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Questions tagged [bava-metzia]

The second Mesechet in the order of Nezikin in the Talmud.

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Can (or must) a nazir return a lost object found in a cemetery?

A Kohen may not perform the mitzvah of returning a lost object if it requires entering a cemetery. Bava Metzia 32a. What about a nazir? The nazir has two negative commandments (per sefer haChinuch) ...
PurpleTurtle's user avatar
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Siyum of Bava Kama/Metzia/Basra or Sanhedrin/Makkos

I have been told that originally, Bava Kama, Bava Metzia and Bava Basra were one masechta called Maseches Nezikin and that Makkos was part of Maseches Sanhedrin. A siyum of a masechta of Gemora is ...
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Can you get an animal high?

The gemarah (Bava Metziah 32b, based on Shemot 32:5) explains that a person is not allowed to give an animal undo pain, this is know as צער בעל חי. I would like to know if a person is allowed to give ...
rikitikitembo's user avatar
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Can you really keep money you find on the floor even if it's fairly obvious who lost it beyond reasonable doubt?

The question is inspired by Bava Metzia 23, which seems to provide only one exception to the rule: a sign. I'm sure there are other general exceptions too e.g. two witnesses saw whose pocket the money ...
rudolfovic's user avatar
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Saving one's rebbe's possessions

The Gemorah in Baba Metzia 33 states that, when seeing one's rebbe vs. one's father's possessions, the Rebbe takes precedence. The rebbe brings him to Olam HaBah and his father Olam haZeh. The items ...
Joel Gellen's user avatar
3 votes
1 answer
108 views

Why doesn't the Gemera bring 3 more proofs for if צער בעלי חיים is Biblical or Rabbinical?

The Gemera in Bava Metzia 32a-33a has the famous dispute about if צער בעלי חיים is a Biblical or Rabbinic prohibition, and both sides brings proofs one way and the other. My question is, we don't find ...
Avishai Tebeka's user avatar
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How exactly would Eliyahu resolve monetary disputes? (ie "מֻנָּח עַד שֶׁיָּבֹא אֵלִיָּהוּ")

In the beginning perakim of Bava Metzia, there are several mishnayos (see: 1:8, 2:8, 3:4, 3:5) that present cases when there is uncertainty as to who the owner of an item may be, and state: יְהֵא ...
alicht's user avatar
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3 votes
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Why can one not daven to change the gender of a fetus?

According to Bava Metzia 42a, one may daven for things in the past if it's something that nobody knows yet. Yet, when Berachos 60a asks how one may daven to change the gender of her fetus on the ...
DonielF's user avatar
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Does "Not in Heaven" approach break of the chain of tradition (B"M 59b)?

In the famous argument about Tanuro Shel Akhnai (Bava Metzia.59b) R' Eliezer claims to faithfully represent the Heavenly tradition and he's supported by the Heaven. Neither R' Yehoshua, nor God admits ...
Al Berko's user avatar
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Can banning a Sage be made in G-d's honor?

We hold that (Avot 5,17): כָּל מַחֲלֹקֶת שֶׁהִיא לְשֵׁם שָׁמַיִם, סוֹפָהּ לְהִתְקַיֵּם... אֵיזוֹ הִיא מַחֲלֹקֶת שֶׁהִיא לְשֵׁם שָׁמַיִם, זוֹ מַחֲלֹקֶת הִלֵּל וְשַׁמַּאי. Every dispute that ...
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Different things falling through the air

Rava has a question: What is the halacha regarding something which you throw through a house, that goes in one window and out the other? Do we say that something that passes through the house's ...
DonielF's user avatar
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Explanation of Gemara's Interpretation of מצא

The Gemara Bava Kamma (113b) states that the term ומצאתה implies physical acquisition (rather than mere finding as the word would seem to imply): אמר רבינא {דברים כב-ג} ומצאתה דאתאי לידיה משמע The ...
mevaqesh's user avatar
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How was the market price established in the time of the gemoro?

Rambam - Malveh veLoveh - Chapter 9 paskens א. אין פוסקין על הפירות עד שיצא השער An order for produce cannot be placed until a market price has been established. according to the mishnah in ...
Avrohom Yitzchok's user avatar
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1 answer
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Why was R’ Elazar certain that anyone sleeping during the day with wine was either a craftsman, a scholar, a night worker, or a thief?

Bava Metzia 83b records that R’ Elazar son of R’ Shimon approached a Roman officer and asked him how he is successful at catching crafty criminals (citing a passuk to that effect). The guard asked him ...
DonielF's user avatar
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Bava Metzia question - Shnayim Ochzim

If three people came into beit din holding a object and two of the people said they both found an object together, and the third person said “I found the object solely by by myself,” what would be ...
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How can anyone hold that Tza’ar Ba’alei Chaim is d’Rabbanan?

The Gemara (Bava Metzi’a 32b-33a) discusses the prohibition of tza’ar ba’alei chaim, causing pain to animals, and whether it is from the Torah (d’Oraisa) or from the Rabbis (d’Rabbanan), concluding ...
DonielF's user avatar
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1 vote
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A gift on condition that I could take it back

The Gemara in Kiddushin 6b says that one may not marry a woman with money given on condition that she return it afterwards, as it's like chalipin which is invalid for marriage. Say that a man gives a ...
DonielF's user avatar
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1 vote
2 answers
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Why didn't the Heavenly Voice testify for Elu Ve'Elu in Tanuro Shel Achnai argument?

There are a couple of iconic arguments in our Gemmorah and Tanuro Shel Achnai (BM 59)is surely one of them. Here's a short recap: R' Eliezer had an argument with some Chachamim, and R' Yehoshua was ...
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How Tanuro Shel Akhnai was different from the first Machlokes in the Mishnah?

THe first Mishna presents a Machlokes between R' Eliezer, R' Gamliel and "the rest" of the Chachamim (unclear). מֵאֵימָתַי קוֹרִין אֶת שְׁמַע בְּעַרְבִית. מִשָּׁעָה שֶׁהַכֹּהֲנִים ...
Al Berko's user avatar
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Clarification on Mesivta's calculations of Shtut

The Mesivta on B"M 50 brings the following table summarizing different ways of calculations of Shtut: I couldn't understand, if 1 out of 6 makes 16.6%, how come 9 out of 60 make 8.3%. Please help ...
Al Berko's user avatar
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Why is this Mishnah repeated regarding backing out of sales?

The last stitch of the Mishnah in Demai 3:2 reads as follows: היה עומד ולוקח וראה טען אחר יפה ממנו, מתר להחזיר, מפני שלא משך. If one is ready to purchase something [but has not yet made an ...
DonielF's user avatar
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-2 votes
1 answer
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What does it mean "נצחוני בני" after "לא בשמים היא" and "אחרי רבים להטות"?

There's something seemingly erratic in Heaven's behavior as reflected in the Gemmorah. If "לא בשמים היא" and "אחרי רבים להטות" were established Heavenly Halachot why would G-d smile and state "My ...
Al Berko's user avatar
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