Bava Metzia - Daf 42
- Safeguarding money
The next Mishnah states that if one deposited money with his friend, צררן והפשילן לאחוריו – if he bundled it up and slung it behind him or handed it to his young child and did not lock the door adequately before them, he is liable, because he did not guard it as שומרים normally do. ואם שימר כדרך השומרים פטור – If he guarded it in the normal manner of שומרים, he is exempt. The first case is explained by Rav Yitzchak, based on a passuk: "וצרת הכסף בידך" – you shall bundle up the money in your hand, implying that אף על פי שצרורין יהיו בידך – even though it is bundled up, it should be in your hand.
Later, Shmuel says: כספים אין להם שמירה אלא בקרקע – Money does not have any acceptable safeguarding except burying it in the ground. However, nowadays that people strike the ground to try to detect hidden valuables, it must be kept in ceiling beams. The Gemara eventually concludes that it must be inserted inside a wall, within a tefach of the floor or ceiling (where it cannot be detected by tapping the wall).
- אין הברכה מצויה אלא בדבר הסמוי מן העין, the tefillah when measuring one’s granary
Rav Yitzchak said: אין הברכה מצויה אלא בדבר הסמוי מן העין – Berachah is only found in that which is hidden from the eye, as the passuk says: יצו ה' אתך את הברכה באסמיך – Hashem will command the blessing to be with you in your silos ("באסמיך" hinting to "סמוי"). Rashi says this refers to produce increasing in quantity on its own. A Baraisa teaches that one about to measure one’s granary should say: יהי רצון מלפניך ה' אלקינו שתשלח ברכה במעשה ידינו – May it be Your will, Hashem our G-d, that You send berachah upon the work of our hands. When he begins to measure, he should say: ברוך השולח ברכה בכרי הזה – Blessed is the One who sends berachah upon this pile. If he said it after measuring, הרי זה תפילת שוא – this is a prayer in vain, because berachah is not found in something which has been weighed, measured, or counted, and is only found in that which is hidden from the eye, as above.
- The toothless ox purchased for orphans
The Gemara relates an incident in which an אפוטרופוס for orphans purchased an ox for them and left it with a בקרא – herdsman. The ox lacked teeth and died from starvation. Rami bar Chama wondered who might be liable. The אפוטרופוס can say he fulfilled his obligation by giving it to the herdsman. The herdsman says that he put the ox together with the others, and put food before it, and was not aware that it could not eat. The Gemara challenges this excuse, since he is a שומר שכר, hired to care for the orphans’ animal, and איבעי ליה לעיוני – he should have checked if it was eating, and be liable for neglecting to do so. The Gemara explains that although the herdsman would normally have to pay the orphans, they had already recovered their purchase money from the seller, because the ox’s deficiency invalidated the original purchase. It concludes that the seller, who was a middleman, swears he did not know the ox was toothless, and the herdsman pays him דמי בשר בזול - the meat’s value when sold at a cheap rate. Rashi explains this rate was a compromise for the herdsman, who was not entirely at fault, and although he worked for the orphans and not the seller, this reflects Rebbe Yose’s view on Daf 35 that payment is made to the owner.
