Bava Metzia 36a

בבא מציעא ל״ו ע״א

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Topic

False oaths of a שוכר and a שואל, and whether a שומר who hands the item to another שומר is liable.

Overview

This amud finishes רבי ירמיה's list of the קרבנות a שוכר and a שואל bring when they swear falsely about a cow. The גמרא gives the rule behind the list: a lie that denies money owed brings an אשם, and a lie that changes nothing about payment brings a חטאת. It then works through all four combinations. It explains that the list teaches that the הלכה is not like רבי אמי: an oath imposed by judges still counts as a שבועת ביטוי. Next comes a new dispute about a שומר who hands the item to another שומר. רב says he is exempt, and רבי יוחנן says he is liable, because the owner can say 'I don't want my deposit in someone else's hand.' רב חסדא shows that רב's view was only inferred from a story about gardeners' spades, and that the story had a special detail. Finally, רבי יוחנן's view is challenged from two משניות. The first challenge is answered, and רבא begins answering the second, with his answer continuing on the next amud.

Opening lines

The steps (22)

1. Statementרבי ירמיה finishes his list of possible outcomes
2. StatementThe key rule: money denied means אשם, empty words mean חטאת
3. ResponseCase where both bring a חטאת: the cow died naturally, but they claimed an accident
4. ResponseCase where both bring an אשם: the cow was stolen, but they claimed it died from work
5. ResponseRenter brings a sin-offering, borrower brings a guilt-offering
6. ResponseRenter brings a guilt-offering, borrower brings a sin-offering
7. QuestionWhat does this list teach us?
8. ResponseThe list rejects the view of רבי אמי
9. StatementA guardian who handed the item to another guardian
10. Statementאביי: How far רב's exemption goes
11. Statementאביי: How far רבי יוחנן's liability goes
12. Statementרב חסדא: רב's ruling was only inferred
13. StatementThe story of the gardeners' spades
14. Statementרב exempts the gardener and people draw a conclusion
15. RejectionNot so: the owners themselves used that old woman
16. ChallengeChallenge from the renter who lent out the cow
17. ResolutionThe owner gave permission to lend
18. ChallengeThen the borrower should pay the owner
19. ResolutionThe owner said 'as you see fit'
20. ChallengeSecond challenge: coins given to small children
21. ChallengeGrown children would be fine, so why can't the owner object?
22. Resolutionרבא begins his answer about every depositor