PAST DEDICATION
BAVA METZIA 32(4 Sivan) - Dedicated by Rabbi Kornfeld's father, Mr. David Kornfeld, in memory of the members of his family who perished at the hands of the Nazi murderers in the Holocaust, Hashem Yikom Damam: His mother (Mirel bas Yakov Mordechai), brothers (Shraga Feivel, Aryeh Leib and Yisachar Dov sons of Mordechai), grandfather (Reb Yakov Mordechai ben Reb David Shpira) and aunt (Charne bas Yakov Mordechai, the wife of Reb Moshe Aryeh Cohen zt'l). Their Yahrzeit is observed on 4 Sivan.

1)

(a)What does our Mishnah say about an animal that one finds in ...

1. ... a stable?

2. ... the street"?

(b)What does the Tana learn from the Pasuk "Azov Ta'azov Imo"?

(c)In which case will this not apply?

(d)We have already discussed the Machlokes between the Rabbanan and Rebbi Shimon regarding Perikah and Te'inah. What does Rebbi Yossi Ha'Gelili say about an animal that has been overloaded?

1)

(a)Our Mishnah rules that someone who finds an animal in ...

1. ... a stable is not obligated to return it.

2. ... the street is.

(b)The Tana learns from the Pasuk "Azov Ta'azov Imo" that if the owner indicates that since it is not his Mitzvah, he will leave it to the person whose Mitzvah it is to fulfill it, the latter is Patur.

(c)This will not apply in a case where the owner is old or sick, and is not helping because he is unable to.

(d)We have already discussed the Machlokes between the Rabbanan and Rebbi Shimon regarding Perikah and Te'inah. Rebbi Yossi Ha'Gelili exempts one from helping to reload an animal that has been overloaded.

2)

(a)Why does Rava explain that the stable in our Mishnah is not ...

1. ... completely unguarded?

2. ... firmly locked?

(b)Rebbi Yitzchak confines 'Matz'ah be'Refes Eino Chayav' to a stable that is inside the T'chum Shabbos. What do we extrapolate from there with regard to finding it in the Reshus ha'Rabim?

(c)In the second Lashon, he confines the Seifa 'bi'Reshus ha'Rabim Chayav bah' to where he finds it outside the T'chum. What do we extrapolate from there with regard to finding it in a stable?

2)

(a)Rava explains that the stable in our Mishnah is not ...

1. ... completely unguarded because, if it were, why would the Tana exempt him from returning it (or at least from locking the door)?

2. ... firmly locked because if it was, we would not need the Mishnah to teach us that he is Patur.

(b)Rebbi Yitzchak confines 'Matz'ah be'Refes Eino Chayav' to a stable that is inside the T'chum Shabbos. We extrapolate from there that if he were to find it in the Reshus ha'Rabim, he would be obligated to return it even if it was inside the T'chum (see Tosfos Yom-Tov).

(c)In the second Lashon, he confines the Seifa 'bi'Reshus ha'Rabim Chayav bah' to where he finds it outside the T'chum, from which we extrapolate that if he were to find it in a stable, he would be Patur even if it was outside the T'chum.

3)

(a)Our Mishnah forbids a Kohen to obey his father if he orders him to enter a Beis ha'Kevaros to return an Aveidah, or even a Yisrael if his father orders him not to return an Aveidah that he comes across. From which Pasuk in Kedoshim does the Beraisa learn this?

(b)Seeing as both Tum'as Kohen and not returning an Aveidah involve an Asei and a Lo Sa'aseh, why is it not obvious that we apply the principle 'Ein Asei Docheh Lo Sa'aseh va'Asei'?

(c)The Tana Kama of our Mishnah states 'Mitzvah min ha'Torah li'Ferok Aval Lo Lit'on'. This cannot be taken literally in light of the Pasuk "Hakem Takim". Then what does the Tana mean?

3)

(a)Our Mishnah forbids a Kohen to obey his father if he orders him to enter a Beis ha'Kevaros to return an Aveidah, or even a Yisrael if his father orders him not to return an Aveidah that he comes across. The Beraisa learns this from the Pasuk in Kedoshim "Ish Imo ve'Aviv Tiyra'u, ve'es Shabsosai Tishmoru, Ani Hash-m", obligating the parents to honor Hash-m no less than the children (implying that He does not forego His Kavod when it clashes with that of one's parents).

(b)Despite the fact that both Tum'as Kohen and not returning an Aveidah involve an Asei and a Lo Sa'aseh, it is not obvious that we apply the principle 'Ein Asei Docheh Lo Sa'aseh va'Asei' because elsewhere, the Torah compares the Kavod of one's parents to that of Hash-m Himself (by using the expression "Kabeid es ... " by both).

(c)The Tana Kama of our Mishnah states 'Mitzvah min ha'Torah li'Ferok Aval Lo Li't'on'. This cannot be taken literally in light of the Pasuk "Hakem Takim". What the Tana must therefore mean is 'Mitzvah min ha'Torah Li'f'rok be'Chinam (without payment) Aval Lo liT'on be'Chinam Ela bi'S'char (for payment)'.

4)

(a)We have already explained why Perikah is more obvious than Te'inah (and we will shortly elaborate further). How does the Tana Kama interpret ...

1. ... "Rovetz Tachas Masa'o"?

2. ... "Noflin ba'Derech"?

(b)What would we have thought had the Torah only written "Hakem Takim"?

(c)Why is this not so obvious according to Rebbi Shimon? How does he interpret "Noflin ba'Derech"?

4)

(a)We have already explained why Perikah is more obvious than Te'inah (and we will shortly elaborate further). The Tana Kama interprets ...

1. ... "Rovetz Tachas Masa'o" to mean that the animal is laden and needs to be unloaded.

2. ... "Noflin ba'Derech" that it has fallen in the street and so has its baggage, so that it now requires reloading.

(b)Had the Torah only written "Hakem Takim", we would have thought that Perikah, like Te'inah, may be done for remuneration (see Maharsha).

(c)This is not so obvious according to Rebbi Shimon, since he interprets "Noflin ba'Derech" to mean that the animal fell with its load still on its back. Consequently, both Pesukim refer to Perikah.

32b----------------------------------------32b

5)

(a)How does Rava try to extrapolate that Tza'ar Ba'alei Chayim is d'Oraysa from ...

1. ... the Tana Kama of our Mishnah who learns that Perikah is 'better' than Te'inah (as we explained)?

2. ... Rebbi Shimon, even though he does not differentiate between them?

(b)We refute the 'Kal va'Chomer' however, by applying it to something else. If the 'Kal va'Chomer' is not because of Tza'ar Ba'alei Chayim, then what is it because of?

(c)How do we refute this Pircha? Why can the 'Kal va'Chomer not be because of Chesaron Kis?

(d)We try to prove further from the Rabbanan of Rebbi Yossi Ha'Gelili in our Mishnah ('Im Hayah alav Yeser al Masa'o ... ') and the Rabbanan that Tza'ar Ba'alei Chayim must be d'Oraysa. How do we ...

1. ... attempt to prove it from there?

2. ... refute the proof? If not because of Tza'ar Ba'alei Chayim, and bearing in mind that the Torah writes "Tachas Masa'o", why else might the Rabanan incorporate an overloaded animal in the obligation?

5)

(a)Rava tries to extrapolate that Tza'ar Ba'alei is d'Oraysa from ...

1. ... the Tana Kama of our Mishnah (who learns that Perikah is 'better' than Te'inah) that Tza'ar Ba'alei Chayim is d'Oraysa because otherwise, what would be the advantage of Perikah over Te'inah?

2. ... Rebbi Shimon, even though he does not differentiate between them since even Rebbi Shimon agrees that if the Pesukim were clear, he too, would give Perikah precedence over Te'inah.

(b)We refute the 'Kal va'Chomer' however, by applying it to something else. In fact, the 'Kal va'Chomer' is (not because of Tza'ar Ba'alei Chayim, but) because of Chesaron Kis involved (the financial loss that one automatically sustains in the case of Perikah due to the depreciation of the animal), which does not apply in the case of Te'inah.

(c)We refute this Pircha however, concluding that the 'Kal va'Chomer cannot be because of Chesaron Kis because Te'inah too, involves Chesaron Kis, in two ways: firstly, in work-losses (since the owner is unable to go to work until his animal has been loaded; and secondly, because the unloaded goods attracts thieves.

(d)We try to prove further from the Rabbanan of Rebbi Yossi Ha'Gelili in our Mishnah ('Im Hayah alav Yeser al Masa'o ... ') and the Rabbanan that Tza'ar Ba'alei Chayim must be d'Oraysa. We ...

1. ... attempt to prove it from the fact that, in spite of the Pasuk "Tachas Masa'o" (which precludes an overloaded animal from the obligation), the Rabbanan obligate one to help unload it, clearly, we presume, because of Tza'ar Ba'alei Chayim.

2. ... refute the proof however, on the grounds that the Rabbanan's reason is (not because of Tza'ar Ba'alei Chayim at all, but) because they disagree with Rebbi Yossi Ha'Gelili's D'rashah of "Tachas Masa'o". According to them "Tachas Masa'o" implies any burden (even if it is an exceptionally heavy one).

6)

(a)What do we then try to prove from the Seifa of our Mishnah, which precludes an animal whose owner refuses to help unload his animal, from the Mitzvah?

(b)How do we refute this proof, too? What might 'Patur' mean?

6)

(a)We then try to prove from the Seifa of our Mishnah, which precludes an animal whose owner refuses to help unload his animal, from the Mitzvah that Tza'ar Ba'alei Chayim must be de'Rabbanan. Otherwise, why would he not be obligated to help, come what may?

(b)And we refute this proof, too by interpreting Patur to mean that he is exempt from unloading free of charge, but Chayav to unload for remuneration.

7)

(a)The Beraisa which obligates helping unload the animal of a Nochri also implies that Tza'ar Ba'alei Chayim is d'Oraysa. How do we refute this proof too?

(b)We even prove from the Seifa, which exempts helping the same animal if it is laden with wine, that Tza'ar Ba'alei Chayim cannot be d'Oraysa. Why will 'Eivah' not apply there?

(c)How do we amend the Beraisa to refute the proof that Tza'ar Ba'alei Chayim is only de'Rabbanan?

7)

(a)The Beraisa which obligates helping unload the animal of a Nochri also implies that Tza'ar Ba'alei Chayim is d'Oraysa. We refute this proof too however by establishing the reason because of 'Eivah' (Darkei Shalom, which is de'Rabbanan).

(b)We even prove from the Seifa, which exempts helping the same animal if it is laden with wine, that Tza'ar Ba'alei Chayim cannot be d'Oraysa. Neither does 'Eivah' apply there because one can always explain that his refusal to help is based on the prohibition of benefiting from forbidden wine (and not on personal bias).

(c)To refute this proof that Tza'ar Ba'alei Chayim is only de'Rabbanan we amend the Beraisa to a case of Te'inah, rather than Perikah.

8)

(a)The Beraisa cites "ve'Chadalta" in a case where the animal belongs to a Nochri and the load to a Yisrael, absolving one from the obligation of helping him. How do we establish the case, to refute the proof that Tza'ar Ba'alei Chayim is de'Rabbanan?

(b)In that case, why does the Tana continue 'Behemas Yisrael, u'Mas'uy Oved-Kochavim, "Azov Ta'azov" '?

(c)Then why is one not Chayav in the Reisha for the same reason?

(d)On what basis do we draw such a distinction?

8)

(a)The Beraisa cites "ve'Chadalta" in a case where the animal belongs to a Nochri and the load to a Yisrael, absolving one from the obligation of helping him. To refute the proof that Tza'ar Ba'alei Chayim is de'Rabbanan we establish this Beraisa too, by Te'inah.

(b)Nevertheless, the Tana continues "Behemas Yisrael, u'Mas'uy Oved-Kochavim, "Azov Ta'azov" ' because the Seifa speaks when the driver is a Yisrael, whom one is obligated to help.

(c)One is not Chayav in the Reisha for the same reason because the Reisha speaks when the driver is a Nochri.

(d)The basis for such a distinction is the fact that it is natural for the owner to accompany his own animal.

9)

(a)On what grounds do we totally reject the current interpretation of the Beraisa (establishing it by Te'inah)?

(b)How do we then re-learn the Beraisa after reinstating it by Perikah? Who must be the author?

(c)What does the Beraisa say about someone who loves loading but detests unloading and who now comes across one person whose animal needs to be loaded, and another whose animal needs to be unloaded?

(d)Why is this not a proof that Tza'ar Ba'alei Chayim is not d'Oraysa?

9)

(a)We totally reject the current interpretation of the Beraisa (establishing it by Te'inah) on the grounds that both Pesukim quoted by the Tana ("ve'Chadalta" and "Azov Ta'azov") are written in connection with Perikah and not Te'inah.

(b)After reinstating the Beraisa by Perikah we re-learn it by establishing the author as Rebbi Yossi Ha'Gelili in our Mishnah, who exempts one from helping to unload an overloaded animal, because he holds that Tza'ar Ba'alei Chayim is not d'Oraysa.

(c)The Beraisa rules that someone who loves loading but detests unloading and who now comes across one person whose animal needs to be loaded, and another whose animal needs to be unloaded should rather help to load.

(d)This is not a proof that Tza'ar Ba'alei Chayim is not d'Oraysa however because even if it is, the Mitzvah of overcoming one's Yetzer-ha'Ra takes precedence.

10)

(a)The Pasuk which discusses Perikah specifically refers to the donkey belonging to someone whom one hates. According to our initial understanding of a second Beraisa, what does the Tana mean when he says 'Sonei Yisrael, ve'Lo Sonei Oved-Kochavim'?

(b)What do we try to prove from here?

(c)To refute this proof, how do we establish the case of 'Sonei' in the Beraisa?

10)

(a)The Pasuk which discusses Perikah specifically refers to the donkey belonging to someone whom one hates. According to our initial understanding of a second Beraisa, when the Tana says 'Sonei Yisrael, ve'Lo Sonei Oved-Kochavim' he means that if one comes across the donkey of a Nochri whom one hates, he is Patur from helping him unload his animal.

(b)We try to prove from here that Tza'ar Ba'alei Chayim is not d'Oraysa.

(c)To refute this proof, we establish the case of 'Sonei' in the Beraisa by the hater referred to in the previous Beraisa, one who hates to load, who, the Tana is now saying, should not give precedence to loading the animal if the owner is a Nochri, but should rather unload the animal of the Yisrael.

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