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Bava Metzia 81a

בבא מציעא פ״א ע״א

Learn Bava Metzia 81a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

How a guardian's level of responsibility changes when his work, use or benefit ends, and when guarding counts as שמירה בבעלים.

Overview

The משנה teaches that a craftsman is a שומר שכר over the item he works on. Once he says "טול את שלך והבא מעות", he becomes only a שומר חנם. The גמרא brings three versions of a discussion about whether simply saying "גמרתיו" works the same way, as רב חסדא holds; in each version the משנה is read so that it fits רב חסדא. In the third version, a borrower's liability on the return trip is limited to the loan period. אמימר rules that after the loan period the borrower is still a שומר שכר, because he had benefit, and a ברייתא about vessels sent to a father-in-law supports him. רב נחמן explains why a man trying to sell a donkey stays fully liable even on the way back. The גמרא then explains why "guard for me and I will guard for you" is not שמירה בבעלים: the guarding happens on different days. It ends with the story of the bakers and the stolen cloak, retold so that it fits both views on פשיעה בבעלים.

Opening lines

הָא ״גְּמַרְתִּיו״ – שׁוֹמֵר שָׂכָר.

This implies that "I finished it" leaves him a paid guardian.

לָא, הָא ״הָבֵא מָעוֹת וְטוֹל אֶת שֶׁלְּךָ״

No. Rather, this implies that "Bring money and take yours"

– שׁוֹמֵר שָׂכָר.

leaves him a paid guardian.

אֲבָל ״גְּמַרְתִּיו״ מַאי שׁוֹמֵר חִנָּם?

But "I finished it": what? Is he an unpaid guardian?

The steps (26)

  1. ChallengeInference from the משנה: saying 'I finished it' leaves him a paid guardian
  2. RejectionRejecting the inference: the opposite case is 'bring money, then take yours'
  3. ChallengeChallenge: then the משנה should have taught the simpler 'I finished it' case
  4. ResolutionAnswer: 'Take yours' had to be taught so we don't think he has no responsibility at all
  5. ProofSecond version: רב נחמן בר פפא brings the משנה as support
  6. RejectionRejecting the proof: 'take yours' is a special case
  7. StatementA third version: the craftsman's case from our משנה
  8. ChallengeThe borrower stays liable even while returning
  9. ResolutionLiable only during the loan period
  10. QuestionExempt completely, or still a paid guardian?
  11. Responseאמימר: he had benefit, so he must give benefit
  12. ProofSupport from the vessels sent to the father-in-law
  13. StatementThe donkey taken to be sold and injured on the way back
  14. Challengeרבה challenges רב נחמן from the ברייתא about the return trip
  15. ResolutionFor this man, the trip back still counts as the trip there
  16. StatementThe משנה: guarding for each other makes each a paid guardian
  17. ChallengeIsn't this guarding while the owner is working for him?
  18. Resolutionרב פפא: the guarding happens on different days
  19. StatementA ברייתא lists four swap deals that make each side a paid guardian
  20. ChallengeWhy are they liable if the owner is working for the guardian?
  21. Resolutionרב פפא: the favors are on different days
  22. StatementThe story of the bakers and the stolen cloak
  23. ChallengeThe רבנן challenge רב פפא: this is carelessness while the owner works
  24. ResolutionIt turns out the owner was drinking beer, not baking
  25. ChallengeWhy the embarrassment, according to the view that carelessness with the owner is liable?
  26. ResolutionThe story retold: guarding the cloak was his payment for baking