Bava Metzia 42a
בבא מציעא מ״ב ע״א
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Topic
How a שומר must guard deposited money: the משנה's standard, רבי יצחק's teachings on money and ברכה, שמואל's burial rule, and cases of liability
Overview
The משנה teaches that a שומר of deposited coins must guard them כדרך השומרים. If he ties them behind his back, gives them to young children, or locks them up poorly, he pays. The גמרא explains, from the פסוק 'וצרת הכסף בידך', that money must be kept in your hand and not behind you. It then brings teachings of רבי יצחק about money: keep cash on hand, split your wealth into thirds, and know that ברכה rests only on what is hidden from the eye. A ברייתא about praying before measuring grain backs up that idea. Next, שמואל rules that money is properly guarded only when buried. רבא adds limits around שבת, and the גמרא updates the hiding place as thieves change their methods. A burial depth of one טפח is enough, unlike the three טפחים needed for חמץ. The גמרא then tells three stories about שומרים. It rules that תחילתו בפשיעה וסופו באונס is חייב, and that a שומר who says 'I don't know where I put it' must pay. The amud ends with רבא starting to analyze a case where the שומר gave the money to his mother, and the analysis continues on the next amud.
Opening lines
מַתְנִי׳ הַמַּפְקִיד מָעוֹת אֵצֶל חֲבֵרוֹ,
MISHNA: One who deposits coins with his fellow,
צְרָרָן וְהִפְשִׁילָן לַאֲחוֹרָיו,
and [the fellow] tied them up and slung them behind his back,
אוֹ שֶׁמְּסָרָם לִבְנוֹ וּלְבִתּוֹ הַקְּטַנִּים,
or he handed them over to his young son or daughter,
וְנָעַל בִּפְנֵיהֶם שֶׁלֹּא כָּרָאוּי –
or he locked [the door] in front of them in a way that wasn't proper,
The steps (29)
- StatementThe משנה: improper ways of guarding deposited coins
- ChallengeWhat is wrong with tying the money and carrying it on his back?
- ResolutionThe Torah requires money to be kept in your hand, in front of you
- StatementAlways keep some money on hand
- StatementDivide your money into three parts
- StatementBlessing rests on what is hidden from the eye
- StatementThe school of רבי ישמעאל teaches the same idea
- StatementA prayer for blessing before measuring grain
- StatementMoney is only guarded when buried
- StatementNo need to bury money right before שבת
- StatementAfter שבת he must bury it, unless the owner may need it for הבדלה
- StatementWhen diggers are common, hide money in the roof beams
- StatementWhen beam-breakers are common, hide money between the bricks
- Statementשמואל agrees a wall or corners are also fine
- StatementWhen tappers are common, hide money near the floor or ceiling
- StatementQuoting the rule about חמץ buried under rubble
- QuestionMust money be buried three טפחים deep?
- ResponseMoney needs less depth than חמץ because the reason is different
- QuestionSo how deep must the money be?
- ResponseOne טפח is enough
- StatementStory: money kept in a willow hut was stolen
- Statementרב יוסף: negligence at the start, accident at the end, so he is liable
- StatementOther version of רב יוסף: he is exempt
- ConclusionThe הלכה: negligence at the start makes him liable
- StatementStory: the שומר doesn't know where he put the money
- Statementרבא: 'I don't know' is negligence, so go pay
- StatementStory: the שומר gave the money to his mother
- Questionרבא asks how judges should rule in this case
- QuestionShould the שומר himself be told to pay?