FOLLOWING THE ROV (cont.)
Question (Mishnah): An ox gored a cow, and a dead calf is found by the cow. We do not know whether the calf was born before the goring (and it died by itself), or after the goring (and it died due to the goring). The ox pays half-damage for the cow, and quarter-damage for the calf.
Question: Why don't we follow the Rov of animals? Most give birth to live calves. Since this one did not, we should assume that this was due to the goring!
Answer: There, we do not follow the Rov because we do not know what happened. Perhaps the cow saw the ox coming and miscarried out of fear, or perhaps the ox gored it from the back (it never saw the ox coming), and the miscarriage was due to the goring;
We are in doubt. In all doubtful monetary cases, we divide the disputed money (according to Sumchus).
Suggestion: Tana'im argue as Rav and Shmuel argue.
(Beraisa): An ox was grazing, and a dead ox was found next to it. Even if it was gored or bitten, and the live ox is Mu'ad (established) to gore or bite, we do not assume that it killed it;
R. Acha says, if a dead camel was found near a mating camel, surely the mating camel killed it.
We are assuming that Rov and Chazakah are similar (whoever follows one, he follows also the other). The assumption that the mating camel killed the dead camel is based on Chazakah.
Suggestion: Rav holds like R. Acha, and Shmuel holds like Chachamim.
Rejection #1: Even Chachamim can hold like Rav;
Chachamim say only that we do not follow Chazakah. They could say that we follow a Rov.
Rejection #2: Even R. Acha can hold like Shmuel;
R. Acha says that we follow Chazakah only regarding a mating camel, for it itself is Muchzak to gore. He would not say that we follow a Rov (which applies to others, i.e. most others buy for plowing).
Question (against Rav - Mishnah): If Reuven bought Shimon's fruit and planted it, and it did not grow, even flax seeds, Shimon is exempt.
Question: Why does it say 'even flax seeds'?
Answer: This teaches that that even though most people plant flax seeds, we do not follow the Rov.
Answer: Tana'im argue about this.
(Beraisa): If Reuven bought Shimon's fruit and planted it, and it did not grow, if he bought seeds that are not eaten, Shimon is liable. If he bought flax seeds, Shimon is exempt;
R. Yosi says, Shimon must return the value of flax seeds for planting.
Chachamim: Many people buy flax seeds for other things!
Question: Which Tana'im argue about following the Rov?
Suggestion: R. Yosi and Chachamim who responded to him argue about this.
Rejection: Both follow the Rov. R. Yosi follows the Rov of seed bought, and Chachamim follow the Rov of people who buy.
Answer: The first Tana (does not follow the Rov). R. Yosi or the latter Chachamim do.
COMPENSATION FOR LOSS DUE TO EXPENDITURES
(Beraisa): Shimon must return the value of seeds for planting;
Some say, he pays also the expenditures.
Question: Who is the Tana who obligates paying the expenditures?
Answer (Rav Chisda): It is R. Shimon ben Gamliel.
Question: From which teaching of R. Shimon ben Gamliel may we infer this?
Suggestion (our Mishnah): If Reuven bought Shimon's fruit and planted it, and it did not grow, even flax seeds, Shimon is exempt;
R. Shimon ben Gamliel says, if he bought seeds that are not eaten, Shimon is liable.
Question: (Chachamim (the first Tana) exempt for flax seeds, which are mostly planted.) Chachamim agree about seeds that are never eaten, that Shimon is liable!
Answer: They argue only about how much Shimon pays. Chachamim obligate only the value of the seeds, and R. Shimon ben Gamliel obligates also the expenditures.
Question: There is no source to say so! We could equally say just the contrary (Chachamim obligate the expenditures, and R. Shimon obligates just for the seeds)!
Answer: The latter Tana always comes to add.
Objection: Perhaps the entire Mishnah is R. Shimon ben Gamliel, and the Mishnah is abbreviated. It means as follows. If Reuven bought Shimon's fruit and planted it, and it did not grow, even flax seeds, Shimon is exempt;
This is like R. Shimon ben Gamliel, who says that if he bought seeds that are not eaten, Shimon is liable.
Answer (Beraisa): In the following cases, one is liable for substandard work if he receives wages (but if he works for free, he is exempt):
A grinder received wheat to grind, and he did not soak it first, and therefore he produced coarse flour;
A baker received flour to make bread, and he made bread that crumbles;
A butcher did an invalid Shechitah.
R. Shimon ben Gamliel says, he must also compensate the buyer and the guests for their embarrassment.
Similarly, R. Shimon ben Gamliel said that the custom in Yerushalayim was that if one sells food for a banquet and it spoiled, he must compensate the buyer for his and the guests' embarrassment.
Another custom in Yerushalayim is that guests may enter to eat only as long as a cloth is spread over the doorway.
FLAWED ITEMS THAT A BUYER MUST ACCEPT
(Mishnah): If Reuven sold grain to Shimon, Shimon must accept a quarter Kav of Pesoles (waste) mixed in with each Se'ah, 10 wormy figs out of every 100, 10 barrels of bad wine out of every 100, and 10 bad bottles (in Sharon) out of every 100.