Bava Metzia 36b

בבא מציעא ל״ו ע״ב

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Topic

שומר שמסר לשומר, and the dispute about negligence followed by a natural death (marsh and cliff cases)

Overview

The amud opens by finishing an answer for רבי יוחנן's view that a שומר who hands a deposit to someone else is liable. His own wife and children are an exception, because the owner expects them to be around. The sages of נהרדעא show that the wording of the משנה supports this. רבא rules as final הלכה that a שומר who hands a deposit to another שומר is always liable, because the owner trusts only the first שומר's oath. Next, אביי and רבא both quote רבה on a careless שומר whose animal wandered into a marsh and died naturally. אביי says he is liable because the marsh killed it, and רבא says he is exempt because death would have come anywhere. Each admits a limit to his view. Then each defends his view against a challenge, including a long back-and-forth about a משנה on animals at the cliffs. Finally, שמואל rules like רבי יוסי that a renter may not profit from the owner's cow, and רב שמואל בר יהודה begins to question how far that ruling reaches, which continues on the next amud.

Opening lines

The steps (20)

1. ResolutionAn owner expects the guardian's family to be involved
2. ProofThe wording of the משנה supports the family distinction
3. Conclusionרבא's final ruling: a guardian who hands off a deposit is liable
4. QuestionWhy is the unpaid guardian liable?
5. ResponseThe owner trusts only the original guardian's oath
6. StatementNegligence followed by natural death: a dispute in רבה's name
7. Statementאביי's version: the guardian is liable because the marsh killed it
8. Statementרבא's version: the guardian is exempt because death comes anywhere
9. Statementאביי agrees: if the animal came home and died, the guardian is exempt
10. Statementרבא agrees: if a thief took it from the marsh, the guardian is liable
11. Challengeאביי challenges רבא from the exchange of רבי אבא בר ממל and רבי אמי
12. Resolutionרבא: The objection depends on אביי's reason, not mine
13. Challengeרמי בר חמא challenges אביי from the cliff case
14. ResolutionThe משנה speaks of a good pasture
15. ChallengeThen he should be exempt even if it fell
16. ResolutionHe should have held the animal back
17. ChallengeBut the first clause exempts him when it climbed and fell
18. ResolutionThe animal overpowered him
19. StatementQuoting רבי יוסי and ruling that the הלכה follows him
20. Questionרב שמואל בר יהודה recalls what רב יהודה said earlier