Gemara Clarity

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.

Open Bava Metzia 44a in Gemara Clarity

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)

  1. QuestionWhere do we learn this?
  2. Responseבית שמאי: a thought makes him liable like an action
  3. Statementבית הלל: liable only after actually misusing it
  4. Challengeבית שמאי push back with their פסוק
  5. Challengeבית הלל push back with their פסוק
  6. QuestionThen what does 'על כל דבר פשע' come to teach?
  7. ResponseIt teaches liability when he tells his slave or agent
  8. Statementרבה: the tilted-barrel ruling applies only if it broke
  9. QuestionWhy does he pay for the whole barrel?
  10. ResponseHis own 'arrows' did the damage
  11. Statementשמואל: lifting with intent to take is enough
  12. QuestionDoes שמואל hold that misusing an object needs no loss?
  13. RejectionNo, wine is different because the barrel keeps it fresh
  14. Questionרב אשי asks: lifting a purse to take one coin
  15. ConclusionThe question stays unresolved
  16. ConclusionHadran — Closing פרק המפקיד
  17. StatementNew chapter: gold acquires silver, but silver does not acquire gold
  18. StatementCopper and silver, bad coins and good coins
  19. StatementUnminted coins and goods compared to minted coins
  20. StatementThe general rule: pulling the produce finalizes the sale, paying does not
  21. StatementThe curse of מי שפרע for someone who backs out
  22. Statementרבי שמעון: The one holding the money has the upper hand
  23. Statementרבי teaches his son: Gold acquires silver
  24. ChallengeThe son points out that his father once taught the opposite
  25. QuestionWhat was רבי's reasoning in each version?
  26. ResponseIn his youth: Gold is currency, silver is goods
  27. ResponseIn his old age: Silver is the currency