Bava Metzia 93a

בבא מציעא צ״ג ע״א

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Topic

Whether a worker eats משלו or משל שמים, the eating rights of watchmen (רב vs. שמואל), and the four kinds of guards.

Overview

The amud begins by testing explanations of a contradiction. The משנה says a man may not stipulate away the eating rights of his minor slaves, but רבי הושעיא's ברייתא lets him do it for his Canaanite slaves, young or grown. After several answers are rejected, the גמרא concludes that the two sources disagree about whether a worker eats משלו (as part of his earnings) or משל שמים (as a Torah gift). Next comes the full משנה: who can trade away the right to eat, workers handling נטע רבעי or untithed produce, and watchmen who eat only by local custom. רב and שמואל argue over which watchmen that rule covers. The argument turns on whether guarding counts as work. שמואל's view survives two challenges, from the guard of the פרה אדומה and from the guard of cucumber fields, and רב אשי proves it from the wording of an earlier משנה. A new משנה then lists the four kinds of guards and their duties to swear or pay. The גמרא shows it follows רבי מאיר, who holds that a renter has the law of a paid guard: four guards, but three sets of laws. The amud ends with a story of a shepherd whose animal slipped into the river, whom רבה exempted.

Opening lines

The steps (33)

1. ChallengeThe earlier answer only works for one view about feeding slaves
2. ResolutionThe משנה and ברייתא disagree about feeding slaves
3. ChallengeWould רבי יוחנן really ignore the משנה?
4. ResolutionBoth agree he eats from Heaven; 'stipulate' means feeding beforehand
5. ChallengeThen he could do the same for his animal
6. ResolutionFinal answer: they disagree whether he eats 'from his own' or 'from Heaven'
7. StatementWho can trade away the right to eat
8. StatementWorkers with fourth-year fruit or untithed produce
9. StatementWatchmen of produce eat by local custom
10. Statementרב limits the watchman rule to growing produce
11. Conclusionרב's reasoning: guarding counts as work
12. Statementשמואל: Only watchmen of harvested produce eat, and only by custom
13. Conclusionשמואל holds that a guard is not like a worker
14. ChallengeChallenge: The guard of the פרה אדומה becomes טמא
15. ResolutionAnswer: It is a rabbinic precaution in case he moves a limb
16. ChallengeChallenge: The guard of cucumber fields may eat
17. ResolutionAnswer: The teaching is about picked cucumbers
18. ChallengeChallenge: Picked cucumbers are already finished
19. ResolutionAnswer: Their blossom was not yet removed
20. Proofרב אשי brings support for שמואל from the משנה's wording
21. ProofThe end of the משנה shows who cannot eat at all
22. StatementNew משנה: the four kinds of guards
23. StatementThe paid guard and the renter: swear for some cases, pay for others
24. QuestionWho taught the four guards?
25. ResponseIt is רבי מאיר
26. ChallengeDoesn't everyone agree there are four guards?
27. ResolutionThe point is that a renter is like a paid guard
28. ChallengeA ברייתא says רבי מאיר holds the opposite
29. Resolutionרבה בר אבוה reverses the names
30. ChallengeThen there are only three guards
31. ResolutionFour guards, three sets of laws
32. StatementThe shepherd whose animal fell into the river
33. Statementרבה's reason: what could he have done?