁכּוֹן, צְדָקָה מְנָא לֵיהּ? מִכָּאן לְבַעַל חוֹב שֶׁקּוֹנֶה מַשְׁכּוֹן.
As Rabbi Yitzḥak says: From where is it derived that a creditor acquires collateral given to him and is considered its owner as long as the item is in his possession? It is derived from a verse, as it is stated: “You shall return the pledge to him when the sun goes down that he may sleep in his garment, and bless you; and it shall be a righteousness for you before the Lord your God” (Exodus 24:13). Rabbi Yitzḥak infers: If the creditor does not acquire the collateral, then from where is the righteousness involved in returning it? In this case, the creditor would not be giving up anything of his own. From here it is derived that a creditor acquires the collateral.
וְתִסְבְּרָא? אֵימוֹר דְּאָמַר רַבִּי יִצְחָק בְּמִשְׁכְּנוֹ שֶׁלֹּא בִּשְׁעַת הַלְוָאָתוֹ, אֲבָל מִשְׁכְּנוֹ בִּשְׁעַת הַלְוָאָתוֹ – מִי אָמַר?
The Gemara rejects this suggestion: And can you understand it that way? You can say that Rabbi Yitzḥak stated this halakha in a case where he took his collateral not at the time of his loan but at a later stage, in order to collect his debt. But did Rabbi Yitzḥak say this ruling in a situation where he took his collateral at the time of his loan?
אֶלָּא מִשְׁכְּנוֹ שֶׁלֹּא בִּשְׁעַת הַלְוָאָתוֹ – כּוּלֵּי עָלְמָא אִית לְהוּ דְּרַבִּי יִצְחָק. וְהָכָא בְּמִשְׁכְּנוֹ בִּשְׁעַת הַלְוָאָתוֹ, וּבְשׁוֹמֵר אֲבֵידָה קָא מִיפַּלְגִי. דְּאִיתְּמַר: שׁוֹמֵר אֲבֵידָה, רַבָּה אָמַר: כְּשׁוֹמֵר חִנָּם, רַב יוֹסֵף אָמַר: כְּשׁוֹמֵר שָׂכָר.
Rather, if he took his collateral not at the time of his loan, everyone holds in accordance with the opinion of Rabbi Yitzḥak. And here it is discussing a case where he took his collateral at the time of his loan, and Rabbi Eliezer and Rabbi Akiva disagree with regard to the case of a bailee of a lost item. As it was stated that amora’im disagreed concerning the responsibility of the bailee for a lost item. If someone found a lost item and it is subsequently lost or stolen from him, what responsibility does he bear toward the owner? Rabba said: This individual is considered to be like an unpaid bailee. Rav Yosef said: He is like a paid bailee.
לֵימָא דְּרַב יוֹסֵף תַּנָּאֵי הִיא? לָא, בְּשׁוֹמֵר אֲבֵידָה – דְּכוּלֵּי עָלְמָא אִית לְהוּ דְּרַב יוֹסֵף, וְהָכָא
The Gemara suggests: Let us say that the opinion of Rav Yosef is the subject of a dispute between tanna’im. There is no question that Rabba’s opinion is the subject of a dispute between tanna’im, as Rabbi Akiva’s opinion cannot be reconciled with his ruling: If one who takes collateral for his loan is considered a paid bailee, the same certainly applies to one who goes out of his way to safeguard a lost item. The Gemara is asking whether there is any way to explain Rav Yosef’s ruling in accordance with the opinions of both tanna’im, or if he must accept that Rabbi Eliezer disputes his opinion. The Gemara responds: No, it is possible with regard to a bailee for a lost item that everyone holds in accordance with the opinion of Rav Yosef, even Rabbi Eliezer. And here, in the baraita,
בְּמִלְוֶה צָרִיךְ לְמַשְׁכּוֹן קָמִיפַּלְגִי. מָר סָבַר: מִצְוָה קָא עָבֵיד שֶׁהִלְוָהוּ, וְהָוֵי שׁוֹמֵר שָׂכָר. וּמָר סָבַר: לָאו מִצְוָה קָא עָבֵיד, שֶׁלַּהֲנָאָתוֹ מִתְכַּוֵּין, וְהָוֵי שׁוֹמֵר חִנָּם.
they disagree with regard to a lender who needs the collateral, i.e., the lender wants to use the collateral and deduct the value of its use from the amount of the loan. One Sage, Rabbi Akiva, holds that he is performing a mitzva in that he lent to him, and therefore he is considered a paid bailee. And one Sage, Rabbi Eliezer, holds that he is not performing a mitzva, as his intention is to lend for his own benefit. And consequently he is considered an unpaid bailee for the collateral.
אַבָּא שָׁאוּל אוֹמֵר: מוּתָּר לָאָדָם לְהַשְׂכִּיר מַשְׁכּוֹנוֹ שֶׁל עָנִי לִהְיוֹת פּוֹחֵת וְהוֹלֵךְ. אָמַר רַב חָנָן בַּר אַמֵּי אָמַר שְׁמוּאֵל: הֲלָכָה כְּאַבָּא שָׁאוּל. וְאַף אַבָּא שָׁאוּל לָא אָמַר אֶלָּא בְּמָרָא וּפָסָל וְקַרְדּוֹם, הוֹאִיל וּנְפִישׁ אַגְרַיְיהוּ וְזוּטַר פְּחָתַיְיהוּ.
§ The mishna teaches that Abba Shaul says: It is permitted for a person to rent out a poor person’s collateral that was given to him for a loan, so that he shall set a rental price for it and thereby progressively reduce the debt, because this is considered like returning a lost item. Rav Ḥanan bar Ami says that Shmuel says: The halakha is in accordance with the opinion of Abba Shaul, but even Abba Shaul said his ruling only with regard to a hoe, a chisel, and an ax, since the remuneration from these utensils is great and their depreciation is small.
מַתְנִי׳ הַמַּעֲבִיר חָבִית מִמָּקוֹם לְמָקוֹם וּשְׁבָרָהּ, בֵּין שׁוֹמֵר חִנָּם בֵּין שׁוֹמֵר שָׂכָר – יִשָּׁבַע. רַבִּי אֱלִיעֶזֶר אוֹמֵר: זֶה וְזֶה יִשָּׁבַע, וְתָמֵיהַּ אֲנִי אִם יְכוֹלִין זֶה וָזֶה לִישָּׁבַע.
MISHNA: With regard to one who was transporting a barrel from one place to another and he broke it, whether he was an unpaid bailee or a paid bailee, if he takes an oath that he was not negligent he is exempt from payment. Rabbi Eliezer says: Both this one, an unpaid bailee, and that one, a paid bailee, must take an oath to exempt themselves from payment, but I wonder whether both this one and that one can take an oath. In other words, this is the halakha that I heard from my teachers, but I do not understand their ruling.
גְּמָ׳ תָּנוּ רַבָּנַן: הַמַּעֲבִיר חָבִית לַחֲבֵירוֹ מִמָּקוֹם לְמָקוֹם וּשְׁבָרָהּ, בֵּין שׁוֹמֵר חִנָּם בֵּין שׁוֹמֵר שָׂכָר – יִשָּׁבַע, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹמֵר: שׁוֹמֵר חִנָּם – יִשָּׁבַע, נוֹשֵׂא שָׂכָר – יְשַׁלֵּם. רַבִּי אֱלִיעֶזֶר אוֹמֵר: זֶה וְזֶה יִשָּׁבַע, וְתָמֵיהַּ אֲנִי אִם יְכוֹלִין זֶה וָזֶה לִישָּׁבַע.
GEMARA: The Sages taught: With regard to one who was transporting a barrel for another person from one place to another and he broke it, whether he was an unpaid bailee or a paid bailee, if he takes an oath that he was not negligent, he is exempt from payment. This is the statement of Rabbi Meir. Rabbi Yehuda says: An unpaid bailee takes an oath and does not pay, but a paid bailee pays. Rabbi Eliezer says: This one and that one take an oath, and I wonder whether both this one and that one can take an oath.
לְמֵימְרָא דְּסָבַר רַבִּי מֵאִיר נִתְקַל לָאו פּוֹשֵׁעַ הוּא? וְהָתַנְיָא: נִשְׁבְּרָה כַּדּוֹ וְלֹא סִילְּקָהּ נָפְלָה גְּמַלּוֹ וְלֹא הֶעֱמִידָהּ, רַבִּי מֵאִיר מְחַיֵּיב בְּהֶיזֵּיקָן, וַחֲכָמִים אוֹמְרִים: פָּטוּר מִדִּינֵי אָדָם וְחַיָּיב בְּדִינֵי שָׁמַיִם. וְקַיְימָא לַן דִּבְנִתְקַל פּוֹשֵׁעַ פְּלִיגִי!
The Gemara analyzes these opinions. Is that to say that Rabbi Meir holds that one who stumbles is not considered negligent, but the victim of an accident? But isn’t it taught in a baraita: If one’s pitcher broke in a public place and he did not remove it from there, or if his camel fell and he did not stand it up, Rabbi Meir renders him liable for the damage they caused? And the Rabbis say that he is exempt according to human laws but is liable according to the laws of Heaven. Although the court cannot impose liability, nevertheless he is morally culpable. And we maintain that they disagree with regard to the question of whether one who stumbles is negligent. This indicates that Rabbi Meir holds that one who stumbles is considered negligent.
אָמַר רַבִּי אֶלְעָזָר: תִּבְרַהּ, מִי שֶׁשָּׁנָה זוֹ לֹא שָׁנָה זוֹ. וַאֲתָא רַבִּי יְהוּדָה לְמֵימַר: שׁוֹמֵר חִנָּם – יִשָּׁבַע, נוֹשֵׂא שָׂכָר – יְשַׁלֵּם. הַאי כִּי דִינֵיהּ וְהַאי כִּי דִינֵיהּ. וַאֲתָא רַבִּי אֱלִיעֶזֶר לְמֵימַר: אִין, גְּמָרָא כְּרַבִּי מֵאִיר. וּמִיהוּ תָּמֵיהַּ אֲנִי אִם יְכוֹלִין זֶה וָזֶה לִישָּׁבַע.
Rabbi Elazar said: Break the mishna, as he who taught this did not teach that, i.e., there are two traditions with regard to Rabbi Meir’s opinion. And Rabbi Yehuda came to say a different ruling: An unpaid bailee takes an oath and does not pay while a paid bailee pays, this one in accordance with his law and that one in accordance with his law, as an unpaid bailee is exempt from liability for theft and loss, while a paid bailee is liable in those cases and exempt only in cases of circumstances beyond his control. And Rabbi Eliezer came to say: Yes, there is a tradition that is in accordance with the opinion of Rabbi Meir, as I learned from my teachers, but I wonder whether both this one and that one can take an oath.
בִּשְׁלָמָא שׁוֹמֵר חִנָּם מִשְׁתְּבַע דְּלָא פְּשַׁע בַּהּ: אֶלָּא שׁוֹמֵר שָׂכָר אַמַּאי מִשְׁתְּבַע? כִּי לָא פְּשַׁע נָמֵי שַׁלּוֹמֵי בָּעֵי. וַאֲפִילּוּ שׁוֹמֵר חִנָּם נָמֵי, הָתִינַח בִּמְקוֹם מִדְרוֹן. שֶׁלֹּא בִּמְקוֹם מִדְרוֹן, מִי מָצֵי מִשְׁתְּבַע דְּלָא פְּשַׁע בַּהּ!
The Gemara asks: Granted, an unpaid bailee takes an oath that he was not negligent with regard to the barrel, as required by Torah law, but why does a paid bailee take an oath? Even if he was not negligent he is still required to pay, as he is obligated to pay for theft and loss. And even with regard to an unpaid bailee, this works out well if the barrel broke on an inclined plane [midron], as the accident occurred due to the difficulty of transporting it, but if it broke not on an inclined plane but under different circumstances, how can he take an oath that he was not negligent with it? Evidently his negligence caused the accident.
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Meet the diverse women learning Gemara at Hadran and hear their stories.
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.
Englewood NJ, United States
Years ago, I attended the local Siyum HaShas with my high school class. It was inspiring! Through that cycle and the next one, I studied masekhtot on my own and then did “daf yomi practice.” The amazing Hadran Siyum HaShas event firmed my resolve to “really do” Daf Yomi this time. It has become a family goal. We’ve supported each other through challenges, and now we’re at the Siyum of Seder Moed!
Jerusalem, Israel
Geri Goldstein got me started learning daf yomi when I was in Israel 2 years ago. It’s been a challenge and I’ve learned a lot though I’m sure I miss a lot. I quilt as I listen and I want to share what I’ve been working on.
Ottawa, Canada
I started learning Dec 2019 after reading “If all the Seas Were Ink”. I found
Daily daf sessions of Rabbanit Michelle in her house teaching, I then heard about the siyum and a new cycle starting wow I am in! Afternoon here in Sydney, my family and friends know this is my sacred time to hide away to live zoom and learn. Often it’s hard to absorb and relate then a gem shines touching my heart.
Dover Heights, Australia
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.
Ra’anana, Israel
When we heard that R. Michelle was starting daf yomi, my 11-year-old suggested that I go. Little did she know that she would lose me every morning from then on. I remember standing at the Farbers’ door, almost too shy to enter. After that first class, I said that I would come the next day but couldn’t commit to more. A decade later, I still look forward to learning from R. Michelle every morning.
Ra’anana, Israel
Oceanside NY, United States
New York, United States
Richmond, CA, United States
I had dreamed of doing daf yomi since I had my first serious Talmud class 18 years ago at Pardes with Rahel Berkovitz, and then a couple of summers with Leah Rosenthal. There is no way I would be able to do it without another wonderful teacher, Michelle, and the Hadran organization. I wake up and am excited to start each day with the next daf.
Irvine, United States
I heard about the syium in January 2020 & I was excited to start learning then the pandemic started. Learning Daf became something to focus on but also something stressful. As the world changed around me & my family I had to adjust my expectations for myself & the world. Daf Yomi & the Hadran podcast has been something I look forward to every day. It gives me a moment of centering & Judaism daily.
Denver, United States
I began my journey with Rabbanit Michelle more than five years ago. My friend came up with a great idea for about 15 of us to learn the daf and one of us would summarize weekly what we learned.
It was fun but after 2-3 months people began to leave. I have continued. Since the cycle began Again I have joined the Teaneck women.. I find it most rewarding in so many ways. Thank you
New Jersey, United States
Margo
I started my Talmud journey in 7th grade at Akiba Jewish Day School in Chicago. I started my Daf Yomi journey after hearing Erica Brown speak at the Hadran Siyum about marking the passage of time through Daf Yomi.
Carolyn
I started my Talmud journey post-college in NY with a few classes. I started my Daf Yomi journey after the Hadran Siyum, which inspired both my son and myself.
Merion Station, USA
Beit Shemesh, Israel
I have joined the community of daf yomi learners at the start of this cycle. I have studied in different ways – by reading the page, translating the page, attending a local shiur and listening to Rabbanit Farber’s podcasts, depending on circumstances and where I was at the time. The reactions have been positive throughout – with no exception!
Guildford, United Kingdom
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.
Givat Zev, Israel
I started my journey on the day I realized that the Siyum was happening in Yerushalayim and I was missing out. What? I told myself. How could I have not known about this? How can I have missed out on this opportunity? I decided that moment, I would start Daf Yomi and Nach Yomi the very next day. I am so grateful to Hadran. I am changed forever because I learn Gemara with women. Thank you.
Mitspe, Israel
I started last year after completing the Pesach Sugiyot class. Masechet Yoma might seem like a difficult set of topics, but for me made Yom Kippur and the Beit HaMikdash come alive. Liturgy I’d always had trouble connecting with took on new meaning as I gained a sense of real people moving through specific spaces in particular ways. It was the perfect introduction; I am so grateful for Hadran!
Minnesota, United States
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 .
Kfar Saba, Israel
Tel Aviv, Israel
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.
Englewood NJ, United States
Bava Metzia 82
הִלְוָהוּ עַל הַמַּשְׁכּוֹן קָתָנֵי! אֶלָּא לָא קַשְׁיָא: כָּאן – שֶׁהִלְוָהוּ מָעוֹת, כָּאן – שֶׁהִלְוָהוּ פֵּירוֹת.
teach the same phrase: One who lent to another based on collateral, which indicates that the collateral was given at the time of the loan? Rather, the Gemara proposes a different resolution: It is not difficult. Here, the baraita is referring to a case where he lent him money, whereas there, the mishna is referring to a situation where he lent him produce. Since produce will spoil, the lender benefits from the deal, as he will receive fresher produce in return. Therefore, he is considered a paid bailee for the collateral.
וְהָא מִדְּקָתָנֵי סֵיפָא, רַבִּי יְהוּדָה אוֹמֵר: הִלְוָהוּ מָעוֹת – שׁוֹמֵר חִנָּם, הִלְוָהוּ פֵּירוֹת – שׁוֹמֵר שָׂכָר. מִכְלָל דִּלְתַנָּא קַמָּא לָא שָׁנֵי לֵיהּ!
The Gemara raises a difficulty: But from the fact that the latter clause of the mishna teaches that Rabbi Yehuda says: One who lent another money is an unpaid bailee, whereas one who lent another produce is a paid bailee, by inference you can conclude that according to the first tanna there is no difference between one who lends money and one who lends produce. If so, the proposed resolution does not fit the text.
כּוּלַּהּ רַבִּי יְהוּדָה הִיא, וְחַסּוֹרֵי מִיחַסְּרָא וְהָכִי קָתָנֵי: הִלְוָהוּ עַל הַמַּשְׁכּוֹן – שׁוֹמֵר שָׂכָר, בַּמֶּה דְּבָרִים אֲמוּרִים – שֶׁהִלְוָהוּ פֵּירוֹת, אֲבָל הִלְוָהוּ מָעוֹת – שׁוֹמֵר חִנָּם. שֶׁרַבִּי יְהוּדָה אוֹמֵר: הִלְוָהוּ מָעוֹת – שׁוֹמֵר חִנָּם, הִלְוָהוּ פֵּירוֹת – שׁוֹמֵר שָׂכָר.
The Gemara responds: The entire mishna is in accordance with the opinion of Rabbi Yehuda, and the mishna is incomplete and this is what it is teaching: One who lent to another based on collateral is a paid bailee. In what case is this statement said? When he lent him produce. But if he lent him money, he is an unpaid bailee. As Rabbi Yehuda says: One who lent another money is an unpaid bailee with regard to the collateral, whereas one who lent produce is a paid bailee.
אִי הָכִי, קָמָה לַהּ מַתְנִיתִין דְּלָא כְּרַבִּי עֲקִיבָא. אֶלָּא מְחַוַּורְתָּא מַתְנִיתִין דְּלָא כְּרַבִּי אֱלִיעֶזֶר.
The Gemara raises a difficulty: If that is so, it turns out that the mishna is established not in accordance with the opinion of Rabbi Akiva. This is problematic, as most of the Sages of the mishna were Rabbi Akiva’s students, and anonymous mishnayot are generally presumed to follow his rulings. Rather, it is clear that the mishna is not in accordance with the opinion of Rabbi Eliezer.
לֵימָא בִּדְלָא שָׁוֵי מַשְׁכּוֹן שִׁיעוּר זוּזֵי, וּבְדִשְׁמוּאֵל קָא מִיפַּלְגִי. דְּאָמַר שְׁמוּאֵל: הַאי מַאן דְּאוֹזְפֵיהּ אַלְפָּא זוּזֵי לְחַבְרֵיהּ וְאַנַּח לֵיהּ קַתָּא דְמַגְּלָא עִילָּוַיְיהוּ, אֲבַד קַתָּא דְמַגְּלָא – אֲבַדוּ אַלְפָּא זוּזֵי.
The Gemara suggests: Let us say that the dispute between Rabbi Akiva and Rabbi Eliezer applies only in a case where the collateral is not equal to the monetary value of the loan, and they disagree with regard to a statement of Shmuel. As Shmuel says: With regard to one who lends one thousand dinars to another and the borrower puts before the lender as collateral for the loan the handle of a sickle, which is worth only a small fraction of the loan, nevertheless, if the sickle is lost, the thousand dinars are lost. The Gemara is suggesting that Rabbi Akiva would agree with this ruling, whereas Rabbi Eliezer would disagree with it.
אִי בִּדְלָא שָׁוֵי מַשְׁכּוֹן שִׁיעוּר זוּזֵי – דְּכוּלֵּי עָלְמָא לֵית לְהוּ דִּשְׁמוּאֵל, וְהָכָא בִּדְשָׁוֵי שִׁיעוּר זוּזֵי, וְקָא מִיפַּלְגִי בִּדְרַבִּי יִצְחָק.
The Gemara rejects this suggestion: If the case is one where the collateral is not equal to the amount of money constituting the loan, everyone holds that the halakha is not in accordance with the opinion of Shmuel. But here the dispute is referring to a situation where the collateral does equal the amount of the money constituting the loan, and they disagree with regard to a statement of Rabbi Yitzḥak.
דְּאָמַר רַבִּי יִצְחָק: מִנַּיִן לְבַעַל חוֹב שֶׁקּוֹנֶה מַשְׁכּוֹן, שֶׁנֶּאֱמַר: ״וּלְךָ תִּהְיֶה צְדָקָה״. אִם אֵינוֹ קוֹנֶה מַשְׁכּוֹן, צְדָקָה מְנָא לֵיהּ? מִכָּאן לְבַעַל חוֹב שֶׁקּוֹנֶה מַשְׁכּוֹן.
As Rabbi Yitzḥak says: From where is it derived that a creditor acquires collateral given to him and is considered its owner as long as the item is in his possession? It is derived from a verse, as it is stated: “You shall return the pledge to him when the sun goes down that he may sleep in his garment, and bless you; and it shall be a righteousness for you before the Lord your God” (Exodus 24:13). Rabbi Yitzḥak infers: If the creditor does not acquire the collateral, then from where is the righteousness involved in returning it? In this case, the creditor would not be giving up anything of his own. From here it is derived that a creditor acquires the collateral.
וְתִסְבְּרָא? אֵימוֹר דְּאָמַר רַבִּי יִצְחָק בְּמִשְׁכְּנוֹ שֶׁלֹּא בִּשְׁעַת הַלְוָאָתוֹ, אֲבָל מִשְׁכְּנוֹ בִּשְׁעַת הַלְוָאָתוֹ – מִי אָמַר?
The Gemara rejects this suggestion: And can you understand it that way? You can say that Rabbi Yitzḥak stated this halakha in a case where he took his collateral not at the time of his loan but at a later stage, in order to collect his debt. But did Rabbi Yitzḥak say this ruling in a situation where he took his collateral at the time of his loan?
אֶלָּא מִשְׁכְּנוֹ שֶׁלֹּא בִּשְׁעַת הַלְוָאָתוֹ – כּוּלֵּי עָלְמָא אִית לְהוּ דְּרַבִּי יִצְחָק. וְהָכָא בְּמִשְׁכְּנוֹ בִּשְׁעַת הַלְוָאָתוֹ, וּבְשׁוֹמֵר אֲבֵידָה קָא מִיפַּלְגִי. דְּאִיתְּמַר: שׁוֹמֵר אֲבֵידָה, רַבָּה אָמַר: כְּשׁוֹמֵר חִנָּם, רַב יוֹסֵף אָמַר: כְּשׁוֹמֵר שָׂכָר.
Rather, if he took his collateral not at the time of his loan, everyone holds in accordance with the opinion of Rabbi Yitzḥak. And here it is discussing a case where he took his collateral at the time of his loan, and Rabbi Eliezer and Rabbi Akiva disagree with regard to the case of a bailee of a lost item. As it was stated that amora’im disagreed concerning the responsibility of the bailee for a lost item. If someone found a lost item and it is subsequently lost or stolen from him, what responsibility does he bear toward the owner? Rabba said: This individual is considered to be like an unpaid bailee. Rav Yosef said: He is like a paid bailee.
לֵימָא דְּרַב יוֹסֵף תַּנָּאֵי הִיא? לָא, בְּשׁוֹמֵר אֲבֵידָה – דְּכוּלֵּי עָלְמָא אִית לְהוּ דְּרַב יוֹסֵף, וְהָכָא
The Gemara suggests: Let us say that the opinion of Rav Yosef is the subject of a dispute between tanna’im. There is no question that Rabba’s opinion is the subject of a dispute between tanna’im, as Rabbi Akiva’s opinion cannot be reconciled with his ruling: If one who takes collateral for his loan is considered a paid bailee, the same certainly applies to one who goes out of his way to safeguard a lost item. The Gemara is asking whether there is any way to explain Rav Yosef’s ruling in accordance with the opinions of both tanna’im, or if he must accept that Rabbi Eliezer disputes his opinion. The Gemara responds: No, it is possible with regard to a bailee for a lost item that everyone holds in accordance with the opinion of Rav Yosef, even Rabbi Eliezer. And here, in the baraita,
בְּמִלְוֶה צָרִיךְ לְמַשְׁכּוֹן קָמִיפַּלְגִי. מָר סָבַר: מִצְוָה קָא עָבֵיד שֶׁהִלְוָהוּ, וְהָוֵי שׁוֹמֵר שָׂכָר. וּמָר סָבַר: לָאו מִצְוָה קָא עָבֵיד, שֶׁלַּהֲנָאָתוֹ מִתְכַּוֵּין, וְהָוֵי שׁוֹמֵר חִנָּם.
they disagree with regard to a lender who needs the collateral, i.e., the lender wants to use the collateral and deduct the value of its use from the amount of the loan. One Sage, Rabbi Akiva, holds that he is performing a mitzva in that he lent to him, and therefore he is considered a paid bailee. And one Sage, Rabbi Eliezer, holds that he is not performing a mitzva, as his intention is to lend for his own benefit. And consequently he is considered an unpaid bailee for the collateral.
אַבָּא שָׁאוּל אוֹמֵר: מוּתָּר לָאָדָם לְהַשְׂכִּיר מַשְׁכּוֹנוֹ שֶׁל עָנִי לִהְיוֹת פּוֹחֵת וְהוֹלֵךְ. אָמַר רַב חָנָן בַּר אַמֵּי אָמַר שְׁמוּאֵל: הֲלָכָה כְּאַבָּא שָׁאוּל. וְאַף אַבָּא שָׁאוּל לָא אָמַר אֶלָּא בְּמָרָא וּפָסָל וְקַרְדּוֹם, הוֹאִיל וּנְפִישׁ אַגְרַיְיהוּ וְזוּטַר פְּחָתַיְיהוּ.
§ The mishna teaches that Abba Shaul says: It is permitted for a person to rent out a poor person’s collateral that was given to him for a loan, so that he shall set a rental price for it and thereby progressively reduce the debt, because this is considered like returning a lost item. Rav Ḥanan bar Ami says that Shmuel says: The halakha is in accordance with the opinion of Abba Shaul, but even Abba Shaul said his ruling only with regard to a hoe, a chisel, and an ax, since the remuneration from these utensils is great and their depreciation is small.
מַתְנִי׳ הַמַּעֲבִיר חָבִית מִמָּקוֹם לְמָקוֹם וּשְׁבָרָהּ, בֵּין שׁוֹמֵר חִנָּם בֵּין שׁוֹמֵר שָׂכָר – יִשָּׁבַע. רַבִּי אֱלִיעֶזֶר אוֹמֵר: זֶה וְזֶה יִשָּׁבַע, וְתָמֵיהַּ אֲנִי אִם יְכוֹלִין זֶה וָזֶה לִישָּׁבַע.
MISHNA: With regard to one who was transporting a barrel from one place to another and he broke it, whether he was an unpaid bailee or a paid bailee, if he takes an oath that he was not negligent he is exempt from payment. Rabbi Eliezer says: Both this one, an unpaid bailee, and that one, a paid bailee, must take an oath to exempt themselves from payment, but I wonder whether both this one and that one can take an oath. In other words, this is the halakha that I heard from my teachers, but I do not understand their ruling.
גְּמָ׳ תָּנוּ רַבָּנַן: הַמַּעֲבִיר חָבִית לַחֲבֵירוֹ מִמָּקוֹם לְמָקוֹם וּשְׁבָרָהּ, בֵּין שׁוֹמֵר חִנָּם בֵּין שׁוֹמֵר שָׂכָר – יִשָּׁבַע, דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹמֵר: שׁוֹמֵר חִנָּם – יִשָּׁבַע, נוֹשֵׂא שָׂכָר – יְשַׁלֵּם. רַבִּי אֱלִיעֶזֶר אוֹמֵר: זֶה וְזֶה יִשָּׁבַע, וְתָמֵיהַּ אֲנִי אִם יְכוֹלִין זֶה וָזֶה לִישָּׁבַע.
GEMARA: The Sages taught: With regard to one who was transporting a barrel for another person from one place to another and he broke it, whether he was an unpaid bailee or a paid bailee, if he takes an oath that he was not negligent, he is exempt from payment. This is the statement of Rabbi Meir. Rabbi Yehuda says: An unpaid bailee takes an oath and does not pay, but a paid bailee pays. Rabbi Eliezer says: This one and that one take an oath, and I wonder whether both this one and that one can take an oath.
לְמֵימְרָא דְּסָבַר רַבִּי מֵאִיר נִתְקַל לָאו פּוֹשֵׁעַ הוּא? וְהָתַנְיָא: נִשְׁבְּרָה כַּדּוֹ וְלֹא סִילְּקָהּ נָפְלָה גְּמַלּוֹ וְלֹא הֶעֱמִידָהּ, רַבִּי מֵאִיר מְחַיֵּיב בְּהֶיזֵּיקָן, וַחֲכָמִים אוֹמְרִים: פָּטוּר מִדִּינֵי אָדָם וְחַיָּיב בְּדִינֵי שָׁמַיִם. וְקַיְימָא לַן דִּבְנִתְקַל פּוֹשֵׁעַ פְּלִיגִי!
The Gemara analyzes these opinions. Is that to say that Rabbi Meir holds that one who stumbles is not considered negligent, but the victim of an accident? But isn’t it taught in a baraita: If one’s pitcher broke in a public place and he did not remove it from there, or if his camel fell and he did not stand it up, Rabbi Meir renders him liable for the damage they caused? And the Rabbis say that he is exempt according to human laws but is liable according to the laws of Heaven. Although the court cannot impose liability, nevertheless he is morally culpable. And we maintain that they disagree with regard to the question of whether one who stumbles is negligent. This indicates that Rabbi Meir holds that one who stumbles is considered negligent.
אָמַר רַבִּי אֶלְעָזָר: תִּבְרַהּ, מִי שֶׁשָּׁנָה זוֹ לֹא שָׁנָה זוֹ. וַאֲתָא רַבִּי יְהוּדָה לְמֵימַר: שׁוֹמֵר חִנָּם – יִשָּׁבַע, נוֹשֵׂא שָׂכָר – יְשַׁלֵּם. הַאי כִּי דִינֵיהּ וְהַאי כִּי דִינֵיהּ. וַאֲתָא רַבִּי אֱלִיעֶזֶר לְמֵימַר: אִין, גְּמָרָא כְּרַבִּי מֵאִיר. וּמִיהוּ תָּמֵיהַּ אֲנִי אִם יְכוֹלִין זֶה וָזֶה לִישָּׁבַע.
Rabbi Elazar said: Break the mishna, as he who taught this did not teach that, i.e., there are two traditions with regard to Rabbi Meir’s opinion. And Rabbi Yehuda came to say a different ruling: An unpaid bailee takes an oath and does not pay while a paid bailee pays, this one in accordance with his law and that one in accordance with his law, as an unpaid bailee is exempt from liability for theft and loss, while a paid bailee is liable in those cases and exempt only in cases of circumstances beyond his control. And Rabbi Eliezer came to say: Yes, there is a tradition that is in accordance with the opinion of Rabbi Meir, as I learned from my teachers, but I wonder whether both this one and that one can take an oath.
בִּשְׁלָמָא שׁוֹמֵר חִנָּם מִשְׁתְּבַע דְּלָא פְּשַׁע בַּהּ: אֶלָּא שׁוֹמֵר שָׂכָר אַמַּאי מִשְׁתְּבַע? כִּי לָא פְּשַׁע נָמֵי שַׁלּוֹמֵי בָּעֵי. וַאֲפִילּוּ שׁוֹמֵר חִנָּם נָמֵי, הָתִינַח בִּמְקוֹם מִדְרוֹן. שֶׁלֹּא בִּמְקוֹם מִדְרוֹן, מִי מָצֵי מִשְׁתְּבַע דְּלָא פְּשַׁע בַּהּ!
The Gemara asks: Granted, an unpaid bailee takes an oath that he was not negligent with regard to the barrel, as required by Torah law, but why does a paid bailee take an oath? Even if he was not negligent he is still required to pay, as he is obligated to pay for theft and loss. And even with regard to an unpaid bailee, this works out well if the barrel broke on an inclined plane [midron], as the accident occurred due to the difficulty of transporting it, but if it broke not on an inclined plane but under different circumstances, how can he take an oath that he was not negligent with it? Evidently his negligence caused the accident.
