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 79
1) SLAUGHTER OR SALE THROUGH AN AGENT
(a) (Beraisa): One who stole an animal pays 4 or 5 for any of
1. He gave the animal to an agent, who slaughtered or
(b) Question: What Chidush do we learn?
2. He made it Hekdesh;
3. He sold the animal on credit;
4. He exchanged the animal for other goods, or gave the
animal as a gift;
5. He used it to pay for what he had bought on credit,
or to pay a loan;
6. He sent it as Sivlonos (a gift to the house of the
woman he was Mekadesh);
(c) Answer: First, we learn that he is liable through an
agent, i.e. if one makes an agent to slaughter or sell,
it takes effect;
1. Even though in (almost) all other Mitzvos, an agent
to transgress is not an agent, here he is.
(d) Then we learn that he is liable for making it Hekdesh -
giving to Hekdesh is as selling to a person.
2. Question: Why is this?
3. Answer: "And he slaughtered it or sold it" - just as
he can only sell it through another, he is also
liable for slaughtering through another.
(a) (Mishnah): Reuven stole and slaughtered or sold an animal
of Shimon - he pays 4 or 5 whether only the theft was
from Shimon's premises (but not the slaughter or sale),
or if only the slaughter or sale was in Shimon's
premises, or if both were outside Shimon's premises;
1. But if both were in Shimon's premises, he does not
pay 4 or 5.
(b) If Reuven was dragging the animal to take it out, and it
died while still in Shimon's premises, he is exempt;
1. If he lifted it, or took it outside and then it
died, he is liable.
(c) If he gave the animal to a Kohen to redeem his firstborn,
to his creditor, to a free watchman, borrower, paid
watchman or renter, and he was dragging it out, and it
died in Shimon's premises, he is exempt;
1. If he lifted it, or took it outside and then it
died, he is liable.
(d) (Gemara) Question (Ameimar): Was there an enactment of
Meshichah by watchmen (Rashi - that a watchman is not
liable until he does Meshichah; Tosfos - that a owner
cannot retract from his agreement to lend or rent out his
animal after Meshichah)?
(e) Answer (Rav Yeimar - Mishnah): If he gave the animal to a
Kohen to redeem his firstborn, to his creditor, to a free
watchman, borrower, paid watchman or renter, and he was
dragging it out, and it died in Shimon's premises, he is
1. Suggestion: Reuven's watchman was dragging it -
(Reuven is exempt because Meshichah is not complete
until it leaves the owner's premises) - this teaches
that there was an enactment of Meshichah by
(f) Rejection (Ameimar): No, Reuven was dragging it from the
premises of Shimon's watchman.
(g) Question: But we know this from the beginning of the
(h) Answer: The Mishnah teaches about a thief who steals from
the owner's premises, and one who steals from a
(i) Objection (Rav Ashi): There is no reason to differentiate
between them (the Mishnah need not teach both)!
1. Rather, as we said - Reuven's watchman was dragging
it; this teaches that there was an enactment of
Meshichah by watchmen.
(j) (R. Elazar) Just as there was an enactment of Meshichah
by buyers, there was an enactment of Meshichah by
(k) Support (Beraisa) Just as there was an enactment of
Meshichah by buyers, there was an enactment of Meshichah
1. Just as land is acquired through money, a document
or Chazakah, a rental agreement takes effect through
money, a document or Chazakah.
2. Question: Of what rental does the Beraisa speak?
i. Suggestion: Rental of Metaltelim.
3) THIEVES AND (OPEN) ROBBERS
3. Answer (Rav Chisda): Rental of land.
(a) (R. Elazar): Witnesses saw Reuven hide in a forest (to
steal animals that graze there) and slaughter or sell
them - he pays 4 or 5.
4) RAISING ANIMALS IN ERETZ YISRAEL
(b) Question: But he did not do Meshichah!
(c) Answer (Rav Chisda): He hit the animals with a stick (so
they would move -this is Meshichah).
(d) Question: Since witnesses saw him, he is an open robber
(only a covert thief pays 4 or 5)!
(e) Answer: Since he was trying to hide, he is a thief.
(f) Question: If so, what is the case of an open robber?
(g) Answer #1 (R. Avahu): Such as Benyahu ben Yehoyada - "He
stole the spear from the hand of the Mitzri..."
(h) Answer #2 (R. Yochanan): Such as the people of Shechem -
"They waited in ambush on the hilltops, and would rob
anyone that passed."
1. Question: Why didn't R. Avahu learn from R.
(i) Question: Why does the Torah punish thieves more than
2. Answer: Since they hid (until people came), they are
i. R. Yochanan holds, they only hid so people
would not (see them and) flee.
(j) Answer (R. Yochanan ben Zakai): An robber does not
disrespect Hash-m more than he disrespects people - he
openly defies both;
1. A thief defies Hash-m (without fear), but he fears
people and hides from them;
(k) R. Meir: R. Gamliel gave a parable - this is as 2 people
that were in a city that made parties. One invited the
people of the city, but not the king's children, the
other invited neither - the punishment of the former is
2. He acts as if Hash-m does not see or hear what he
does - "Woe to those that delve deeply to (try to)
conceal their counsel from Hash-m, they act in
i. Also - "They said, Hash-m does not see or
ii. Also - "They said, Hash-m abandoned the land,
he does not see".
(l) R. Meir: How great is work! One who steals an ox deprives
the owner of its labor - he pays 5 times the value;
1. One who steals a Seh, which does not work, only pays
(m) R. Yochanan ben Zakai: How great is the honor of people!
When one steals an ox, the ox walks - the thief pays 5
times the value;
1. One who steals a Seh, he must carry it on his
shoulders - he only pays 4 times.
(a) (Mishnah): We may not raise small animals (i.e. that do
not work) in (settled parts of) Eretz Yisrael, but we may
raise them in Surya or wildernesses of Eretz Yisrael;
(b) We may not raise chickens in Yerushalayim lest they cause
Tum'ah to Kodshim, nor may Kohanim (who eat Terumah)
raise chickens anywhere in Eretz Yisrael;
(c) Pigs may not be raised anywhere;
(d) Dogs may only be raised if tied on a leash.
(e) We may not set traps for doves within 4 Mil of a settled
(f) (Gemara - Beraisa #1): We may not raise small animals in
Eretz Yisrael, but we may raise them in forests of Eretz
1. In Surya, we may raise them even in settled areas -
all the more so, in Chutz la'Aretz;
(g) (Beraisa #2): We may not raise small animals in Eretz
Yisrael, but we may raise them in wildernesses of Yehudah
or near Ako;
1. Large animals may be raised, because we do not
impose a decree which the majority of the
congregation cannot fulfill;
(h) A butcher may buy what he will need to slaughter for the
market day; he may not leave animals past the market day
until 30 days.
i. It is not necessary to raise small animals -
people can get them (for sacrifices or to eat)
from Chutz la'Aretz;
2. Although small animals may not be raised in Eretz
Yisrael, one may get one within 30 days of when he
needs it for (a sacrifice on) a festival or for a
ii. Large animals are constantly needed for labor,
it is not feasible to get them from Chutz
i. This leniency is only if he will use the
animals on the festival;
ii. An animal bought before the festival may not be
kept after the festival (even within 30 days),
e.g. if he used other animals for the festival.