POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Bava Metzia 40
1) IMPROVEMENTS THAT WERE MADE
(a) Witnesses testified that Ploni is his brother; he asked
for half the vineyards and orchards, even though Mari had
2) STANDARD LOSS OF PRODUCE
(b) Rav Chisda: Ploni is correct:
1. (Mishnah): Reuven died, leaving minor and adult
children. The adults improved the property - the
minors share in the improvements.
(c) Question (Abaye): That is different! There, the adults
know they have minor brothers, they improved the property
knowing that this will be shared with the minors;
1. Mari did not know that he had a brother - he
improved for himself!
(d) (R. Ami): We learned even more than this - if a relative
worked on land of a captive, when the captive returns, he
gets the improved land, the relative is paid as a
sharecropper - all the more so, Mari gets this.
(e) Rejection (Rav Chisda): That is different - Beis Din puts
relatives on land of a captive - Mari did not consult
with Beis Din;
1. Also - Ploni was a minor, we would not put a
relative on the land of a minor!
2. R. Ami had not heard that Ploni was a minor.
(a) (Mishnah): Reuven deposited produce by Shimon - when he
takes it back, he deducts the normal losses, as follows:
3) WHEN WE DO NOT DEDUCT
1. For wheat or rice - nine half-Kavim per Kor (a Kor
is 30 Sa'im which is 180 Kavim);
(b) The losses are according to the amount of produce and the
2. For barley or millet - nine Kavim per Kor;
3. For spelt and flax seed - three Sa'im per Kor;
(c) R. Yochanan ben Nuri says, mice eat the same amount,
regardless of how much there is! Rather, he deducts the
amount specified for one Kor.
(d) R. Yehudah says, if he deposited a large amount, he does
not deduct anything, for the produce expands (enough to
compensate for the losses).
(e) (Gemara) Question: The losses for rice are more than nine
half-Kavim per Kor!
(f) Answer (Rabah bar bar Chana): The Mishnah speaks of
(g) (Mishnah): For spelt and flax seed - three Sa'im per Kor;
(h) (R. Yochanan): The Mishnah speaks of flax seed in the
stalk (but the seeds themselves would not decrease so
(i) Support (Beraisa): For unpeeled rice he deducts three
Sa'im per Kor.
(j) (Mishnah): The losses are according to the amount of
(k) (Beraisa): He deducts these amounts for each Kor, for
(l) (Mishnah): R. Yochanan ben Nuri says...
(m) (Beraisa - Chachamim): Much of the produce gets lost and
(n) (Beraisa): The Mishnah is when Shimon mixed Reuven's
produce with his own - but if he left it by itself, he
gives it back to Reuven as it is.
(o) Question: When he mixed it, he should return to Reuven
the percentage that was his!
(p) Answer: Shimon has been taking from the mixture, we do
not know how much he took.
(a) (Mishnah): R. Yehudah says, if he deposited a large
4) LOSSES DUE TO ABSORPTION
(b) Question: What is considered a large amount?
(c) (Rabah bar bar Chana): Ten Korim.
1. A Beraisa supports this.
(d) (Chacham - Beraisa): The Mishnah is when he measured and
returned to him from the granary - but if he measured
from the granary and returned from the house, he does not
deduct, for the house measure is smaller.
(e) Objection (Rav Nachman): Does the Mishnah speak of fools,
who give a large measure and take back a small measure?!
(f) Suggestion (Rav Nachman): Perhaps your Beraisa means, the
Mishnah is when he measured and returned to him at the
time of the granary - but if he measured at the time of
the granary (after the produce dried in the sun) and
returned in winter, he does not deduct, for the produce
(g) Question (Rav Papa): If the produce expands, a barrel
that was full in summer should break in winter!
(h) Answer #1: Indeed, that once happened.
(i) Answer #2: Because the produce is tightly packed, it does
(a) (Mishnah): One deducts a sixth of the wine deposited; R.
Yehudah says, a fifth.
(b) One deducts three Lugim of oil for every 100 - one and a
half for dregs, one and a half for absorption (of the
1. If the oil was clear, he does not deduct for dregs;
if the barrels had held oil before, he does not
deduct for absorption.
(c) (Gemara): Chachamim and R. Yehudah do not argue regarding
wine - each speaks according to his place.
2. R. Yehudah says, even one who sells clear oil all
year round, the buyer must accept one and a half
Lugim of (pure) dregs per 100.
1. Explanation #1: If the barrels are smeared with wax,
he deducts a sixth; if they are smeared with Zefes
(pitch), he deducts a fifth.
(d) In Rav Yehudah's area, there were 48 Kuz in a barrel; the
price was six Zuz for a barrel. Rav Yehudah would sell 6
Kuz for a Zuz.
2. Explanation #2: The clay from which the barrels are
made affects the absorption - the clay in R.
Yehudah's area absorbs more than that in Chachamim's
5) IMPURITIES IN OIL
1. He would get back the six Zuz he paid after selling
35 Kuz of the barrel; eight Kuz (a sixth) were
absorbed in the barrel, his whole profit was four
(e) (Mishnah): If the oil...(if the barrels had held oil
before, he does not deduct for absorption).
2. Question: But Shmuel taught, one should not profit
more than a sixth! (Rav Yehudah was entitled to take
a bigger profit!)
3. Answer: He would also keep the barrel itself and the
4. Question: If so, he profited more than a sixth!
5. Answer: He was entitled to more for his toil; also,
he had to pay the merchant that sold his wine (some
explain - the one who would open the barrel).
(f) Question: Even old barrels absorb something!
(g) Answer #1 (Rav Nachman): The Mishnah speaks of old
barrels that were smeared, they do not absorb any more.
(h) Answer #2 (Abaye): Even unsmeared barrels - once they are
saturated, they do not absorb any more.
(a) (Mishnah): R. Yehudah says, even one who sells clear oil
all year round, the buyer must accept one and a half
Lugim of (pure) dregs.
6) ONE WHO MOVED THE DEPOSIT
(b) (Abaye): One can infer that R. Yehudah permits mixing
dregs, Chachamim forbid this.
1. R. Yehudah says that the buyer accepts dregs because
the seller is allowed to mix them in.
(c) Question (Rav Papa): Just the contrary! Chachamim permit
mixing - the buyer need not accept dregs, because the
seller waived his right by not mixing them.
2. Question: The buyer should be able to say - if they
were mixed in, I would have sold the oil with the
dregs - but no one will buy pure dregs!
3. Answer: The case is, the buyer buys for his own
consumption, he prefers clear oil.
4. Question: Why can't the buyer say, since you did not
mix in dregs, you waived your option, I will not
accept pure dregs!
5. Answer: This is as R. Yehudah holds elsewhere, we do
not say that a person pardons things (unless he
explicitly says so).
i. (Mishnah): One who sold the yoke did not sell
the oxen; one who sold the oxen did not sell
6. Chachamim forbid mixing dregs because the buyer did
not accept dregs.
ii. R. Yehudah says, the money reveals what he sold
- if he paid 200 (Zuz) for a yoke, surely this
includes the oxen.
iii. Chachamim say, the money is not a proof (he
pardoned the extra money).
1. R. Yehudah forbids mixing - the buyer accepts dregs
because the seller was not allowed to mix them in
(and he relies on selling the dregs to make a
(d) (Beraisa): A buyer and a depositor have the same law
regarding Piktim (Rashi - refuse of the pits that floats
on top; Aruch - cloudy oil above the dregs).
(e) Question: What is their law?
1. If a depositor need not accept them, just as a buyer
- the watchman can say, what should I do about
(f) Answer: Rather, just as a depositor must accept them,
also a buyer.
(g) Version #1 - Question (Beraisa - R. Yehudah): Cloudy oil
is a loss to the seller, because the buyer accepts a Log
and a half of dregs (Aruch - alone, without the cloudy
oil; Rashi - therefore, the oil must be clear).
(h) Version #2 (Tosfos) - Question (Beraisa - R. Yehudah):
The seller bears the loss when he sells cloudy oil, since
the buyer only accepts a Log and a half of dregs when he
gets clear oil.
(i) Answer: If the buyer gave money in Tishrei (according to
the low price of Tishrei, when most oil is cloudy) to
receive oil in Nisan, he accepts Piktim; if he gives
money in Nisan for oil in Nisan (when oil is clear and
expensive), he does not accept Piktim.
(a) (Mishnah): Reuven deposited a barrel by Shimon; Reuven
did not designate where it would be kept. Shimon moved it
and it broke.
1. If it broke while he was holding it - if he picked
it up to use it, he is liable; if he picked it up to
put it in a safer place, he is exempt.
(b) If Reuven designated where it should be kept, whether it
broke while he was holding it or after he put it down, if
he picked it up to use it, he is liable; if for its sake,
he is exempt.
2. If it broke after he put it down - whether he picked
it up to use it or for its sake, he is exempt.