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 Metzia 96
BAVA METZIA 96 (14 Adar) - l'Iluy Nishmas Harav Ze'ev Wolf Rosengarten of
Zurich, Switzerland, host to the Brisker Rav and a person of "Sheleimus" in
every way. Dedicated in honor of his Yahrzeit by his nephew and Talmid, Mr.
Eli Rosengarten of Zurich.
1) WHEN MUST HE BE WORKING FOR HIM? (cont.)
(a) (Rava): "Im Ba'alav Imo Lo Yeshalem" - he is exempt if
the owner was working for him at both times, or even at
one of them.
2) WHEN IS A BORROWER LIABLE?
(b) Question: "Ba'alav Ein Imo Shalem Yeshalem" - he is
liable if the owner was not working for him at even one
of the times!
(c) Answer: If he was working for him only at the time of
borrowing, he is exempt; if he was working only at the
time of death, he is liable!
(d) Suggestion: Why not say the other way - if he was working
for him only at the time of borrowing, he is liable; if
he was working only at the time of death, he is exempt!
(e) Answer #1: Presumably, the time of borrowing is more
important, since the animal comes to his jurisdiction.
1. Question: No - the time of breakage or death is more
important, for that is what he pays for!
(f) Answer #2 (Rav Ashi): "When a man will borrow me'Im
Re'ehu (he will be liable)" - not when he borrows his
neighbor with it (at the time of borrowing).
2. Answer: Had he not borrowed, he would not be liable
for the death.
3. Question: Had it not died, he would not be liable
4. Answer: He is liable for feeding it from when he
(g) Question: If so, why do we need the verses "Be'alav Ein
Imo" and "Im Be'alav Imo"?
(h) Answer: If not for them, we would not have expounded
"Me'Im Re'ehu", we would have said it is just a way of
(a) Question (Rami bar Chama): If Reuven borrowed an animal
for bestiality, is this considered borrowing (Rashi - to
be liable for Ones; Rambam - to get the exemption of
b'Ba'alim - liability for Ones comes for having used it,
even if he is not a borrower)?
3) DOES A HUSBAND OWN HIS WIFE'S PROPERTY?
1. Does the Torah only obligate for normal borrowing?
(b) Question (Rami bar Chama): If he borrowed something to
appear rich, is he like a borrower?
2. Or - is he liable because he gets free benefit, and
here he gets free benefit?
1. If it depends on getting monetary benefit - he gets
it (people will give him credit);
(c) Question (Rami bar Chama): If he borrowed an animal to
use for less than the value of a Perutah, is he like a
2. Or - must he get benefit from the object itself?
1. If it depends on getting monetary benefit - he gets
(d) Question (Rami bar Chama): If you will say that borrowing
to use for less than a Perutah is exempt from Ones - what
if he borrowed two animals to use for a Perutah?
2. Or - is less than a Perutah like getting no benefit?
1. The borrower gets a Perutah of benefit;
(e) Question (Rami bar Chama): Reuven borrowed from two
partners, and one of them was working for him.
2. Or - do we say, since each borrowed animal does less
than a Perutah of work, he is exempt?
1. Is he exempt only if all the owners are working for
him, and they are not?
2. Or - is he exempt for the half of the owner working
(a) Question (Rami bar Chama): If Reuven borrowed a woman's
animal and hired her husband, or if a woman borrowed an
animal and her husband hired the owner, what is the law?
1. (A husband owns rights to the earnings of his wife's
property) - is he therefore considered the owner?
(b) Question (Ravina): Reuven told Shimon 'go work in place
of me with my cow' - what is the law?
1. It the exemption only when the owner himself works?
(c) (Rav Acha brei d'Rav Avya): R. Yochanan and Reish Lakish
argue regarding the question of the husband; R. Yonason
and R. Yoshiyah argue regarding the question of the
2. Or - do we say, a man's agent is as himself?
1. (R. Yochanan): Reuven sold the rights to the
produce of his field to Shimon - Shimon brings
Bikurim and recites the Parshah (in which he thanks
Hash-m for "The land that you gave to me") - since
he owns the rights to the produce, it is as if he
owns the property;
(d) Question (Rav Ilish): Reuven told his slave 'go work in
place of me with my cow' - what is the law?
2. (Reish Lakish): Shimon brings Bikurim but does not
recite the Parshah - owning the produce is not like
owning the property.
i. (R. Yochanan considers a woman's property like
her husband's, Reish Lakish does not).
3. (Beraisa - R. Yoshiyah): Reuven told Shimon 'Annul
any vows my wife will take until I return from my
trip' (and he did so). One might have thought, they
are annulled - "Ishah Yekimenu v'Ishah Yeferenu"
(only her husband can annul them).
4. R. Yonason says, a man's agent is as himself in all
i. (R. Yonason says that a man's agent is as
himself regarding borrowing b'Ba'alim, R.
1. This may be asked according to R. Yonason (who says
that a man's agent is as himself) and according to
(e) Answer (Rava): Presumably, a man's slave is as himself.
i. Perhaps R. Yonason only says that a man's agent
is as himself when the agent himself is
commanded about the matter - but a slave cannot
be a lender or borrower (whatever he gets
belongs to his master)!
ii. Perhaps R. Yoshiyah agrees that a man's slave
is as himself, because the slave's hand (power
of acquisition) is like his master's hand!
(f) Question (Rami bar Chama): Is a man like a borrower of
his wife's property, or a renter?
4) BREAKAGE THROUGH USAGE
1. Objection (Rava): The question is pointless!
(g) Answer (Rava): A husband is neither a renter or borrower,
rather a buyer.
i. Whether he is a borrower or renter, he is
exempt, for this is b'Ba'alim (she works for
2. Answer #1: Rami bar Chama asked in a case where he
rented a cow from her and later married her.
i. If a husband is a borrower - borrowing
b'Ba'alim uproots the rental;
3. Objection: Just as we say, if he is a borrower,
borrowing b'Ba'alim uproots the rental - we should
also say, if he is a renter, renting b'Ba'alim
uproots the rental not b'Ba'alim!
ii. If a husband is a renter - he continues to be a
renter (and since it was not initially
b'Ba'alim, he is liable).
4. Answer #2: Rami bar Chama asked in a case where she
rented a cow from Shimon and later married Levi.
5. He does not ask according to Chachamim (of R. Yosi,
i. (Simchah rented Shimon's cow, and lent it to
Levi; it died normally.) Chachamim say that
Simchah swears that it died normally, and Levi
pays Simchah. Even if a husband is a borrower,
since he would pay his wife, this is b'Ba'alim,
he is exempt.
6. Rami bar Chama asks according to R. Yosi, who says
that Levi pays Shimon.
i. Since he is obligated to pay Shimon (who is not
working for Levi or his wife), this is clearly
not b'Ba'alim. Rami asks if Levi is a renter or
1. (R. Yosi b'Rebbi Chanina): In Usha, they enacted
that a married woman who sold her Melug property and
then died, her husband takes it back from the buyers
(we consider him to be a previous buyer, from the
time he married her).
(h) Question (Rami bar Chama): (A woman inherited property,
her husband gets dominion over it; they did not know that
it included Hekdesh.) Who transgressed Me'ilah?
1. Objection (Rava): The husband did not - he only
wants to acquire permitted property!
(i) Answer (Rava): The husband will transgress when he spends
the Hekdesh (as anyone who unintentionally spends Hekdesh
i. She did not - she did not want him to acquire
her (Rashi - forbidden) property!
ii. The current Beis Din (of the greatest Chachamim
in Yisrael, to whom we attribute all Rabbinical
enactments) did not - they only made a husband
a buyer of her permitted property!
(a) Question: If an animal became weaker on account of
working, what is the law?
1. Question (Rav Chiliya brei d'Rav Avya): This implies
that if it died on account of working he would be
liable?! He borrowed it to work!
(b) Answer (Rava): Even if it died on account of working he
is exempt - he borrowed it to work!
(c) Reuven borrowed a lamp from Shimon; it broke.
1. Rava: Bring witnesses that you did not use it
abnormally, and you are exempt.
2. Question: If he cannot find witnesses, how much
does he pay?
3. Answer: We learn from the following case.
i. Reuven borrowed a lamp from Shimon; it broke
through negligence. Rav obligated him to pay
for a proper lamp.
4. The Halachah follows Rav Kahana and Rav Asi - Reuven
returns the pieces, and pays the decreased value.
ii. Rav Kahana and Rav Asi: Is that really the law?
iii. Rav was silent.