Bava Metzia 42b

בבא מציעא מ״ב ע״ב

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Topic

Three cases of lost deposits: the money given to the mother, the orphans' ox, and the deposited hops

Overview

This amud holds three cases about a שומר whose deposit was lost, and each asks who has to pay. First, a man gave deposited money to his mother, who kept it in a chest instead of burying it, and it was stolen. רבא rules that the son swears he gave it to her and she swears it was stolen from the chest, and nobody pays. Second, an אפוטרופוס bought an ox for יתומים and gave it to a cowherd, but the ox had no teeth and starved. The יתומים got their money back from the seller, so the seller is the one with a claim. Since he was a trader who did not know about the defect, he swears, and the cowherd pays him the cheap value of the meat. Third, a שומר told his brewer to use his own hops, but the brewer used the deposited hops instead. The גמרא shows that both men have a defense, and that the שומר gained nothing from the hops, because the beer turned to vinegar (רב סמא בריה דרבא) or the hops were mixed with thorns (רב אשי). The ruling on the hops case continues on the next amud.

Opening lines

The steps (26)

1. ResolutionThe שומר's defense: depositors expect the family to help guard
2. QuestionShould the mother pay instead?
3. RejectionThe mother's defense: nobody told me it wasn't his
4. ChallengeBack to the שומר: why didn't you tell her?
5. ResolutionThe שומר's answer: she guards my money even better
6. Conclusionרבא's ruling: both swear and nobody pays
7. StatementThe story of the orphans' ox that died
8. QuestionHow should the judges rule?
9. RejectionThe guardian cannot be made to pay
10. RejectionThe cowherd also defends himself
11. ChallengeA paid watchman should have checked
12. ResolutionThe orphans did not lose anything
13. QuestionThen who has a claim against the cowherd?
14. ResponseThe seller of the ox is the one claiming
15. RejectionThe cowherd answers that the seller already knew
16. ResolutionThe seller was a trader who did not know
17. ConclusionThe trader swears and the cowherd pays the cheap meat price
18. StatementThe story of the deposited hops
19. Questionרב עמרם asks how judges should decide
20. RejectionThe שומר says he told the brewer which pile to use
21. RejectionThe brewer says he was never told to avoid the other pile
22. ChallengeThe brewer's delay should have told the שומר what was happening
23. ResolutionThe brewer did not take extra time
24. ChallengeWhat loss is there if the שומר's beer gained from the hops?
25. ResolutionThe beer turned into vinegar
26. ResolutionThe hops were mixed with thorns