POINT BY POINT OUTLINE
prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
1) ENACTMENTS FOR THE SAKE OF SHALOM (cont.)
(a) (Mishnah): (One may not take from) traps for animal, birds or fish...
(b) All agree that it is absolute theft to take from a net (because the owner of the net acquires what is trapped). They argue about what is caught in hooks. (Chachamim forbid taking it, for the sake of Shalom. R. Yosi says that it is full theft.
(c) (Mishnah): What a deaf person, lunatic or minor finds...
(d) R. Yosi says, this is absolute theft.
(e) (Rav Chisda): R. Yosi means that it is absolute theft mid'Rabanan.
(f) Question: What difference does it make to say that it is absolute theft?
(g) Answer: R. Yosi holds that Beis Din makes him return it. Chachamim disagree.
(h) (Mishnah): If an Oni knocked down olives from a tree, what is below...
(i) (Beraisa): If the Oni held the olives in his hand before casting them down, all agree that this is absolute theft.
(j) (Rashi): Rav Kahana was going to Hutzal. He saw a man throwing sticks to knock down dates. (Rashi; Tosfos - he was throwing down branches of a date tree. Rav Kahana thought that the man only wanted the wood.) Rav Kahana ate some of the dates.
1. The man: I threw them down with my hands! (I want the dates. It is full theft to take them!)
2. Rav Kahana: Because he is from R. Yoshiyah's region, he knows the Halachah well.
(k) (Mishnah): We do not protest against Nochrim who take Leket, Shichechah and Pe'ah.
(l) (Beraisa): We support poor Nochrim along with poor Yisre'elim, we visit sick Nochrim along with sick Yisre'elim, and we bury Nochrim as well as Yisre'elim. All these are for the sake of Shalom.
2) HELPING TRANSGRESSORS
(a) (Mishnah): If Leah is suspected to transgress Shemitah, Sarah may lend to her a sifter, grinder or oven, but she may not sift or grind with her;
(b) Sarah, the wife of a Chaver (a trustworthy man, regarding tithes or Taharah) may lend to Leah (a commoner's wife) a sifter, and she may sift and grind with her. Once she adds water (e.g. to knead), Sarah may not help, for we do not assist transgressors;
1. What is allowed was permitted only for the sake of Shalom.
(c) We encourage Nochrim working in Shemitah, but not Yisre'elim, and we may greet Nochrim with 'Shalom', for the sake of Shalom.
(d) (Gemara) Question: Why do we forbid to help sift or grind in the Reisha, but permit this in the Seifa?
(e) Answer #1 (Abaye): Most commoners tithe properly.
(f) Answer #2 (Rava): The Seifa refers to helping the wife of a man who is reliable about tithes, but not about Taharah;
1. Since the Isur to make Chulin Tamei in Eretz Yisrael is only mid'Rabanan, we are more lenient.
2. (Beraisa - R. Meir): A commoner is one who does not eat Chulin in Taharah;
3. Chachamim say, it is one who does not tithe properly.
(g) Question (end of the Seifa): Once she adds water, Sarah may not help.
1. This implies that the Reisha of the Seifa does not discuss Taharah!
(h) Answer: Both parts of the Seifa pertain to Taharah. The first part discusses Tum'ah of Chulin, which involves only an Isur mid'Rabanan;
1. The end discusses Tum'ah of Chalah, which is mid'Oraisa.
(i) Contradiction (Beraisa #1): We may ask people who eat Shemitah Peros or eat their Peros in Tum'ah to grind our food and we may deposit it with them, but we may not grind their food or take deposits from them.
(j) Answer (Abaye): The Beraisa discusses a Kohen who eats Terumah in Tum'ah, which a Torah Isur.
(k) Question: If so, why may we deposit our food with him?
1. Contradiction (Beraisa #2): We may deposit Terumah with a Yisrael commoner, but not with a Kohen commoner, for he feels free to touch it.
(l) Answer #1 (R. Ilai): We may deposit it in a sealed earthenware Kli. (A Tamei person who touches it does not Metamei it.)
(m) Objection: We should be concerned lest his wife move it when she is Nidah!
(n) Answer #2 (R. Yirmeyah): (If liquid is put on a food, it becomes Huchshar, i.e. able to become Tamei). We may deposit food that was not Huchshar, but not food that was Huchshar.
(o) Contradiction (Mishnah): If one takes wheat to be ground by a Kusi (one who descends from the Nochrim that settled in place of the exiled 10 tribes or a commoner, it keeps its status regarding tithes and Shemitah, but not regarding Taharah. (Beraisa #1 is not concerned lest a commoner be Metamei our food!)
(p) Answer: We already answered this! We may deposit only food that was not Huchshar!
(q) Question: Why was the question even asked?
(r) Answer: This Mishnah was brought in order to ask a different question.
3) ARE COMMONERS SUSPECTED TO SWITCH FOOD?
(a) Mishnah #1 says that the food keeps its status regarding tithes and Shemitah. We are not concerned lest the food was switched.
(b) Contradiction (Mishnah #2): If one deposits food with his mother-in-law (who is suspected about tithes), he must tithe what he deposits with her and takes back, for she is suspected to switch Peros that are spoiling.
(c) Answer: R. Yehudah explained that she is suspected to switch because she wants her daughter to eat good food, but she is embarrassed to tell her son-in-law that his food was spoiling.
(d) Question: We always suspect commoners of switching!
1. (Mishnah): If one deposits food with an innkeeper, he must tithe what he gives to her and what he receives back, because she switches.
(e) Answer: There, she rationalizes: I will do a favor for the Talmid. He will eat my warm (fresh) bread, and I will eat his cold bread! (Rashi; Tosfos - should he eat warm bread, and I, who toil for him, eat cold?!)
(f) Version #1 (Rashi) Question (Beraisa): Sarah, a Chaver's wife, may grind with Leah, a commoner's wife, when Sarah is Teme'ah (then she is careful not to eat), but not when she is Tehorah (lest she forget, and eat);
1. R. Shimon ben Elazar says, even when she is Teme'ah she may not, for Leah will give her, and she will eat.
(g) Version #2 (Tosfos) Question (Beraisa): Sarah may grind with Leah when Leah (knows that she) is Teme'ah (then she is careful not to touch the grain), but not when Leah (thinks that she) is Tehorah (lest she give some to Sarah to eat);
1. R. Shimon ben Elazar says, even when Leah is Teme'ah Sarah may not help, lest another woman (a commoner's wife) will give to Sarah to eat. (end of Version #2)
2. (Summation of question): If we suspect lest a commoner's wife steal, all the more so she is suspected to switch!
(h) Answer (Rav Yosef): There also, she rationalizes: an ox eats while it works. (Also Sarah is entitled to eat!