1)

SLAUGHTER OR SALE THROUGH A SHALI'ACH [last line on previous Amud]

(a)

(Beraisa): One who stole an animal pays four or five for any of the following:

1.

He gave the animal to a Shali'ach, who slaughtered or sold it;

2.

He made it Hekdesh;

3.

He sold the animal on credit;

4.

He exchanged the animal for other goods, or gave the animal for a gift;

5.

He used it to pay for what he had bought on credit, or to pay a loan;

6.

He sent it for Savlonos (a gift to the house of the woman he was Mekadesh);

(b)

Question: What Chidush do we learn?

(c)

Answer: First, we learn that he is liable through a Shali'ach, i.e. if one makes a Shali'ach to slaughter or sell, it takes effect;

1.

Even though in (almost) all other cases, a Shali'ach to transgress is not a Shali'ach, here he is.

2.

Question: What is the reason?

3.

Answer: "And he slaughtered it or sold it" - just like he can sell it only through another (the buyer), he is liable also for slaughtering through another.

(d)

Then we learn that he is liable for making it Hekdesh. Giving to Hekdesh is like selling to a person.

2)

WAS MESHICHAH ENACTED FOR SHOMRIM? [line 23]

(a)

(Mishnah): If Reuven stole and slaughtered or sold an animal of Shimon, he pays four or five whether only the theft was from Shimon's premises (but not the slaughter or sale), or if only the slaughter or sale was in Shimon's premises, or if both were outside Shimon's premises;

1.

If both were in Shimon's premises, he does not pay four or five.

(b)

If Reuven was dragging the animal to take it out, and it died while still in Shimon's premises, he is exempt;

1.

If he lifted it, or took it outside and then it died, he is liable.

(c)

If he gave the animal to a Kohen to redeem his firstborn son, to his creditor, to a Shomer Chinam, borrower, Shomer Sachar or renter, and he was dragging it out, and it died in Shimon's premises, he is exempt;

1.

If he lifted it, or took it outside and then it died, he is liable.

(d)

(Gemara) Question (Ameimar): Was there an enactment of Meshichah (taking the item to one's premises) regarding Shomrim? (Rashi - a Shomer is not liable until he does Meshichah; Tosfos - an owner can retract from his consent to lend or rent out his animal after Meshichah)?

(e)

Answer (Rav Yeimar - Mishnah): If he gave the animal to a Kohen to redeem his son, to his creditor, or to a Shomer, and he was dragging it out, and it died in Shimon's premises, he is exempt.

1.

Suggestion: Reuven's Shomer was dragging it. (Reuven is exempt because Meshichah is not complete until it leaves the owner's premises.) This teaches that they enacted Meshichah regarding Shomrim!

(f)

Rejection (Ameimar): No, Reuven was dragging it from the premises of Shimon's Shomer.

(g)

Question: We know this from the Reisha!

(h)

Answer: The Mishnah teaches about one who steals from the owner's premises, and one who steals from a Shomer's house.

(i)

Objection (Rav Ashi): There is no reason to differentiate between them! (The Mishnah need not teach both.)

1.

Rather, Reuven's Shomer was dragging it, like Rav Yeimar said. This teaches that they enacted Meshichah regarding Shomrim.

(j)

(R. Elazar) Just like they enacted Meshichah regarding buyers, also regarding Shomrim.

(k)

Support (Beraisa) Just like they enacted Meshichah regarding buyers, also regarding Shomrim;

1.

Just like land is acquired through money, a document or Chazakah, a rental agreement takes effect through money, a document or Chazakah.

2.

Question: What rental does the Beraisa discuss?

i.

Suggestion: It discusses rental of Metaltelim.

79b----------------------------------------79b

ii.

Rejection: We do not write a document for Metaltelim.

3.

Answer (Rav Chisda): It discusses rental of land.

3)

THIEVES AND (OPEN) ROBBERS [line 3]

(a)

(R. Elazar): If witnesses saw Reuven hide in a forest (to steal animals that graze there) and slaughter or sell them, he pays four or five.

(b)

Question: He did not do Meshichah!

(c)

Answer (Rav Chisda): He hit the animals with a stick (so they would move. This is Meshichah.)

(d)

Question: Since witnesses saw him, he is a Gazlan (open robber. Only a Ganav (covert thief) pays four or five)!

(e)

Answer: Since he was trying to hide, he is a Ganav.

(f)

Question: If so, what is the case of a Gazlan?

(g)

Answer #1 (R. Avahu): It is like Benayahu ben Yehoyada - "he stole the spear from the hand of the Mitzri..."

(h)

Answer #2 (R. Yochanan): It is like the people of Shechem - "they waited in ambush on the hilltops, and would rob anyone who passed."

1.

Question: Why didn't R. Avahu learn from R. Yochanan's verse?

2.

Answer: Since they hid (until people came), they are thieves.

3.

R. Yochanan holds that they hid only so people would not (see them and) flee.

(i)

Question: Why does the Torah punish thieves more than (open) robbers?

(j)

Answer (R. Yochanan ben Zakai): A robber does not disrespect Hash-m more than he disrespects people. He openly defies both;

1.

A thief defies Hash-m (without fear), but he fears people and hides from them;

2.

He acts as if Hash-m does not see or hear what he does - "woe to those who delve deeply to (try to) conceal their counsel from Hash-m; they act in darkness";

i.

Also, "they said 'Hashem does not see or understand.'"

ii.

Also, "they said 'Hashem abandoned the land, he does not see.'"

(k)

R. Meir: R. Gamliel gave a parable. This is like two people in a city who made parties. One invited the people of the city, but not the king's children. The other invited neither. The punishment of the former is greater.

(l)

R. Meir: How great is work! One who steals an ox deprives the owner of its labor. He pays five times the value;

1.

One who steals a Seh, which does not work, pays only four times.

(m)

R. Yochanan ben Zakai: How great is the honor of people! When one steals an ox, the ox walks. The thief pays five times the value;

1.

One who steals a Seh must carry it on his shoulders (he is disgraced). He pays only four times.

4)

RAISING ANIMALS IN ERETZ YISRAEL [line 38]

(a)

(Mishnah): We may not raise small animals (i.e. that do not work) in (settled parts of) Eretz Yisrael, but we may raise them in Surya or wildernesses of Eretz Yisrael.

(b)

We may not raise chickens in Yerushalayim lest they cause Tum'ah to Kodshim. Kohanim (who eat Terumah) may not raise chickens anywhere in Eretz Yisrael;

(c)

One may not raise pigs anywhere. One may raise dogs only if they are tied on a leash.

(d)

We may not set traps for doves within four Mil of a settled area.

(e)

(Gemara - Beraisa #1): We may not raise small animals in Eretz Yisrael, but we may raise them in forests of Eretz Yisrael;

(f)

In Surya, we may raise them even in settled areas, and all the more so in Chutz la'Aretz;

(g)

(Beraisa #2): We may not raise small animals in Eretz Yisrael, but we may raise them in wildernesses of Yehudah, or near Ako;

(h)

One may raise large animals, because we do not impose a decree that the majority of the Tzibur cannot fulfill;

1.

It is not necessary to raise small animals. People can get them (for Korbanos or to eat) from Chutz la'Aretz;

2.

Large animals are constantly needed for labor. It is not feasible to get them from Chutz la'Aretz.

(i)

Even though one may not raise small animals in Eretz Yisrael, one may get one within 30 days of when he needs it for a festival or for his son's wedding feast;

(j)

He may not keep the last animal 30 days.

1.

One might have thought that if one bought some animals 30 days before the Regel and some just before it, he may first slaughter the former and keep the latter until 30 days from their purchase. The Beraisa teaches that this is not so. He may not leave them after the Regel at all.

(k)

A butcher may buy what he will need to slaughter for the market day. He may not leave the last animal bought after the market day until 30 days (from its purchase).