Bava Metzia 93b

בבא מציעא צ״ג ע״ב

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Topic

How carefully must a שומר שכר guard, and which attacks count as אונס for him?

Overview

רבה rules that a שומר שכר who guarded the way people normally guard is exempt. That includes going into town or napping at the usual times. אביי challenges him with ברייתות about an armed raid, about יעקב's guarding through heat and frost, and about a shepherd who left for town. רבה answers each one: city guards (חזני מתא) have a higher duty, יעקב did extra, and a shepherd who fled a lion must still gather help. A שומר חנם must use free help, while a שומר שכר must hire help up to the animals' value, and the owner pays him back. רב חסדא and רבה בר רב הונא disagree with רבה and hold that a paid watchman is paid for extra guarding. Two stories follow, a porter on a narrow bridge and flax snatched by a robber, and in both the watchman is held liable. A new משנה then lists which attacks count as אונס: one wolf versus two, dogs, bandits, wild beasts, and losses the shepherd caused himself. The גמרא explains that the bandits are armed, rules that even an armed shepherd need not fight an armed bandit, and begins אביי's case of a shepherd who taunts a thief, which continues on the next amud.

Opening lines

The steps (48)

1. Statementרבה's reason: he guarded the normal way
2. Challengeאביי asks: going into town at the usual time
3. Resolutionרבה: Yes, he is exempt
4. Challengeאביי asks: napping at the usual time
5. Resolutionרבה: Yes, he is exempt here too
6. ChallengeObjection from the raid of שבא
7. Resolutionרבה: That is about city guards
8. ChallengeObjection from יעקב's heat and frost
9. Resolutionרבה: That is also about city guards
10. Challengeאביי: Was יעקב a city guard?
11. Resolutionרבה: יעקב did extra, like a city guard
12. ChallengeObjection from the shepherd who left for town
13. ChallengeIsn't the ברייתא talking about a normal time to go to town?
14. ResolutionNo, he went in at an unusual time
15. ChallengeThen why is he ever exempt?
16. ResolutionHe heard a lion and ran into town
17. ChallengeWhat could he have done against a lion?
18. ResolutionHe should have faced it with shepherds and sticks
19. ChallengeWhy only a paid watchman? An unpaid one is also liable
20. ResolutionUnpaid gets free help, paid must hire help
21. QuestionHow much must he spend on hiring help?
22. ResponseUp to the value of the animals
23. ChallengeBut a paid watchman isn't liable for accidents
24. ResolutionHe gets the money back from the owner
25. ChallengeWhat does the owner gain if he pays for the helpers?
26. ResolutionThe owner keeps his own familiar animals and avoids extra bother
27. StatementSome hold that a paid watchman must guard with extra care
28. StatementA porter's animal falls off a narrow bridge, and רב פפא holds him liable
29. ChallengeThe porter asks what else he could have done
30. ResolutionYou should have led them across one at a time
31. ChallengeThe porter says nobody can do that
32. ResolutionThis complaint is old, and no one ever accepted it
33. StatementFlax snatched by a robber, and רב נחמן holds the watchman liable
34. ChallengeDoes רב נחמן disagree with רב הונא בר אבין?
35. Challengeרב הונא בר אבין's ruling on a stolen item when the thief is found
36. Resolutionרבא: help was nearby, so the watchman was negligent
37. Statementמשנה: one wolf versus two wolves
38. Statementמשנה: two dogs, and which direction they come from
39. Statementמשנה: bandits and dangerous wild animals
40. StatementBeasts and bandits count only if they came on their own
41. StatementNatural death and cliffs: by itself or caused by the shepherd
42. ChallengeA ברייתא says one wolf is an אוֹנֶס
43. ResolutionThe ברייתא follows רבי יהודה, during a wave of wolf attacks
44. ChallengeWhy are bandits an אוֹנֶס? He could fight back
45. ResolutionThe משנה means armed bandits
46. QuestionWhat if both the bandit and the shepherd are armed?
47. ResponseThe bandit risks his life and the shepherd does not
48. Questionאביי's case: the shepherd who taunts a thief