A Yissachar / Zebulun Partnership in Loving Memory of Yishak ben Simcha A"H & Felicia bat Miriam A"H
Rabbi Eli Mansour

Daf Yomi

Bava Kamma 80A - 80B (12th Cycle Daf Yomi Shiur)

Lectured by Rabbi Eli Mansour

Published
November 23, 2006
Duration
77:13

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The MD Bassat edition has generously sponsored an audio series of the Talmud Bavli. The Masechet Bava Kamma has been supported in our Daf Yomi program by our esteemed friend and patron, charter member of our Daf Yomi class, Siyahu Ashar HaKohen, and his dear wife, Rina. May they, with the help of B'ezrat Hashem, continue to experience success, prosperity in all their endeavors, health, happiness, and much Nachat from their children. May they enjoy many years of Shalom Bayit, tranquility, and peace of mind. Amen.

We dedicate this Daf as a meal for the elevation of the soul of Marat Zekenati Effa bat Sarah and for the elevation of the soul of Avraham ben Ester. May the Ruach Hashem rest upon them in the Garden of Eden. Amen. This Daf is also for a complete recovery for Moshe ben Madina. We beseech You, El-na refa-na lo, for his healing of both soul and body, and may his healing come swiftly. Amen. Additionally, this Daf is for a complete recovery for Rachel bat Leah. We plead, El-na refa-na lah, for her healing, and may it come quickly. Amen.

We are on Daf Peh, beginning on the second line of the Gemara. The students of Rabban Gamliel asked him, "What is the ruling regarding raising a behema daka? Can one raise sheep or goats in Eretz Yisrael?" The Mishnah states that it is not permitted. However, the students posed a seemingly straightforward question: Can one raise these animals in Eretz Yisrael? Rabban Gamliel responded, "It is permitted." Yet, the Mishnah clearly states that it is not allowed. They clarified their inquiry: "What about slaughtering them?" This indicates they wanted to know if it is allowed to keep them in Eretz Yisrael for a limited time. Rabban Gamliel affirmed, "It is permitted, provided that they do not go out to graze in a flock." Thus, one may keep them, but they must be secured to prevent them from roaming.

If one wishes to bring a behema daka into Eretz Yisrael, the only way is to tie it to one's bedpost, indicating that one cannot simply leave it in the yard, as it would likely wander off. However, the Rabbis argue against Rabban Gamliel's ruling. They maintain that even tying the animal to the bedpost does not permit bringing it in. The Mishnah clearly states that it is forbidden to bring it into one's home. Rabban Gamliel introduces a new stipulation: if the animal is tied and will not roam, it is acceptable. However, Rashi notes that the Rabbis disagree with this leniency. They permit bringing animals only under specific conditions, such as the thirty-day rule before a holiday or wedding, but they do not trust the general practice of tying them up.

The Gemara recounts a story: There was a pious man who was suffering from heart problems. The doctors informed him that nothing could help until he nursed hot milk from a goat. Thus, he needed to suckle from the animal each morning. They brought him a goat and tied it to his bedpost, allowing him to nurse from it daily. One day, his friends visited him and were shocked to see the goat tied in his home. They remarked that it looked like he had armed robbers in his house, as goats tend to wander and eat from others' property. The Rabbis, upon visiting, decided to leave immediately, concerned about the potential theft of others' property. After investigating, they concluded that the only sin they found was the presence of the goat in Eretz Yisrael. Even at the time of his death, the pious man acknowledged that he was aware of the prohibition.

This story raises complex questions regarding the balance between the necessity of life-saving measures and adherence to rabbinic decrees. If it was a matter of life and death, one might argue that leniency is warranted. However, the Rabbis' disagreement indicates that even in life-threatening situations, one should adhere to communal standards. The Gemara continues with the words of Rabbi Yishmael, who reflects on the destruction of cities in the Upper Galilee due to the raising of behema daka in fields. This raises further questions about the implications of such practices on the community and the land.

The Gemara notes that despite having fields for grazing far from their homes, the inhabitants were punished because their animals had to cross a small field to reach the grazing areas. This illustrates how even minor infractions can lead to significant consequences, emphasizing the severity of theft and its impact on the community. The Rabbis discuss the necessity of maintaining communal standards, particularly in Eretz Yisrael, where the sanctity of the land is paramount.

In another case, if a person who previously raised behema daka in Eretz Yisrael learns that it is forbidden, they are not obligated to sell all their animals immediately. Instead, they may sell them gradually to avoid incurring significant losses. This reflects the Rabbis' compassion and understanding of individuals' financial situations. Similarly, a convert who inherits pigs or dogs is not required to dispose of them immediately, allowing for a gradual transition to adherence to Jewish law.

The Gemara also discusses the case of someone who makes a vow to marry or purchase a house in Eretz Yisrael. The individual is not compelled to act hastily but is encouraged to find a suitable partner or property, ensuring quality and compatibility rather than rushing into a decision that may not be ideal.

The Gemara further illustrates these principles through a story about a mother whose son caused her much distress. In her frustration, she vowed to marry off the first suitor that came along without considering their suitability. When an unsuitable candidate appeared, the Rabbis ruled that her intention was to find a suitable match, thus nullifying her vow. This highlights the importance of intention and the understanding that vows should not lead to harmful outcomes.

As the discussion continues, the Gemara emphasizes the prohibition against raising certain animals in Eretz Yisrael, extending this prohibition to other small animals that may cause damage or disrupt the community. Rabbi Yishmael asserts that it is permissible to raise dogs, cats, and certain rodents, as they serve a purpose in controlling pests. The rationale behind this leniency is their utility in maintaining cleanliness and order in the home.

In concluding this exploration, the Gemara discusses the implications of raising animals in Eretz Yisrael and the broader consequences of such actions on the community and the land. The Rabbis' discussions reflect a deep concern for communal well-being, underscoring the importance of adhering to established guidelines to ensure harmony and prosperity within the community.