1)

SUSPECTED THIEVES [line 2]

(a)

(Mishnah): We may not buy from people who guard fruit...

(b)

Rava bought a bundle of vine shoots from a sharecropper.

(c)

Abaye: The Mishnah forbids buying fruit or wood from people who guard fruit!

(d)

Rava: It refers to guardians, who receive no share of the Peros. Sharecroppers receive a share of the Peros, we may suppose that they sell from their share.

(e)

(Beraisa): We may buy from people who guard fruit when they sit and sell with the baskets and big scales in front of them;

1.

If the seller says to conceal it, it is always forbidden.

(f)

We may buy from them at the entrance to the garden, but not in back of it.

(g)

Question: When may one buy from a thief?

(h)

Answer #1 (Rav): One may buy only if the majority of what he sells is his.

(i)

Answer #2 (Shmuel): One may buy even if the minority is his.

1.

Rav Yehudah ruled like Shmuel.

(j)

(Rav Huna or Rav Yehudah): One may destroy property of a Moser (one who shows others' money to people who will take it by force).

(k)

(The other of Rav Huna and Rav Yehudah): One may not destroy his property.

1.

One permits, for one may even kill a Moser, all the more so one may destroy his money!

2.

One forbids, lest he will have a righteous heir - "the Rasha prepares, and the Tzadik will wear".

(l)

Rav Chisda's sharecropper was meticulous to take his full share (alternatively, he took more than he was entitled to. Maharsha challenges the first explanation, for one who takes his exact share is not called a Rasha. Ben Yehoyada - he would weigh Rav Chisda's share while the grain was moist, and take the same weight for his own share after it dried.)

(m)

Rav Chisda fired him, and kept his portion - "the wealth of the sinner waits (to pass to) the Tzadik".

2)

THEFT IS LIKE MURDER [line 22]

(a)

(Rav Huna or Rav Chisda): "What is the hope of an evildoer when he steals? Hash-m Yeshel his soul" - Hash-m will give serenity to the soul of his victim;

1.

He learns from "the way of a thief, he takes the owner's soul."

(b)

(The other of Rav Huna and Rav Chisda): It means, Hash-m will cast off the thief's soul.

1.

He learns from "do not steal from a poor person because he is poor, or afflict the Oni in the gate. Hash-m will wage their battle and Kova Es Kov'eihem Nafesh (mortally avenge the one who afflicted them)."

(c)

Question: How does the latter opinion explain the first verse?

(d)

Answer: Hash-m will take the (thief's i.e. the) current owner's soul."

(e)

Question: How does the first opinion explain the latter verse?

(f)

Answer: It explains why Hash-m will avenge the thief, i.e. for he mortally afflicts his victims.

(g)

(R. Yochanan): If who steals a Perutah, it is as if he takes the soul of his victim - "the way of a thief, he takes the owner's soul";

1.

It also says "he will eat your harvest and your bread, (it is as if) they will eat your sons and daughters";

2.

It also says "the Chamas (extortion) of people of Yehudah, who spilled innocent blood in their land"

3.

It also says "to Sha'ul... that he killed the Giv'onim."

(h)

Question: Why are all these verses needed?

(i)

Answer: One might have thought that theft is like killing only the owner, but not his children - "your sons and daughters" teaches that this is not so;

1.

One might have thought that this applies only to theft without paying, but not to one who pays - "the Chamas of people of Yehudah, who spilled innocent blood " teaches that this is not so;

2.

One might have thought that this applies only to direct theft, but not by causation - "to Sha'ul... that he killed the Giv'onim" teaches that this is not so.

3.

Question: Where do we find that Sha'ul killed the Giv'onim?

4.

Answer: He did not directly kill them. He killed the Kohanim of Nov, and they used to supply them with water and food. (Rashi Yevamos 78b - the Kohanim used to supply the Giv'onim. Maharsha - the Giv'onim supplied the Kohanim, and they were blessed for doing so.)

i.

The verse considers this like killing them.

3)

BUYING FROM WOMEN [line 42]

(a)

(Mishnah): We may buy from women...

(b)

(Beraisa): We may buy woolen garments in Yehudah and linen garments in Galil from women;

(c)

We may not buy wine, oil and flour from them, nor from slaves or children;

(d)

R. Elazar bar Shimon says, a woman may sell the value of four or five Dinarim, in order to make a covering for her head.

(e)

If the seller says to conceal it, it is always forbidden.

(f)

Collectors of Tzedakah may take only a small amount from women.

(g)

From wives of olive-pressers, we may buy a large quantity of olives or oil, but not a small amount.

(h)

R. Shimon ben Gamliel says, in upper Galil we may buy a small amount of olives from women, for often their husbands are embarrassed to sell themselves, and ask their wives to sell.

(i)

Ravina (who collected Tzedakah) visited Bei Mechuza. Women threw gold chains and bracelets at him. He took them.

(j)

Rabah Tosfah: The Beraisa permits collectors of Tzedakah to take only a small amount from women!

(k)

Ravina: For people of Mechuza, this is a small amount.

4)

WHICH THINGS PEOPLE CARE ABOUT [line 49]

(a)

(Mishnah): Launderers may keep tufts that they remove from clothing;

1.

What a fuller (one who cleans and shrinks wool) removes, he must return it to the owner (of the garment).

(b)

If a launderer removes three threads to even out a garment, he may keep them;

1.

If he removes more, he must return them to the owner.

2.

If there are black threads on a white garment, he may keep as many as there are (for they detract from the garment).

(c)

If a tailor had enough thread left over to sew with, or cut off a piece of material three fingers by three fingers, the owner gets it;

(d)

Shavings shaved off by a Ma'atzad (plane) belong to the carpenter. Those from a Keshil (big plane) belong to the owner.

1.

If he is working in the owner's house, even sawdust from a drill belongs to the owner.

(e)

(Gemara - Beraisa): We may buy tufts from a launderer, because they belong to him;

1.

A launderer takes the two top threads;

119b----------------------------------------119b

2.

He should not sew loops (for stretching the garment) with more than three stitches.

(f)

He should not comb the garment in the direction of the warp threads, rather, in the direction of the woof threads;

(g)

He should even it out lengthwise, not widthwise;

1.

He may remove strands up to one Tefach thick to even it out.

(h)

Contradiction: The Beraisa permits taking two threads, the Mishnah permits three!

(i)

Answer: The Beraisa discusses strong threads. The Mishnah discusses weak threads.

5)

PROPER FIXING OF GARMENTS [line 5]

(a)

(Beraisa): He should not comb the garment in the direction of the warp threads, rather, in the direction of the woof threads.

(b)

Contradiction: Another Beraisa says just the opposite!

(c)

Answer: A garment worn every day should not be combed in the direction of the warp threads, lest it tear easily. For a fancy garment, this is better, for it looks nicer.

(d)

(Beraisa): He should not sew loops with more than three stitches.

(e)

Question (R. Yirmiyah): Does this mean three insertions of the needle, or three complete (insertion and extraction) stitches?

(f)

This question is unsettled.

(g)

(Beraisa): He should even it out lengthwise, not widthwise;

(h)

Contradiction: Another Beraisa says just the opposite!

(i)

Answer: A regular garment should be evened out lengthwise. A belt should be evened out widthwise (since only the ends are seen).

6)

WHAT MAY BE BOUGHT [line 12]

(a)

(Beraisa): We may not buy tufts from a fuller, for they do not belong to him;

1.

In a place where the custom is that he keeps them, we may buy.

2.

Everywhere, we may buy from him a pillow or blanket stuffed with tufts.

3.

Question: What is the reason?

4.

Answer: (Even if he stole them,) he acquired them through changing them.

(b)

(Beraisa): We may not buy the following from a weaver: wool put on the pole holding the woof threads, threads through which the warp threads pass, woof threads, or leftover balls of thread. We may buy a multicolored garment (even though it seems that the material was taken from other garments), and spun or woven threads.

(c)

Question: Something woven was already spun (it suffices to permit spun threads)!

(d)

Answer: The Beraisa teaches about plaits, which were not previously spun.

(e)

(Beraisa): We may not buy from a dyer samples (of garments, taken to see how the dye will be absorbed), examples (of wool of the desired color) or bits pulled from shearings;

1.

We may buy from him dyed garments, spun thread and garments.

(f)

Question: A garment was already spun!

(g)

Answer: The Beraisa teaches about felt, which was not previously spun.

7)

WHAT MAY BE BOUGHT [line 23]

(a)

(Beraisa): If one gave skins to a tanner, the pieces of skin and wool that come off belong to the owner;

1.

What comes off in the water, the tanner keeps.

(b)

(Mishnah): Black threads...

(c)

(Rav Yehudah): A launderer is called Katzra. He is Mekatzer (shortens) garments, and keeps what he removes.

(d)

(Rav Yehudah): If the three threads were not taken, they count towards the thumb's-breadth that the Techeiles strings (of Tzitzis) must be distanced from the corner;

1.

My son Yitzchak is particular about them (he takes them).

(e)

(Mishnah): If a tailor had enough thread left over...

(f)

Question: How much is considered enough to sew with?

(g)

Answer (Rav Asi): It is a needle's length, and past the needle (one needs a needle's length just to insert the needle).

(h)

Question: Does he mean a needle's length above the (length of the) needle, or a needle's length, and any amount more?

(i)

Answer (Beraisa): If a tailor had thread left over insufficient to sew with, or fabric less than three fingers by three fingers, if the owner wants them, he gets them. If not, the tailor keeps them.

1.

If the Mishnah means two needle's lengths, even less than this can be used for a loop.

2.

But if the Mishnah means a needle's length and any amount past this, less than this is useless! (Why would anyone want it?)

i.

We conclude, it means two needle's lengths.

(j)

(Mishnah): Shavings that come off a Ma'atzad (plane) belong to the carpenter. Those from a Keshil (big plane) to the owner.

(k)

Contradiction (Beraisa): Pieces that come off a Ma'atzad or saw belong to the owner. Shavings from a drill or plane and sawdust belong to the carpenter.

(l)

Answer (Rava): In the region of the Tana of the Mishnah, there are two kinds of planes. Big ones are called Keshil, and small ones are called Ma'atzad;

1.

In the region of the Tana of the Beraisa, they only have big ones, and they call them Ma'atzad.

(m)

(Mishnah): If he is working in the owner's house...

(n)

(Beraisa): If one quarries rocks, we may buy from anything from him;

(o)

Pruners of trees, vines and bushes, weeders, people who uproot some of the vegetables where they are growing too densely, if the owner wants what they remove, they must give him.

(p)

(Rav Yehudah): One may keep hops and unripe fodder, except in places where people care about them.

(q)

(Ravina): In Masa Machsiya, people care about them.

TAM V'NISHLAM SHEVACH L'KEL BOREI OLAM