Bava Metzia 90b

בבא מציעא צ׳ ע״ב

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Topic

The קנס for castrating through a נכרי, the limits of the ban on muzzling a threshing animal, and whether speech counts as an action for מלקות.

Overview

The amud opens at the end of a question about Jewish oxen that non-Jews 'steal' and castrate. The answer is that the owners used a trick, so they are penalized with a forced sale. רב פפא says this proves nothing about אמירה לנכרי in general, because the askers held like רבי חידקא that בני נח may not castrate either, so the owners broke לפני עור. אביי rejects רבא's idea that the sale must be for slaughter only. The גמרא then discusses whether selling to a son counts. Next, רמי בר חמא asks a list of questions about indirect ways of keeping a threshing animal from eating, like a thorn, a lion, its baby, thirst, or a cover over the grain. An attempted proof from a ברייתא about straw is rejected. רבי סימאי proves from the law of a כהן drinking wine that muzzling before threshing is also forbidden, because what counts is the animal's state while it threshes. Finally, a ברייתא gives מלקות only to the one who threshes or leads, and רבי יוחנן and ריש לקיש argue whether muzzling or leading by voice counts as an action. רבי יוחנן's objection to ריש לקיש begins at the end of the amud and continues on the next amud.

Opening lines

The steps (24)

1. QuestionThe question about oxen castrated by non-Jews
2. ResponseThey used a trick, so trick them back and make them sell
3. Rejectionרב פפא: no proof, because non-Jews are also forbidden to castrate
4. Statementרבא: they must be sold for slaughter
5. Rejectionאביי: forcing the sale is penalty enough
6. QuestionCan he sell the animal to his son?
7. Responseרב אחי forbids, רב אשי permits
8. ConclusionPious Sages traded such oxen with each other
9. QuestionA thorn placed in the animal's mouth
10. ChallengePlacing it yourself is obviously muzzling
11. ResolutionReworded: a thorn got stuck by itself
12. QuestionA lion crouching outside
13. QuestionMore cases: its baby, thirst, a leather cover
14. ProofTrying to answer one question from a ברייתא
15. RejectionThe straw case is different: the animal still eats
16. RejectionAnother reading: the straw is given before threshing
17. QuestionMuzzling the animal before threshing starts
18. ProofA parallel from a כהן drinking wine
19. RejectionThe next פסוק shows the timing of drinking is not what counts
20. ResponseWhat counts is the state during the act
21. StatementWho gets מלקות for muzzling and for mixed animals
22. StatementMuzzling or leading with the voice: a dispute
23. StatementThe reasons: is moving the mouth an action?
24. Challengeרבי יוחנן begins an objection to ריש לקיש