POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Kama 69
1) CAN ONE MAKDISH WHAT IS NOT IN HIS DOMAIN?
(a) (R. Yochanan): Something was stolen, the owner did not
despair - neither the thief nor owner can make it
1. The thief cannot, for it is not his; the owner
cannot, for it is not in his domain!
(b) Question: But R. Yochanan said that the law is as an
1. (Mishnah): People used to mark off Revai
(fourth-year produce) with clods off earth.
(c) Answer #1: The text of the Mishnah should say 'Whatever
will be gathered from my field is redeemed on these
i. This was a sign: just as we can benefit from
earth, also from this produce (after redeeming
2. They would mark off Orlah (produce in the first 3
years) with pottery shards.
i. This was a sign: just as shards give no
benefit, also this produce.
3. Graves were marked off with limestone, as a sign of
bones, which are also white.
4. R. Shimon ben Gamliel says, this is only in
Shemitah, when people are allowed to enter others'
fields - but in other years, one who enters
another's field is a thief - we do not care if he
steals the forbidden food!
5. The Tzenu'im would take coins and say 'Whatever
(Revai) was gathered from my field is redeemed on
these coins.' (Even though it is not in their
domain, they can redeem it - also, one can make
Hekdesh something not in his domain!)
6. Suggestion: Perhaps Tzenu'im hold as R. Shimon ben
Gamliel; R. Yochanan holds as Chachamim.
7. Rejection: Rabah bar bar Chanah cited R. Yochanan to
say that wherever R. Shimon ben Gamliel appears in
the Mishnah, the law is as him, except for (3
Mishnayos, the ones of) a guarantor, the case in
Tzidon, and one who later finds a proof.
(d) Question: But R. Yochanan said that Tzenu'im and R. Dosa
hold as each other, and he holds as the text 'was
1. (Beraisa - R. Yehudah): In the morning, the owner
says 'What the poor will gather today (in error,
thinking they are entitled to it) is (now) Hefker';
(e) Answer #1: We must switch the opinions of R. Yehudah and
2. R. Dosa says, at evening he says 'What the poor
gathered is Hefker'.
(f) Question: It is better to switch the words of R.
Yochanan, and say that he meant that Tzenu'im and R.
Yehudah hold as each other!
(g) Answer: In any case, the Beraisa must be switched - as it
stands, R. Yehudah holds of Breirah (making transactions
conditional on future events) - and we know that he does
not hold of Breirah!
(a) (Mishnah - R. Meir): One who buys wine from Kusim (and is
not able to separate the tithes before drinking) says:
The 2 Lugim that I will later separate should be Terumah;
10 Lugim (that I will separate) - Ma'aser Rishon; 9 Lugim
- Ma'aser Sheni. He (Rashi -redeems the Ma'aser Sheni
and) may drink immediately;
3) TZENU'IM AND R. DOSA
1. R. Yehudah, R. Yosi and R. Shimon say, he must
separate the tithes before drinking.
(b) Question: Even after switching the Beraisa, R. Yochanan
still contradicts himself!
1. Since R. Yochanan changed the text to read 'that
will be gathered', he holds of Breirah;
(c) Answer #2 (to question 1:b above): Really, R. Yochanan
leaves the text 'was gathered'; he holds as an anonymous
Mishnah that argues on the Mishnah of Tzenu'im.
2. (Rav Asi citing R. Yochanan): Brothers that divide
an inheritance are as buyers (we do not know which
share each inherits; whatever each takes is as a
purchase, in place of what his brother took from
him), so they must redivide in Yovel (when all sold
land reverts to the seller).
1. (Mishnah): One who steals from a thief does not pay
double; if he then slaughters or sells it, he does
not pay 4 and 5.
(d) Question: Why does R. Yochanan hold as this Mishnah,
rather than the Mishnah of Tzenu'im?
2. We understand why he doesn't pay double to the first
thief - "And was stolen from the man's house", not
from the house of the thief;
3. Question: Why doesn't he pay double to the owner?
4. Answer: He doesn't pay the thief, for it is not his;
he doesn't pay the owner, for it is not in his
domain. (For the same reason, neither can make it
(e) Answer: For a verse supports it - ""A man that will make
his house Hekdesh" - just as his house is in his domain,
he can only make things in his domain Hekdesh.
(a) Abaye: I would have said differently than R. Yochanan -
Tzenu'im hold of R. Dosa, R. Dosa does not hold as
1. Tzenu'im hold of R. Dosa - if Chachamim made an
enactment for thieves (so they will not eat Revai),
all the more so for the poor!
(b) Rava: I would have said differently than R. Yochanan -
Tzenu'im hold as R. Meir.
2. R. Dosa does not hold as Tzenu'im - Chachamim made
an enactment for the poor, but not for thieves.
1. R. Meir says that Ma'aser Sheni is as Hash-m's money
- but regarding redemption, it is considered a
(c) Ravina: R. Yochanan should have said that R. Dosa is the
Tana of the Mishnah of Tzenu'im;
2. "If a man will redeem his Ma'aser, he will add its
fifth" - the Torah calls it his Ma'aser, and he adds
i. The same applies to Revai of grapes - we learn
a Gezeirah Shavah "Kodesh-Kodesh" from Ma'aser!
3. But when the poor take what they (mistakenly) think
is Leket (dropped sheaves) - that is the owner's
money, he cannot redeem it when it is not in his
domain. (So Tzenu'im need not hold as R. Dosa.)
ii. Just as by Ma'aser, it is as Hash-m's money,
but regarding redemption, it is considered a
person's money - also by Revai.
1. This would answer why he holds as the other Mishnah,
not as Tzenu'im, because the anonymous Mishnah of
Tzenu'im is as a particular Tana!