Bava Metzia 44a
בבא מציעא מ״ד ע״א
Learn Bava Metzia 44a step by step: Aramaic beside English, every question, answer and proof colour-coded.
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Topic
End of פרק המפקיד (planning to misuse a פקדון, and the barrel cases) and the opening of פרק הזהב on which side of a coin exchange finalizes the deal
Overview
The גמרא asks for the source of the dispute in the משנה about a שומר who only plans to misuse a פקדון. A ברייתא shows that בית שמאי learn from 'על כל דבר פשע' that a plan counts like an act. בית הלל require a real act, and read that פסוק as making him liable when he tells his slave or agent to misuse it. רבה limits the case of a tilted barrel: he pays only for what he took if the barrel broke, but if the wine soured he pays for all of it, since his own act caused that. שמואל says that lifting the barrel in order to take is already enough to make him liable. The גמרא explains this is because he wants the whole barrel as a base for his wine, not because a loss isn't needed. רב אשי asks whether lifting a purse to take one coin works the same way, and the question stays unresolved (תיקו). Then פרק המפקיד ends, and פרק הזהב opens with a משנה listing which side of a trade finalizes the deal: taking the item does, paying money does not. The גמרא begins with רבי changing his wording from 'silver acquires gold' to 'gold acquires silver' and starts to explain his reasoning, which continues on the next amud.
Opening lines
גמ׳ מְנָהָנֵי מִילֵּי?
Gemara: From where are these matters derived?
דְּתָנוּ רַבָּנַן:
As the Sages taught:
״עַל כׇּל דְּבַר פֶּשַׁע״,
"For every matter of trespass"
בֵּית שַׁמַּאי אוֹמְרִים:
Beit Shammai say:
The steps (27)
- QuestionWhere do we learn this?
- Responseבית שמאי: a thought makes him liable like an action
- Statementבית הלל: liable only after actually misusing it
- Challengeבית שמאי push back with their פסוק
- Challengeבית הלל push back with their פסוק
- QuestionThen what does 'על כל דבר פשע' come to teach?
- ResponseIt teaches liability when he tells his slave or agent
- Statementרבה: the tilted-barrel ruling applies only if it broke
- QuestionWhy does he pay for the whole barrel?
- ResponseHis own 'arrows' did the damage
- Statementשמואל: lifting with intent to take is enough
- QuestionDoes שמואל hold that misusing an object needs no loss?
- RejectionNo, wine is different because the barrel keeps it fresh
- Questionרב אשי asks: lifting a purse to take one coin
- ConclusionThe question stays unresolved
- ConclusionHadran — Closing פרק המפקיד
- StatementNew chapter: gold acquires silver, but silver does not acquire gold
- StatementCopper and silver, bad coins and good coins
- StatementUnminted coins and goods compared to minted coins
- StatementThe general rule: pulling the produce finalizes the sale, paying does not
- StatementThe curse of מי שפרע for someone who backs out
- Statementרבי שמעון: The one holding the money has the upper hand
- Statementרבי teaches his son: Gold acquires silver
- ChallengeThe son points out that his father once taught the opposite
- QuestionWhat was רבי's reasoning in each version?
- ResponseIn his youth: Gold is currency, silver is goods
- ResponseIn his old age: Silver is the currency