Bava Kamma - Daf 117
- Showing someone’s property to idolators under duress
Rav Huna bar Yehudah told Rava about an incident of a Jew who was forced by idolators to show them his fellow’s money, and he obligated him to pay. Rava told him to retract, based on a Baraisa: ישראל שאנסוהו עובדי כוכבים והראה ממון חבירו – If a Jew was forced by idolators to show them his fellow’s money, פטור – he is exempt. ואם נטל ונתן ביד חייב – But if he took the money and gave it to the idolator by hand, he is liable. The Rif explains that where he directly damaged his fellow’s money, he is liable even under duress. Someone was forced to show, and then transport, an Amora’s wine to idolators, and Rav Ashi exempted him. Although he had physically delivered it, Rav Ashi explained: היכא דאוקמיה עילויה מעיקרא – where he first took [the idolator] to [the money], before being told to bring it, מיקלי קלייה – he has essentially burned the money (since the idolator can take it himself). Bringing it to him afterwards is inconsequential.
- Rav Kahana’s death due to Rebbe Yochanan’s חלישות הדעת, and revival
The Gemara relates that after Rav Kahana killed an informer, Rav told him to flee to Eretz Yisroel, and instructed him not to challenge Rebbe Yochanan’s teachings for seven years. Reish Lakish warned Rebbe Yochanan that “a lion has ascended from Bavel,” and Rav Kahana sat in the front row for Rebbe Yochanan’s lecture. He posed no challenges and was moved to the seventh row. Rebbe Yochanan commented: ארי שאמרת נעשה שועל – the lion of which you spoke has become a fox! Rav Kahana said the seven rows of dishonor should take the place of the seven years and began to challenge Rebbe Yochanan. After being moved back to the front row, the seven rugs under Rebbe Yochanan were progressively removed, until he was on the floor. Rebbe Yochanan’s long eyebrows were lifted to see Rav Kahana, and he thought Rav Kahana, whose lip was split, was smirking at him. Rebbe Yochanan was disheartened, and Rav Kahana died. When Rebbe Yochanan was informed it was his normal appearance, he went to his burial cave, which he could not enter until declaring: יכנס תלמיד אצל הרב – let a student go in to his teacher. He davened and brought him back to life. Rav Kahana declined to return to Rebbe Yochanan’s yeshivah.
- קרקע אינה נגזלת, and opinion it is נגזלת
The next Mishnah states: שטפה נהר – If someone stole a field, and a river flooded it and destroyed it, אומר לו הרי שלך לפניך – [the robber] can say to [the owner], “Behold, what is yours is before you.” Land cannot be legally stolen, so it remains in the owner’s possession. Therefore, any damage to the land unrelated to the robbery is not the robber’s responsibility. In a Baraisa about the same case, Rebbe Eliezer says: חייב להעמיד לו שדה אחר – he is obligated to provide him with another field. The Chachomim restate their opinion in our Mishnah. The Gemara explains they argue how to darshen the phrases in the pesukim: "וכחש בעמיתו בפקדון...[או מ]כל אשר ישבע עליו לשקר" – “and he lies to his fellow regarding a deposit…Or regarding anything about which he swears falsely…” Rebbe Eliezer darshens the phrases as the more expansive ריבה ומיעט וריבה, and excludes only one category, שטרות – documents, which are the least similar to the items referred to by the passuk, lacking inherent value. The Rabbonon darshen it as the more limiting כלל ופרט וכלל, excluding קרקעות – lands, שאין מטלטלין – which are not movable, as well as slaves, which are compared to קרקע, and שטרות, which lack inherent value.
