Bava Metzia 58a

בבא מציעא נ״ח ע״א

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Topic

Oaths and guarding responsibility for הקדש, and רבי שמעון's rule about קדשים one must replace

Overview

This amud finishes quoting a משנה from מסכת שקלים about agents who lost the שקלים they were carrying and must swear about them. That seems to clash with our rule that no oath is taken about הקדש. שמואל says the agents were paid and swear only to collect their wages. רבה defends this reading against two challenges. רבי יוחנן instead says the משנה follows רבי שמעון, but this answer fails once the Temple collection has been made. So רבי אלעזר says the oath is a rule of the חכמים to protect הקדש. Next, רב יוסף בר חמא raises a ברייתא that seems to make a paid guard of holy items pay. The answer, from רב ששת and רבי יוחנן, is that those workers took on responsibility with a קנין. Finally, a ברייתא gives the source for רבי שמעון's rule about קדשים one must replace, and רבי יצחק בר אבא protests that it looks backwards.

Opening lines

The steps (18)

1. ChallengeEnd of the quoted משנה about lost שקלים
2. Resolutionשמואל: the agents were paid and swear to get their wages
3. ChallengeIf it is about wages, why swear to the treasurers?
4. Resolutionרבה: they swear to the townspeople while the treasurers are present
5. ChallengeA paid שומר is responsible for theft and loss, so shouldn't they lose their wages?
6. Resolutionרבה: armed robbers and a sunken ship
7. Resolutionרבי יוחנן says the משנה follows רבי שמעון
8. ChallengeAfter the Temple collection, no one is responsible anymore
9. Resolutionרבי אלעזר: The oath is a rabbinic enactment
10. ChallengeContradiction: Does a paid guard of holy items pay?
11. ChallengeThe second half of the ברייתא seems to make the guard pay
12. ResolutionResponsibility means losing his wages
13. ChallengeThat reading fails in the first half of the ברייתא
14. Questionרבה asks if there is a known answer
15. ResponseThe workers took on responsibility with a קנין
16. Statementרבי שמעון: holy items have אונאה only if one must replace them
17. StatementThe ברייתא: holy items one must replace versus holy items one need not replace
18. Challengeרבי יצחק protests that the matching is backwards