Bava Metzia 94A

Study Bava Metzia folio 94A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.

Text Excerpt

we have such and such men with us; such and such dogs with us, and such and such slings [zukata] with us. In other words, we are fully protected and you should not dare to take anything from us. If the thief subsequently went and took an animal from him, what is the halakha? Rava said to Abaye: It

Mishnah: The halakhot of bailees stated in the previous Mishnah apply to standard cases. The halakha is that in any case involving monetary matters the parties may agree to special terms. Therefore, an unpaid bailee may stipulate with the owner that he will be exempt from taking an oath if the item

And any condition that is preceded by an action, i.e., the agreement is formulated with the promise of an action followed by a statement that this action will be carried out only under certain terms, the condition is void and the promise remains intact. The condition must be stated before the actio

Talmud: The Talmud asks a question with regard to the Mishnah’s statement that bailees can issue conditions and change the liabilities imposed on them by Torah law: Why are they able to do so? This is a case of one who stipulates counter to that which is written in the Torah, as the Torah determin

The Talmud explains: In accordance with whose opinion is this Mishnah? It is that of R' Yehuda, who says that if the condition that runs counter to that which is written in the Torah is referring to monetary matters, his condition is valid. As it is taught in a baraita: With regard to one who says t