1)

ASKING HASH-M TO PUNISH OTHERS [line 2]

(a)

Question (Rava): People say 'gather twigs for (be involved with) a wealthy man (and you will prosper).' What is the source of this?

(b)

Answer (Rabah bar Mari): "Also to Lot who was going with Avram there were flock, cattle and tents."

(c)

(Rav Chanan): If one asks Hash-m to judge between him and another, he is punished first - "Sarai said to Avram... 'Hashem should judge between me and you'", and she died first.

1.

This is only if the person could have claimed in Beis Din, and instead asked Hash-m to judge.

(d)

R. Yitzchak: Woe to the one who cries (to Hash-m), more than the one due to whom he cries!

(e)

Support (Beraisa): "(Im Tza'ok Yitz'ak... My anger will flare and I will kill you (plural))" refers to the one who screams and the one he screams about (for afflicting him). However, the one who screams is punished first.

(f)

(R. Yitzchak): The curse of a common person should not be light in your eyes. Avimelech's curse to Sarah was fulfilled in her child "this is a covering of eyes for you";

1.

He meant, since you concealed from me that he is your husband and caused me this pain, you should have blind children;

2.

This was fulfilled in Yitzchak.

(g)

(R. Avahu): One should be pursued, and not a pursuer. Turtledoves and doves are pursued more than any other birds, and the Torah allows (only) these two species of birds for Korbanos.

2)

AUTHORIZED DAMAGE [line 24]

(a)

(Mishnah): (If he said) 'blind my eye'... (he is liable).

(b)

Question (Rav Asi bar Chama): Why is this different than the Seifa (if he asked him to break his jug on condition that he will be exempt, he is exempt)?

(c)

Answer (Rabah): He is always liable for an eye, for one does not pardon one who destroys an extremal limb (it does not grow back). (We attribute this to Rabah, like the Rif's text; see the marginal note in the Gemara.)

(d)

Question (Rav Asi): Does one pardon pain?!

1.

(Beraisa): If one said 'bruise me on condition that you will be exempt', he is exempt.

(e)

Rabah could not answer. He asked Rav Asi if he knew an answer.

(f)

Answer #1 (Rav Asi citing Rav Sheshes; also, R. Oshaya): Really, one pardons even extremal limbs. One is liable for (all the damage to) an eye because it is a disgrace to the family.

(g)

Answer #2 (Rava): One (pardons pain, but one) does not pardon extremal limbs.

(h)

Answer #3 (R. Yochanan): Sometimes, a person says 'yes' and means 'no', and vice-versa.

(i)

Support (Beraisa): Reuven said 'hit me (or) bruise me';

1.

Shimon: On condition that I will be exempt?

2.

Reuven: Yes.

i.

This 'yes' really means 'no'.

3.

Reuven: Tear my garment.

4.

Shimon: On condition that I will be exempt?

5.

Reuven: No.

i.

This 'no' really means 'yes'.

(j)

(Mishnah): If he said 'break my jug' (or) 'tear my garment', he is liable.

(k)

Contradiction (Beraisa): "(A Shomer is liable for negligence when given a deposit) to guard" - not (if it was given to him) to ruin, tear or distribute to Aniyim (the poor).

(l)

Version #1 (Rashi) Answer #1 (Rav Huna): In the Mishnah, he took the deposit and then damaged it. He is liable (even though he was told to ruin it, unless it was 'on condition that you will be exempt');

1.

In the Beraisa he ruined it without taking it. He is exempt.

(m)

Objection (Rabah): The Beraisa learns from "to guard." This implies that he received it (and even so, he is exempt)!

(n)

Version #2 (Tosfos) Answer #1 (Rav Huna): In the Mishnah, he gave the deposit to the Shomer, then he authorized him to damage it (these are empty words);

1.

In the Beraisa, he was authorized to take it, and guard it or destroy it.

(o)

Objection (Rabah): The Beraisa learns from "to guard." This implies that he already received it! (end of Version #2)

(p)

Answer #2 (Rabah): In the Mishnah, he gave the deposit to be guarded. In the Beraisa, he gave it to be (Tosfos - guarded or) torn.

(q)

A wallet with Tzedakah money came to Pumbedisa. Rav Yosef deposited it with Ploni. Ploni was negligent, and thieves took it. Rav Yosef obligated Ploni to pay.

(r)

Question (Abaye - Beraisa): "To guard" - not (if he was given)... to distribute to Aniyim.

(s)

Answer (Rav Yosef): (The Beraisa discusses most places, where we do not know who was destined to receive the money, so no Ani can claim it.) In Pumbedisa, each Ani gets a fixed amount from Tzedakah. Ploni was like a guardian for every Ani.

93b----------------------------------------93b

PEREK HA'GOZEL ETZIM
3)

CHANGING A STOLEN OBJECT [line 1]

(a)

(Mishnah #1): If one stole wood and made Kelim, (or) wool and he made garments, he pays the value at the time he stole it;

(b)

If he stole a pregnant cow and it gave birth, or a sheep laden with wool and sheared it, he pays for a cow about to give birth or a laden sheep.

(c)

If he stole a cow, and it became pregnant and gave birth, or a sheep, and it became laden with wool and he sheared it, he pays the value at the time he stole it.

1.

The general rule is, all thieves pay the value at the time of the theft.

(d)

(Gemara) Inference: He pays the value at the time he stole it because he made Kelim. Had he only smoothed the wood or been Melaben (bleached) the wool, he would not!

(e)

Contradiction (Beraisa): If one stole wood and smoothed it, or wool and he was Melaben it, or flax and he cleaned it, he pays the value at the time he stole it.

(f)

Answer #1 (Abaye): The Tana of our Mishnah teaches about a reversible change, which acquires mid'Rabanan (but not to imply that had he only smoothed the wood or been Melaben the wool, he would not acquire). All the more so, an irreversible Shinuy acquires mid'Oraisa.

1.

'Wood and he made Kelim' refers to one who stole boards. The Kelim can be dissembled to boards, like he stole;

2.

'Wool and he made garments' refers to one who stole spun wool. The garments can be unraveled to wool again.

3.

The Tana of the Beraisa teaches only about irreversible changes, which acquire mid'Oraisa.

(g)

(Rav Ashi): Also the Tana of our Mishnah teaches only irreversible changes, which acquire mid'Oraisa (but one may not infer that just smoothing wood or Libun of wool does not acquire);

1.

'Wood and he made Kelim' refers to one who (merely) smoothed them, and made clubs;

2.

'Wool and he made garments' refers to felt garments (Libun is not done to the wool).

(h)

Question: Is Libun really a change that acquires?!

1.

Contradiction (Mishnah #2): If a Yisrael did not give the first shearings to a Kohen until he dyed them, he is exempt from giving them;

2.

If he only did Libun, he must give it.

(i)

Answer #1 (Abaye): Mishnah #1 is like R. Shimon, who says that Libun is considered a change. Mishnah #2 is like Chachamim, who say that it is not.

1.

(Beraisa #1): If a Yisrael sheared, spun and wove wool from some sheep, it does not join with shearings from other sheep for the law of first shearings (that must be given to a Kohen);

2.

R. Shimon says, if he was Melaben it, it does not join;

3.

Chachamim say, it joins.

(j)

Answer #2 (Rava): Both Mishnayos are like R. Shimon;

1.

If he unravels the wool, he does not acquire. If he combs it, he acquires.

(k)

Answer #3 (R. Chiya bar Aba): (According to all Tana'im,) if he washes (in water alone), he does not acquire. If he whitens it with sulfur, he acquires.

(l)

Question: If R. Shimon holds that dying does not acquire, can he hold that Libun acquires?!

1.

(Beraisa): If a Yisrael sheared his sheep, and dyed, spun or wove the wool from each before shearing the next, they do not join up;

2.

R. Shimon ben Yehudah cites R. Shimon to say that if he dyed them, they join up.

(m)

Answer #1 (Abaye): The Tana of Beraisa #1 holds that R. Shimon says that Libun acquires. R. Shimon ben Yehudah holds that R. Shimon says that even dying does not acquire.

(n)

Answer #2 (Rava): All agree about R. Shimon's opinion. Libun acquires, but dying does not, for dye can be removed through soap.

1.

Mishnah #2 says that if he dyed the shearings before giving them to a Kohen, he is exempt. It refers to dying with a blue sap (that cannot be removed).

(o)

(Abaye): The following Tana'im all hold that Ein Shinuy Koneh (a change does not acquire): R. Shimon ben Yehudah, Beis Shamai, R. Eliezer ben Yakov, R. Shimon ben Elazar, and R. Yishmael.

1.

We taught about R. Shimon ben Yehudah above;

2.

Beis Shamai - (Beraisa #1): If a man paid a harlot for her services with wheat, olives or grapes, and she made them into flour, oil or wine, these may not be brought for a Korban (they are still considered wages of a harlot);

i.

(Beraisa #2): They may be brought for a Korban.

ii.

(Rav Yosef - Beraisa): Beis Shamai forbid this, and Beis Hillel permit.