Bava Kamma 116a

בבא קמא קט״ז ע״א

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Topic

Wine that can't be drunk, and when a promise to pay a rescuer for his loss is binding: 'I was joking,' the ferry case, the donkeys in the river, and rescues that end unexpectedly.

Overview

This amud opens at the end of a ברייתא about wine that cannot be drunk. בית שמאי say to pour it out, and בית הלל say it may be used for sprinkling. רבי ישמעאל ברבי יוסי offers a compromise, reported in two versions, but the חכמים reject it: a third opinion cannot decide. The גמרא then returns to our משנה. It asks why the honey owner must keep his promise to pay for the wine, instead of saying 'I was joking,' as an escaping prisoner may say to a ferryman. The answer is that the honey case matches the second half of the ferry ברייתא, where the ferryman is a fisherman who lost real income. Next, the גמרא explains why the משנה needs both the wine case and the donkey case. רב rules that a rescuer whose own donkey came out of the river by itself still collects, which is compared to the story of רב ספרא and the lion. רבי rules that a rescuer who failed gets only his wage, and רב begins a challenge from a ברייתא about hiring a worker, which continues on the next amud.

Opening lines

The steps (21)

1. StatementPour it all out vs. use it for sprinkling
2. StatementA middle position: house vs. field
3. StatementAnother version: aged vs. new wine
4. RejectionA third opinion cannot decide
5. ChallengeWhy can't he say 'I was joking'?
6. ProofThe escaping prisoner and the ferry
7. ChallengeApplying the ferry case to the honey
8. ResolutionThe honey case matches the second half of the ferry ברייתא
9. QuestionWhat is the difference between the two halves of the ferry ברייתא?
10. ResponseThe second half is about a fisherman who lost real income
11. StatementQuoting the donkey case from the משנה
12. StatementWhy the wine case alone would not be enough
13. ConclusionWhy the donkey case alone would not be enough, so both are needed
14. QuestionWhat if the rescuer's own donkey came out by itself?
15. ResponseHeaven showed him mercy, so he still gets paid
16. ProofThe story of רב ספרא, the lion and the caravan
17. ChallengeWhy did רב ספרא need to take the donkey again?
18. Resolutionרב ספרא was just being extra careful
19. QuestionWhat if he tried to rescue but failed?
20. ResponseA failed rescuer gets only his wage
21. Challengeרב begins a challenge from a teaching about hiring a worker