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Bava Metzia 79b

בבא מציעא ע״ט ע״ב

Learn Bava Metzia 79b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Rental disputes over boats and donkeys: unfinished trips, added cargo, what may be loaded, and who may ride

Overview

The amud opens by finishing the discussion of רבי נתן's ruling about a rented boat that could not finish its trip. רב פפא explains that the money stays where it is only when both a specific boat and specific wine were agreed on; if neither was specified, the two sides split the fee. Next comes a ברייתא about a renter who 'unloads' the boat halfway: he pays for half the trip, and the owner has only a תרעומת (grievance). After a back-and-forth, the גמרא rereads the case: the renter loaded extra cargo midway. The owner's grievance is about the change from the deal or the extra rope. A second ברייתא sets what the renter and the donkey driver may load on a rented donkey. רב פפא explains the difference by their usual habits: drivers buy food at each stop, renters do not. A third ברייתא teaches which riders are allowed on a donkey rented for a man or for a woman, and רב פפא explains its mention of a pregnant woman as one who is also nursing. אביי learns from this that a fish's weight goes by its belly, which matters when buying and selling.

Opening lines

נֵימָא לֵיהּ:

Let him say to him:

הַב לִי הָהוּא חַמְרָא

Give me that wine

וַאֲנָא מַיְיתֵינָא סְפִינְתָּא.

and I will bring a boat.

אָמַר רַב פָּפָּא:

Rav Pappa said:

The steps (18)

  1. ChallengeThe owner could ask for the wine and bring a new boat
  2. Resolutionרב פפא: the ruling applies only to this boat and this wine
  3. StatementA ברייתא: the renter unloads the boat halfway
  4. ChallengeWhich case is this? Either way it seems wrong
  5. ResolutionThe owner can re-rent; the grievance is for wear on the boat
  6. ChallengeIf the boat was worn down, that is a real money claim
  7. ResolutionA new reading: the renter loaded more cargo midway
  8. ChallengeIf so, why does the owner have any grievance?
  9. ResolutionThe grievance: a change from the deal, or extra rope
  10. StatementWhat a renter and a donkey driver may load on a rented donkey
  11. ChallengeWhy should the renter and the driver be treated differently?
  12. Resolutionרב פפא: drivers usually buy food at each stop, renters do not
  13. StatementWho may ride a donkey rented for a man or for a woman
  14. ChallengeWhy list pregnant after nursing?
  15. Resolutionרב פפא: a woman who is both pregnant and nursing
  16. Statementאביי: a fish's weight follows its belly
  17. QuestionWhat practical difference does אביי's lesson make?
  18. ResponseIt matters for buying and selling