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Bava Metzia 34b

בבא מציעא ל״ד ע״ב

Learn Bava Metzia 34b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

רב פפא's unresolved questions about the כפל, then רב הונא's oath for a paying שומר and the lost-משכון משנה

Overview

Earlier on the דף we learned that a שומר whose deposit was stolen can pay the owner instead of swearing, and the owner then gives him the right to the כפל, the thief's double payment. On this amud רב פפא asks a long list of questions about when that right still passes to him. What if he said 'I will pay' and then 'I will not pay'? What if he died and his sons refused, or his sons paid, or he paid the owner's sons? What about paying only half, or cases with partners, or with a husband and wife? All of these end with תיקו, with no answer. Then רב הונא rules that even a שומר who offers to pay must swear the item is not with him, in case he wants to keep it. The גמרא quotes a משנה about a lost משכון to test this rule. It explains, with שמואל, that the משנה's rule 'the one holding the deposit swears' refers to the case where the borrower admits part of the claim, and חז"ל moved that oath to the lender. The amud ends as the גמרא starts to ask how this משנה fits with רב הונא, and that question continues on the next amud.

Opening lines

וְחָזַר וְאָמַר ״אֵינִי מְשַׁלֵּם״, מַאי?

and then said 'I will not pay,' what is the law?

מִי אָמְרִינַן מִהְדָּר קָא הָדַר בֵּיהּ,

Do we say he is backing out of it,

אוֹ דִלְמָא בְּמִלְּתֵיהּ קָאֵי

or perhaps he stands by his word

וְדַחוֹיֵי הוּא דְּקָא מְדַחֵי לֵיהּ?

and he is only putting him off?

The steps (20)

  1. QuestionSaying 'I will not pay': backing out or just delaying?
  2. QuestionThe שומר promised and died, and his sons refuse
  3. QuestionThe שומר's sons pay the owner
  4. QuestionThe שומר pays the owner's sons
  5. QuestionSons pay sons
  6. QuestionPaying only part of the value
  7. QuestionBorrowing from partners or by partners
  8. QuestionA woman and her husband
  9. ConclusionAll the questions stay unresolved
  10. Statementרב הונא: the שומר must swear the item is not with him
  11. ChallengeChallenge from a lost משכון: first case
  12. ChallengeThe משכון case continues: partial admission
  13. ChallengeThe borrower claims money back and the lender denies it all
  14. ChallengeThe borrower claims money back and the lender admits part of it
  15. StatementThe one holding the deposit is the one who swears
  16. QuestionWhich case does the oath rule refer to?
  17. Responseשמואל: the rule refers to the first case
  18. QuestionWhich part of the first case did שמואל mean?
  19. ResponseThe oath moves from the borrower to the lender
  20. ChallengeOpening word of a question about רב הונא