1)

LOSS IN VALUE OF THE CARCASS [last line on previous Amud]

(a)

Suggestion: Tana'im argue about who suffers loss in value of the carcass.

1.

(Beraisa): "(The Shomer) will bring Ed" - he brings Edim (witnesses) that it became Tereifah through Ones (beyond his control) to exempt himself;

2.

Aba Sha'ul says, he brings Edudah (the carcass) to Beis Din.

3.

Suggestion: The first Tana holds that the victim suffers regarding loss in value of the carcass; Aba Sha'ul holds that the damager suffers the loss.

(b)

Rejection: All agree that the victim suffers the loss. They argue about who must toil to retrieve it.

(c)

Support (Beraisa - Others): "He will return money to the owner, and the carcass" teaches that the owner of the pit must take the carcass out of the pit.

(d)

Question (Abaye): What is the case of toil to retrieve it?

1.

If it is worth one Zuz in the pit, and four Zuz on the edge of the pit, the pit owner toils for his profit!

(e)

Answer (Rava): The case is, it is worth one Zuz in the pit, and also on the edge of the pit.

(f)

Question: Is that ever the case?

(g)

Answer: Yes! This is like people say, a beam is worth one Zuz in the city, and the same as in the wilderness.

2)

FOR WHOM DO WE EVALUATE (THE VALUE OF THE CARCASS)? [line 14]

(a)

(Shmuel): We do not evaluate (the value of the carcass towards the required payment) for thieves or robbers, only for damagers. My father and I say, even for a borrower.

(b)

Question: Does he mean, even for a borrower we do evaluate, or we do not?

(c)

Answer: A man borrowed an axe and broke it. Rav obligated him to pay the full value of an axe.

1.

This shows that we do not evaluate for borrowers.

(d)

Rejection: To the contrary! Rav Kahana and Rav Asi asked Rav if that was really the law, and Rav was silent!

1.

This shows that we do evaluate for borrowers!

(e)

(Ula): We evaluate for thieves or robbers.

(f)

(Rav Papi): We do not evaluate for them.

(g)

The Halachah is, we do not evaluate for them, but we do evaluate for a borrower, like Rav Kahana and Rav Asi.

3)

OTHER TEACHINGS OF ULA (FROM R. ELAZAR) [line 27]

(a)

(Ula): If a fetal sac that partially left the womb on Sunday, and part came out on Monday, the days of Tum'ah (of childbirth) start from Sunday.

(b)

Question (Rava): Are you being stringent? This stringency will lead to a leniency, for she will consider herself to be Tehorah two weeks from Sunday!

(c)

(Rava): Rather, she is concerned lest she became Teme'ah on Sunday, but she counts days of Tum'ah only from Monday.

(d)

Question: Ula teaches that (even) part of a fetal sac always contains (part of) a child. A Mishnah teaches this!

1.

(Mishnah): If a fetal sac (of an animal) partially left the womb, one may not eat it;

2.

What is a sign (that there was) a child in a woman, is also a sign in an animal.

(e)

Answer: From the Mishnah, one might have thought that a fetal sac does not always contain a child. The Mishnah decrees when part of the sac left due to when the entire sac left. Ula teaches that this is not so.

11b----------------------------------------11b

(f)

(Ula): If a firstborn boy became Tereifah within 30 days, we do not redeem him.

(g)

(Rami bar Chama) Suggestion: Perhaps "you will surely redeem (a firstborn son)" applies even if he became Tereifah within 30 days!

(h)

Rejection: "Only" teaches that you do not.

(i)

(Ula): A large (i.e. work) animal is acquired through Meshichah (taking to one's domain).

(j)

Question (Mishnah): It is acquired through Mesirah (handing over).

(k)

Answer: Ula holds like the following Tana.

1.

(Beraisa): Chachamim say, both large and small animals are acquired through Meshichah;

2.

R. Shimon says, both are acquired through lifting them.

(l)

(Ula): If brothers split an inheritance, we evaluate the value of the clothes each brother is wearing (it is as part of his share), but not what his children are wearing.

(m)

(Rav Papa): Sometimes, we don't even evaluate what a brother is wearing, such as an eldest brother (who pleads on behalf of his brothers). They want that he be dressed nicely, so his words will be heeded!

(n)

(Ula): If a Shomer handed over (what was given to him) to another Shomer, he is exempt;

1.

Not only a Shomer Chinam who gave to a Shomer Sachar, who elevated the level of guarding, is exempt. Rather, even a Shomer Sachar who gave to a Shomer Chinam, who lowered the level of guarding, is exempt, for he gave it to one with understanding.

(o)

(Rava): If a Shomer handed over to another Shomer, he is liable;

1.

Not only a Shomer Sachar who gave to a Shomer Chinam, who lowered the level of guarding, is liable, for he lowered the level of guarding. Rather, even a Shomer Chinam who gave to a Shomer Sachar, who raised the level of guarding, is liable, for the depositor can say that he doesn't trust the oath of the second Shomer.

(p)

(Ula citing R. Elazar): The law is, we collect debts from slaves.

(q)

Question (Rav Nachman): Did R. Elazar say that we collect slaves even from orphans?

(r)

Answer (Ula): No, we collect only from the borrower himself.

(s)

Question: That is no Chidush. We collect even the shirt that a borrower is wearing!

(t)

Answer: The case is, the slave was made an Aputiki (special collateral to pay the loan. It is collected even if it was sold):

1.

(Rava): If one made his slave an Aputiki and sold him, a creditor collects the slave;

2.

If one made his ox an Aputiki and sold it, a creditor does not collect it.

3.

Question: What is the difference between them?

4.

Answer: People hear about making a slave an Aputiki, but not about making an ox an Aputiki. (It is unfair that one who bought an ox lose it, for he did not knew about the Aputiki.)