1)

COLLECTION FROM TWO OXEN [line 2]

(a)

(Mishnah): If two oxen of Reuven... they are liable.

(b)

(Inference - Rava of Parzika): When (we do not know which of) two Tamim oxen damaged, the victim may collect from either.

(c)

Rejection (Rav Ashi): No. The case is, both are Mu'ad.

(d)

Question (Rava - Seifa): Levi says, the big ox damaged the big ox...

1.

If they are Mu'ad, it doesn't matter which damaged which! (In any case he pays full damage.)

(e)

Answer #1 (Rav Ashi): The Reisha discusses Mu'adim, and the Seifa discusses Tamim.

(f)

Objection #1 (R. Acha Sava): If they are Mu'adim, why does the Mishnah say 'they are liable'? It should say that Reuven is liable!

(g)

Objection #2 (R. Acha): Why does it say that both of them are liable? (Even one pays full damage!)

(h)

Answer #2: Really, they are Tamim. The Mishnah is like R. Akiva, who says that the victim is a partner in the damager;

1.

'Both are liable' means that when both animals are here, Reuven pays. If one was lost, he would be exempt. He could say that perhaps the lost animal damaged.

PEREK SHOR SHE'NAGACH ARBA'AH VA'CHAMISHAH
2)

MULTIPLE GORINGS [line 19]

(a)

(Mishnah - R. Meir): If Reuven's ox gored four or five oxen, of (Shimon,) Levi, Yehudah, Gad and Asher, he pays the damage to Asher's ox, up to the value of Reuven's ox.

1.

If there is money left over (Reuven's ox is worth more than the damage), he uses it to pay Gad (and if there remains, Yehudah, Levi, and Shimon). The last victim always collects first.

(b)

R. Shimon says, if David's ox gored Moshe's ox, and both were worth 200, and the carcass is worthless, David and Moshe each end up with 100.

1.

If the ox then gored Kalev's ox, Kalev gets 100, and David and Moshe each end up with 50.

2.

If it then gored Aharon's ox, Aharon gets 100, Kalev gets 50, David and Moshe each end up with a gold Dinar (25 silver Dinarim).

(c)

(Gemara) Question: (R. Meir in) our Mishnah is not like R. Yishmael, nor like R. Akiva!

1.

According to R. Yishmael, the victims are creditors (not partners in the damager). The first victim should collect first, not the last!

2.

According to R. Akiva, the victims are partners in the damager. Extra money should be split equally. The last victim should not collect first!

36b----------------------------------------36b

(d)

Answer (Rava): Really, it is like R. Yishmael. The latter victim collects first, because we discuss when each victim seized the ox to collect from it;

1.

He is like a Shomer Sachar, who is responsible for damage that the animal does.

(e)

Question: If so, why does extra money go to the last victim? It should go to the owner!

(f)

Answer (Ravina): The Mishnah teaches that if a victim owns more of the animal than it damaged the next time, he keeps the excess.

(g)

Also Ravin explained that the Mishnah discusses when the victims did not guard the damager.

(h)

Question: The Seifa is unlike R. Yishmael!

1.

(Seifa - R. Shimon): If David's ox worth 200 gored Moshe's ox worth 200, and the carcass is worthless, David and Moshe each end up with 100.

2.

If the ox then gored Kalev's ox, Kalev gets 100, and David and Moshe each end up with 50.

3.

If the ox then gored Aharon's ox, Aharon gets 100, Kalev gets 50, and David and Moshe each end up with 25.

4.

This is like R. Akiva, who says that the victim is a partner! Can the Reisha be like R. Yishmael, and the Seifa like R. Akiva?!

(i)

Answer (Shmuel): Yes!

3)

THE PAYMENT FOR TOKE'A [line 24]

(a)

(Mishnah): If one was Toke'a a man (hit him near the ear; others explain, blew a Shofar in his ear), he pays one Sela;

(b)

R. Yehudah says, he pays 100 (silver) Dinarim.

(c)

A case occurred in which Ploni was Toke'a Shimon. Rav Tuvya bar Masnah asked Rav Yosef if the Mishnah means a Sela Tzuri (pure silver) or a common Sela (worth an eighth as much, for it is seven eighths copper).

(d)

Rav Yosef: We learn from our Mishnah. The first two each end up with a gold Dinar (25 silver Dinarim);

1.

If Sela'im (of the Mishnah) are common Sela'im, the Mishnah should have discussed another goring. The first two would get 12 (silver) Dinarim and (half a Dinar, which is) a Sela! (Rather, Sela'im are Tzuri, four Dinarim; the Tana did not want to discuss fractions.)

(e)

Rejection: The Tana would not lengthen the Mishnah unless this teaches something new!

(f)

Question: What was the final ruling?

(g)

Answer: They learned from Rav Yehudah.

1.

(Rav Yehudah): All money mentioned in the Torah is Tzuri. All money of enactments mid'Rabanan (such as Toke'a) is common money.

(h)

When Shimon heard that he will only receive a half- Dinar, he was not interested. He said 'give it to the poor'. He later retracted and asked to get it.