A SAFEK ABOUT WHETHER OR NOT ONE OWES (Yerushalmi Perek 10 Halachah 7 Daf 44a)
îúðé' äàåîø ìçáéøå âæìúéê åäìåéúðé äô÷ãúä àöìé åàéðé éåãò àí äçæøúé ìê åàí ìà äçæøúé ìê çééá ìùìí
(Mishnah): If one tells his friend 'I stole, borrowed or received a deposit from you, and I do not know whether I returned to you', he must pay;
àáì à''ì àéðé éåãò àí âæìúéê åàí äìåéúðé àí äô÷ãúä àöìé åàí ìà äô÷ãúä ôèåø îìùìí:
However, if he is unsure whether or not he stole, received a deposit or borrowed, he is exempt.
âî' ø' éåçðï àîø ááà ìöàú éãé ùîéí.
(Gemara - R. Yochanan): [Our Mishnah discusses] one who comes to be Yotzei Yedei Shamayim. (There was no claim against him.)
âæìúéê åäìåéúðé äô÷ãúä àöìé åäçæøúé ìê åäìä àåîø àéðé éåãò [ãó î òîåã à (òåæ åäãø)] ø' éøîéä ñáø îéîø çééá ìäòîéã ìå îï äãéï
If one tells his friend 'I stole, borrowed or received a deposit from you, and I returned to you', and the other says 'I do not know', R. Yirmeyah wanted to say that he must pay according to letter of the law;
ø' éåñé ñáø îéîø òåã äéà ìöàú éãé ùîéí.
R. Yosi wanted to say that also here [he must pay only] to be Yotzei Yedei Shamayim.
äåöàúé îï äëéñ åðúúé ìê åäåà àåîø àéðé éåãò øá äåðà àîø àåîøéï ìå àú ìéú éãò àäï éãò:
[If he says] 'I took out of the wallet and gave to you [what I owed you]', and he says 'I do not know', Rav Huna says, we tell him, you do not remember. He remembers (he is exempt even bi'Ydei Shamayim. We explained this like MAHARA FULDA.)
RETURNING A STOLEN ANIMAL (Yerushalmi Perek 10 Halachah 8 Daf 44a)
îúðé' äâåðá èìä îï äòãø åäçæéøå îú àå ðâðá çééá áàçøéåúå.
(Mishnah): If one stole a lamb and returned it to the flock, and it died or was stolen, he is liable;
àí ìà éãòå äáòìéí áâðéáúå åáçæéøúå îðå àú äöàï åäéà ùìîä ôèåø îìùìí:
If the owner did not know about its theft or return, and counted the flock and found that it was complete, he is exempt.
âî' à''ø éåçðï àí éãòå äáòìéí áâðéáä öøéëéï ìéãò áçæéøä ìà éãòå áâðéáä àéï öøéëéï ìéãò áçæéøä
(Gemara - R. Yochanan): If the owner knew about its theft, he must know about its return [for the thief to be exempt; the Reisha discusses this]. If he did not know about its theft, he need not know about its return (as long as he counted and found that the flock is complete).
øéù ì÷éù àîø àó òì ôé ùìà éãòå áâðéáä öøéëéï ìéãò [ãó îã òîåã á] áçæéø'.
(Reish Lakish): Even if he did not know about its theft, he must know about its return (unlike R. Yochanan said, that in this case counting suffices. The Seifa teaches that counting suffices, i.e. when he knew about its theft, which the Reisha discussed.)
à''ø ìòæø àéï äåä ëâåï ääéï áøçà àéï öøéëéï ìéãò áçæéøä
(R. Lazar): If [the theft] was like this goat, he need not [count the flock or] know about its return.
îäå ëâåï àäï áøçà.
Question: What does it mean 'like this goat'?
Note: In Bava Basra, it says that Mesirah of Mashchunis is like Mesirah of the entire flock. Our Gemara brings the three opinions about what is Mashchunis, and the last one answers the question here.
àéú ãîøéï çåèøà
Answer #1: It is a staff (the flock sees it, and follows it).
àéú ãîøéï ôðãåøä
Answer #2: It is a bell (the flock follows it).
àéú ãîøéï úééùà øáà:
Answer #3: It is a big male goat (it goats at the head of the flock, and the others follow it).