Bava Metzia - Daf 33

  • אבדת אביו ואבדת רבו של רבו קודמת, defining a Rebbe

The next Mishnah states that retrieving one’s own lost item takes precedence over his father’s or his Rebbe’s lost item. If he saw his father’s אבידה and his Rebbe’s אבידה, his Rebbe’s takes precedence, שאביו הביאו לעולם הזה – for his father brought him into this world, ורבו שלמדו חכמה מביאו לחיי העולם הבא – and his Rebbe, who taught him wisdom, brings him into Olam Haba.

In a Baraisa, Rebbe Meir defines the “Rebbe” of this Mishnah as one who taught him "חכמה", which Rashi interprets as Gemara, the explanations of Mishnayos. Rebbe Yehudah says: כל שרוב חכמתו הימנו – the one from whom he learned most of his wisdom. Rebbe Yose says: אפילו לא האיר עיניו אלא במשנה אחת – even if he only enlightened him regarding one Mishnah, זה הוא רבו – he is considered his Rebbe. Shmuel tore his garment in mourning for someone who explained one Mishnah to him. Ulla said the Torah scholars of Bavel used to stand up for each other, and tear their garments over each other’s passing, but only applied the Mishnah’s law of precedence to רבו מובהק – one’s primary teacher.

  • Comparing the study of Mikra, Mishnah, and Gemara

It was taught in a Baraisa: העוסקין במקרא – Those who occupy themselves with learning pesukim of the Torah, מדה ואינה מדה – accomplish a measure, but not such a great measure. במשנה מדה ונוטלין עליה שכר – Those who learn Mishnah, accomplish a great measure, and receive reward for it. בתלמוד אין לך מדה גדולה מזו – For those who learn Talmud (i.e., Gemara), there is no measure greater than this, because it explains Mishnayos. ולעולם הוי רץ למשנה יותר מן התלמוד – And one should always run to learn Mishnah more than Talmud. These last two clauses are contradictory, and Rebbe Yochanan explains that the first statement was made during the days of Rebbe, when generations-long persecutions had eased, and they were able to analyze and organize disputes and resolve contradictions. However, everyone abandoned learning Mishnayos and only learned Gemara. Afraid that the correct text of the Mishnayos would be forgotten, Rebbe declared that people should always run to learn Mishnayos. The Gemara quotes Rebbe’s original derashah teaching the hazards of not properly understanding Mishnayos, as Rebbe Yehudah taught in a Mishnah: הוי זהיר בתלמוד – be careful in learning Talmud, ששגגת תלמוד עולה זדון – because mistakes in Talmud is tantamount to intentional transgression.

  • A שומר who willingly pays for a stolen פקדון receives the כפל

The third Perek begins: המפקיד אצל חבירו בהמה או כלים – If one deposits an animal or utensils with his friend, and it was stolen or lost, שילם ולא רצה לישבע – and [the שומר] paid for the item and did not want to swear, although he could have sworn he was not negligent and exempt himself from paying, then if the thief is later found, where כפל is paid (or ד' וה' if he shechted or sold the animal), the payment is given למי שהפקדון אצלו – to the one with whom the פקדון was, i.e., the שומר. If the שומר chose to swear and not pay, the payment is given to the owner. The Gemara explains why the Mishnah taught the two cases of animals and utensils: one could think the owner only transfers the later payments of an animal to the שומר, because its care required great effort, but would not transfer the payments of utensils. On the other hand, perhaps only payments for utensils are transferred to the שומר, where the potential payments are relatively minimal (since they are only double), as opposed to animals, where the payment can reach four or five times its value.