Bava Metzia - Daf 30
- לצורכו ולצרכה re: lost items, and disqualifying עגלה ערופה
The Mishnah taught that a found garment should be spread out for its benefit, but not for the finder’s benefit. A question was posed: לצורכו ולצורכה מאי – if he spreads it out for his own needs as well as [the garment’s] needs, what is the halachah? A Baraisa teaches regarding עגלה ערופה: הכניסה לרבקה – If he joined [the calf] into a multiple harness for it to nurse from its mother, ודשה – and it threshed grain, כשירה – it is still fit for עגלה ערופה. בשביל שתינק ותדוש פסולה – But if he joined it so it should nurse and thresh, it is disqualified. This proves that actions for the needs of both is considered like only for his own needs!? The Gemara answers that regarding an עגלה ערופה, the passuk says: "אשר לא עובד בה" – from which work was not done, disqualifying it even through work for its own needs. If it did work only for its own benefit, it remains fit, similar to a פרה אדומה which is not disqualified by a bird resting on it or a bull mating with it: the word "עובד" is written without a vav, which signifies actively working with it, teaching that just as an owner’s working an animal pleases him, אף עובד דניחא ליה – so too, “ubad” must please [the owner] to disqualify.
- זקן ואינו לפי כבודו
The Mishnah taught that if one found a sack, a box, or any item which he would not pick up even if it were his, he is not obligated to pick it up. A Baraisa darshens the passuk: "והתעלמת" – and you will hide from the lost animal (i.e., ignore it), teaching: פעמים שאתה מתעלם – there are times that you may hide: if the finder is a Kohen, and the lost item is in a cemetery, או שהיה זקן ואינה לפי כבודו – or he is an elderly person, and [picking up the item] is not befitting his honor, or if the work he is performing is of greater value than the lost item, he may “hide from” the lost item and not pick it up. The Gemara explains that the passuk is only necessary for the middle case. Rabbah said: הכישה – if he hit [the animal] to drive it towards its owner, he must finish returning it. Rava taught where this exemption does not apply: כל שבשלו מחזיר – anything he would return if it were his own, בשל חבירו נמי מחזיר – he must also return if it is his friend’s.
- לפנים משורת הדין
Rebbe Yishmael son of Rebbe Yose once bought someone’s wood to avoid having to assist in loading it. The Gemara asks that he was exempt as a זקן ואינו לפי כבודו, and answers: לפנים משורת הדין הוא דעבד – he went beyond the letter of the law, because Rav Yosef taught a Baraisa darshening: "והודעת להם" זה בית חייהם – “and you shall inform them,” this refers to their [obligation to learn a] livelihood. "את הדרך" זו גמילות חסדים – “the way,” this refers to kind deeds. "ילכו" זה ביקור חולים – “[that] they may walk,” this refers to visiting the sick. "בה" זו קבורה – “in it,” this refers to burying the dead. "ואת המעשה" זה הדין – “and the actions,” this refers to keeping the law itself. "אשר יעשון" זו לפנים משורת הדין – ”that they should do,” this refers to going beyond the letter of the law. “Visiting the sick,” which should be included in kind deeds, teaches that even one born under the same constellation, who takes one-sixtieth of the sick person’s sickness, must nonetheless visit him. “Burying the dead” teaches that even a זקן ואינו לפי כבודו must bury the dead. Rebbe Yochanan taught: לא חרבה ירושלים אלא על שדנו בה דין תורה – Yerushalayim was destroyed only because they judged there according to Torah law, which the Gemara explains that they ruled strictly according to Torah law and did not go beyond the letter of the law.
