BAVA KAMA 61 - Two weeks of study material have been dedicated by Ms. Estanne Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

1)

THE ARGUMENT ABOUT TAMUN B'ESH (Yerushalmi Perek 6 Halachah 7 Daf 29a)

îúðé' äîãìé÷ àú äâãéù åäéå áå ëìéí ø' éäåãä àåîø éùìí ëì îä ùáúåëå

(a)

(Mishnah - R. Yehudah): If one burned a stack, and Kelim were inside and they burned, he pays whatever was inside;

åçëîéí àåîøéí àéðå îùìí àìà âãéù ùì çéèéï àå âãéù ùì ùòåøéï

(b)

Chachamim say, he only pays for a stack of wheat or barley (whatever it was).

äéä âãé ëôåú ìå åòáã ñîåê ìå åðùøó òîå çééá

(c)

If one burned a stack of grain, and there was a goat tied to it and a slave nearby, and it was burned, he is liable;

òáã ëôåú ìå åâãé ñîåê ìå åðùøó òîå ôèåø

1.

If there was a slave tied to it and a goat nearby, and it was burned, he is exempt.

åîåãéï çëîéí ìøáé éäåãä áîãìé÷ àú äáéøä ùäåà îùìí ëì îä ùäéä áúåëä ùãøê áðé àãí ìäðéç ááúéí:

(d)

Chachamim admit to R. Yehudah that one who burns a building pays for everything inside, for people normally put (all kinds of) things in houses.

âî' øáé àáäå áùí ø' éåçðï îåãéï çëîéí ìøáé éåãï áëìé âåøï ùãøëï ìäèîéï.

(e)

(Gemara - R. Avahu citing R. Yochanan): Chachamim agree about Kelim of the granary, for it is normal to hide them [in a stack].

îçìôä ùéèú øáé éåãï úîï äåà àåîø ôøè ìäèîåï åäëà äåà àîø ìøáåú äèîåï.

(f)

Question: R. Yehudah contradicts himself! There [in Pe'ah 6:9, regarding Shichechah,] he expounds to exclude Tamun (what is covered). Here he includes Tamun!

åìéú øáé éåãï ãøéù äëà àìà âãéù ìàé æä ãáø ðàîø âãéù ùîùìí ëì îä ùáúåëå.

(g)

Answer: Here, R. Yehudah expounds [to include] only because it says "a stack''. (It already said Kamah.) Why does it say also a stack? It is to include whatever is inside. (There, it says Sadeh, which is exposed, to exclude Tamun.)

[ãó ëè òîåã á] [ãó ëä òîåã á (òåæ åäãø)] îçìôä ùéèú øáðéï úîï àîøéï ìøáåú èîåï åëà àîøéï ôøè ìèîåï

(h)

Question: Chachamim contradict themselves! There [in Pe'ah, regarding Shichechah,] they expound to include Tamun. Here they exclude Tamun!

1.

Note: PNEI MOSHE brings that there, the Gemara answers that regarding a fire, it says "Oh ha'Kamah Oh ha'Sadeh'' - one is liable only for what is like a field, i.e. exposed. Regarding Shichechah, Sadcha is exposed, to exclude Tamun. Ketzircha is exposed, to exclude Tamun. Two exclusions come to include [Tamun]!

åìà ëï àîø øáé àáäå áùí øáé éåçðï îåãéï çëîéí ìøáé éåãï áëìé âåøï ùãøëå ìéèîï.

(i)

Answer: Didn't R. Avahu say in the name of R. Yochanan that Chachamim agree about Kelim of the granary, for it is normal to hide them [in a stack?! For both a fire and Shichechah, Chachamim include white is commonly covered- MEICHAL HA'MAYIM.]

2)

IS ONE BELIEVED TO CLAIM MATTERS THAT HE IS NOT PROPER TO HAVE? (Yerushalmi Perek 6 Halachah 7 Daf 29b)

àîø ø' äåùòéä áùàéï òãéí àáì àí éù òãéí ëì òîà îåãå òì äãà ãøáé éåãä.

(a)

(R. Hoshayah): [The argument] is when there are no witnesses. However, if there are witnesses, all agree to R. Yehudah. (The Yerushalmi explains that they argue about one who burned in another's field, and the victim says that covered valuables were burned. R. Yehudah holds that he is believed to swear so and collect, just like there was an enactment for a victim of burglary. Rabanan say so only about what is common to cover inside. If we know through witnesses, all obligate for anything.)

ãúðé ëï äéä âãéù çèéí îçåôä ùòåøéï àå âãéù ùòåøéï îçåôä áçéèéï ðåúï ìå âãéù ùòåøéí.

1.

(Beraisa): If there was a stack of wheat covered with barley, or a stack of barley covered with wheat, he gives to him a stack of barley (it is worth less. This is when there are no witnesses; it is like Chachamim.)

ëäãà çã áø ðù àô÷ã âáé çáøéä çã ù÷ öøåø åàéøòå àåðñ àäï àîø ñéâéï äåä îìà åàäï äåä àîø îè÷ñéï äåä îìà ä''æ ðùáò åðåèì.

(b)

This is like the case of a man who deposited with his friend a bundle, and Ones occurred (through negligence of the Shomer. The Shomer) says that [perhaps] it was full of Sigin (useless by-products of silver), and [the depositor] says that it was full of silk. He swears so, and receives. (Chachamim agree that a depositor is believed to swear and receive. We explained this like MEICHAL HA'MAYIM; NESIVOS YERUSHALAYIM explains somewhat similarly.)

øáé éåçðï áòà îäå ùéèòðå ìå ãáø ùàéï øàåééï ìå.

(c)

Question (R. Yochanan): Can one claim matters that he is not proper to have?

ðéùîòéðä îï äãà ãàøéñéä ãáø æéæà àô÷ã âáé çã áø ðù ìéèøà ãäá îéú áø æéæà åîéú àøéñéä ãáø æéæà. àúà òåáãà ÷åîé ø' éùîòàì áé ø''é àîø îàï äåà ãìà éãò ãëì îàé ãàéú ìàøéñéä ãáø æéæà ìáø æéæà àéðåï éúééäáåï ìáðåé ãáø æéæà.

(d)

Answer: We learn from the following. The sharecropper of Bar Ziza deposited a Litra of gold with a man. Bar Ziza and his sharecropper died. The case came in front of R. Yishmael bei R. Yosi. He said, who doesn't know that everything of the sharecropper of Bar Ziza is of Bar Ziza?! (Surely the sharecropper was merely a Shali'ach of Bar Ziza, and deposited Bar Ziza's gold.) The gold should be given to the sons of Bar Ziza;

äååï ìáø æéæà áðéï øáøáéï åáðéï ã÷é÷éï [ãó ëå òîåã à (òåæ åäãø)] àîø éñáåï øáøáéà ôìâà åëã øáå ã÷å÷éà éñáåï ôìâà.

1.

Bar Ziza had adult sons and minor sons. They said that the adult sons will take their half [now], and when the minor sons mature, they will take their half.

ãîê øáé éùîòàì áé øáé éåñé àúà òåáãà ÷åîé øáé çééä àîø àéï îï äãà ìéú ù''î ëìåí éúééäáåï ìáðåé ãàøéñà.

2.

R. Yishmael bei R. Yosi died. The case came in front of R. Chiyah. He said, you cannot learn from here anything! It should be given to the sharecropper's sons. (Some rich people do not want to publicize their wealth, and act like poor people.)

à''ì îøéä ãôé÷ãåðà ëáø éäáéú ôìâà

3.

The Shomer: I already gave half [to the sons of Bar Ziza]!

à''ì îä ùðúúä ò''ô á''ã ðúúä åîä ùàúä ðåúï ò''ô á''ã àúä ðåúï.

4.

R. Chiyah: What you gave, you gave according to Beis Din. What you will give, you give according to Beis Din.

[ãó ì òîåã à] îäå ãééîøåï áðåé ãàøéñéä ãáø æéæà ìáðåé ãáø æéæà éáéï ìåï îä ãðñúåï.

(e)

Question: Can the sharecropper's sons tell Bar Ziza's sons 'give to us what you took'?

éëìéï îéîø ìåï îä ùðòùéú òì ôé áéú ãéï ðòùä.

(f)

Answer: (No.) They can tell them, what was done, was done according to Beis Din.

îäå ãééîøåï ã÷é÷ééà ìøáøáééà ðéôìåâ òéîëåï.

(g)

Question: Can Bar Ziza's young sons tell the older ones 'share with us [what you took]'?

éëìéï îéîø ìåï îöéàä îöàðå.

(h)

Answer: (No.) They can tell them, [it is as if] we found a Metzi'ah.

à''ø éöç÷ ìéú (áéï) [ö''ì ãéï - ôðé îùä, îäøé''ó] øáøáéà ìã÷é÷ééà àìà ëîé ùðéúï ìäï îúðä:

(i)

Conformation (R. Yitzchak): The younger have no case against the older. It is as if [the older] received a gift.