1)

(a)What does Rava mean when he says 'de'Salkin le'Eila u'de'Nachsin le'Tata'?

(b)On what grounds does Rava prohibit a Yisrael from testifying in a Nochri court?

(c)On what condition does he nevertheless permit it?

(d)What She'eilah did Rav Ashi ask about a distinguished witness whose testimony even the Nochri high-courts accept like that of two witnesses? Why might he nevertheless be permitted to testify even against a fellow Jew?

(e)What is the outcome of the She'eilah?

1)

(a)When Rava says 'de'Salkin le'Eila u'de'Nachsin le'Tata' - he means that those who are going from Bavel to Eretz Yisrael and vice-versa should all listen to what he is about to say.

(b)Rava prohibits a Yisrael from testifying in a Nochri court - because they extract money through only one witness.

(c)He permits it however - in the high court, where they obligate a Shevu'ah when there is only one witness (just like Beis-Din does),

(d)Rav Ashi asked whether a distinguished witness, whose testimony even the Nochri high-courts accept like that of two witnesses, might be permitted to testify even against a fellow Jew - on the grounds that, due to his importance, he cannot really evade testifying.

(e)The outcome of the She'eilah is - Teiku.

2)

(a)What is Dina de'bar Metzra?

(b)Does Dina de'bar Metzra apply in any way to property of a Nochri?

(c)Then why did Rav Ashi declare a Cherem on anyone who sells a Nochri a field next to that of a Yisrael?

(d)What is the purpose of the Cherem?

2)

(a)Dina de'bar Metzra - is the prohibition for Reuven to sell property bordering Shimon's, to Levi, without first offering it to Shimon.

(b)Dina de'bar Metzra does not apply in any way to the property of a Nochri - so that Levi may purchase from a Nochri land bordering Shimon's, and Reuven may sell a Nochri land bordering Shimon's field without first offering it to Shimon.

(c)Rav Ashi declared a Cherem on anyone who sells a Nochri a field next to that of a Yisrael - because the Yisrael can accuse him of placing a lion on his borders.

(d)The purpose of the Cherem is - to force the seller to offer to compensate the Yisrael for all losses caused by his Nochri neighbor.

3)

(a)On what grounds does our Mishnah permit someone to accept a donkey or a garment from a tax-collector in exchange for the one that he took?

(b)What does the Tana say ...

1. ... about someone who saves something from the river, from a troop of soldiers or from a band of robbers?

2. ... a swarm of bees?

(c)What does the Tana permit a woman or a child to testify in this regard?

(d)The Tana permits entering a neighbor's field to retrieve his swarm of bees that settled on a branch of his tree, and he is obligated to pay for all damages. What does the Tana Kama say about cutting off the branch, to avoid taking them one by one?

(e)On what condition does Rebbi Yishmael B'no shel Rebbi Yochanan ben Berokah permit it?

3)

(a)Our Mishnah permits someone to accept a donkey or a garment from a tax-collector in exchange for the one that he took - on the grounds that the owner has probably been Meya'esh (in which case the recipient acquires the article with Yi'ush and Shinuy Reshus).

(b)The Tana permits someone who saves something from ...

1. ... the river, from a troop of soldiers or from a band of robbers, or from or from ...

2. ... a swarm of bees - he may keep them, provided the owner was Meya'esh.

(c)The Tana permits a woman or a child to testify - from where the swarm of bees flew before settling on the neighbor's branch (to corroborate the owner's claim), in the event that he was not Meya'esh.

(d)The Tana permits entering a neighbor's field to retrieve his swarm of bees that settled on a branch of his tree, and he is obligated to pay for all damages. The Tana Kama - forbids cutting off the branch, to avoid taking them one by one.

(e)Rebbi Yishmael B'no shel Rebbi Yochanan ben Berokah permits it - provided he pays for the branch.

4)

(a)On what grounds does the Beraisa obligate someone who received a donkey or a garment from the tax-collector in exchange for his own, to return it to its original owner?

(b)What do others say?

(c)Rav Asi establishes our Mishnah, which holds that the owner of the donkey ... is Meya'esh, by a Mocheis Nochri, but not by a Mocheis Yisrael. Why is that?

(d)Rav Yosef says the opposite. What is his reasoning?

4)

(a)The Beraisa obligates someone who received a donkey or a garment from the tax-collector in exchange for his own to return it to its original owner - because he holds that Yi'ush (together with Shinuy Reshus - see Shitah Mekubetses quoting the Rashba) is not Koneh.

(b)Others say - that in reality, he acquires the object, but it is Midas Chasidus to return it, since he received it be'Isur.

(c)Rav Asi establishes our Mishnah, which holds that the owner of the donkey ... is Meya'esh, by a Mocheis Nochri, but not by a Mocheis Yisrael - where he is not Meya'esh, because he thinks that tomorrow, he will take the Yisrael to Beis-Din and retrieve his donkey or garment.

(d)Rav Yosef says the opposite. According to him - it is by a Mocheis Yisrael that he is Meya'esh, because Beis-Din only ask the defendant to pay, but do not use force (alternatively, they will not even obligate him to pay without hard evidence), whereas a Nochri court will force him to return his donkey by hook or by crook (even if the evidence is not foolproof).

5)

(a)So Rav Yosef switches Rav Asi's inverted comment to the Seifa, which reads 'ha'Matzil min ... ha'Gayas O min ha'Listim, Im Nisya'ashu ha'Ba'alim, Harei Eilu she'Lo'. What does Rav Yosef infer from this?

(b)How does he then qualify the Mishnah?

5)

(a)So Rav Yosef switches Rav Asi's inverted comment to the Seifa, which reads 'ha'Matzil min ... ha'Gayas O min ha'Listim, Im Nisya'ashu ha'Ba'alim, Harei Eilu she'Lo', implying - that S'tam, the owner is not Meya'esh.

(b)He now qualifies this - by confining it to a Listim Nochri, because the owner expects to retrieve his animal, but in the case of a Listim Yisrael, he is Meya'esh S'tam, because of the softer methods employed by Beis-Din (as we just explained).

6)

(a)What does the Tana in the Mishnah in Keilim mean when he says 'Oros shel Ba'al ha'Bayis, Machshavah Metam'asan'?

(b)Why is this not the case with regard to the skins of a tanner?

(c)The same factual distinction exists between skins of a Gazlan and those of a Ganav. Why does the Tana Kama rule 'Machshavah Metam'asan' by those of a Ganav, but not by those of a Gazlan?

(d)What does Rebbi Shimon say?

6)

(a)When the Tana in the Mishnah in Keilim says 'Oros shel Ba'al ha'Bayis, Machshavah Metam'asan' - he means that as soon as the owner of the completed skins decides to use the skins as a table, say (which requires no more work), they are subject to Tum'ah.

(b)This is not the case with regard to the skins of a tanner - because even if he himself intends to use the skins for a specific purpose, whoever purchases them from him might decide to use them to make shoes for example (which still need to be cut), and unfinished materials are not subject to Tum'ah.

(c)The same factual distinction exists between skins of a Gazlan and those of a Ganav. The Tana Kama rules 'Machshavah Metam'asan' by those of a Ganav, but not by those of a Gazlan - because in the case of the former, the owner, not knowing from whom to claim, is Meya'esh, whereas the latter, whom he knows, he intends to take to Beis-Din.

(d)Rebbi Shimon says - the opposite, because (the owner thinks) seeing that the Gazlan won the first round face to face, he will probably win the second round, too, whereas the Ganav, whom he does not know, he intends to find and take to Beis-Din.

7)

(a)Ula establishes the Machlokes between Rebbi Shimon and the Tana Kama by S'tam (whether or not, we assume S'tam that by Geneivah or Gezeilah, the owner has been Meya'esh). What will Ula hold if the owner was specifically heard being Meya'esh?

(b)What does Rabah say?

(c)How does Abaye prove Ula right from our Mishnah 'Natlu Listim es Kesuso ... Mipnei she'ha'Ba'alim Misya'ashim Meihen'? What does this imply?

(d)How does Rabah amend the Mishnah to refute Abaye's proof?

7)

(a)Ula establishes the Machlokes between Rebbi Shimon and the Tana Kama by S'tam. If the owner was specifically heard being Meya'esh Ula holds - 'Yi'ush K'di Koneh'.

(b)Rabah says - that even if we heard him being Meya'esh, the Tana'im argue whether that Yi'ush is genuine or not.

(c)Abaye proves Ula right from our Mishnah 'Natlu Listim es Kesuso ... Mipnei she'ha'Ba'alim Misya'ashim Meihen' - implying S'tam, allowing us to extraplate that if the owner was actually heard being Meya'esh, it would be considered Yi'ush.

(d)Rabah amends the Mishnah to read - 'L'fi she'Ein Yi'ush Ba'alim'.

8)

(a)In view of the Machlokes between Rebbi Shimon and the Rabanan, what is the problem with our Mishnah, which presents the two cases of Muchsin and of a Listim who took one's donkey ... and concludes 'Mipnei she'ha'Ba'alim Misya'ashin Meihen'?

(b)If Ula will establish the Mishnah by 'Yadu'a', where the owner was heard to be Meya'esh (and where both Tana'im agree), how will Rabah (who draws no distinction between S'tam and Yadu'a) explain it?

(c)According to Rabah, what is then the basic difference between a Mocheis and a Listim?

(d)Ula and Rabah establish the Beraisa 'ha'Ganav, ve'ha'Gazlan ve'ha'Anas Hekdeishan Hekdesh ... ' in the same way as they just established our Mishnah, each one according to his way of thinking. What is the difference between a Gazlan and an Anas?

8)

(a)In view of the Machlokes between Rebbi Shimon and the Rabanan, the problem with our Mishnah, which presents the two cases of Muchsin and of a Listim who took one's donkey ... and concludes 'Mipnei she'ha'Ba'alim Misya'ashin Meihen' is - that, seeing as a Mocheis is definitely a Gazlan, we assume a Listim to be a Ganav, in which case, the Tana does not differentiate between a Ganav and a Gazlan regarding Yi'ush (conforming neither with the opinion of Rebbi Shimon nor with that of the Rabbanan).

(b)Ula will establish the Mishnah by 'Yadu'a', where we heard the owner being Meya'esh (and where both Tana'im agree). Rabah (who draws no distinction between S'tam and Yadu'a) - explains Listim to mean an armed robber, who is a Gazlan, and establishes the Mishnah like Rebbi Shimon.

(c)In fact, according to Rabah, there is no basic difference between a Mocheis and a Listim - only the Tana decided to list two different kinds of Gazlan.

(d)Ula and Rabah establish the Beraisa 'ha'Ganav, ve'ha'Gazlan ve'ha'Anas Hekdeishan Hekdesh ... ' in the same way as they just established our Mishnah, each one according to his way of thinking. The difference between a Gazlan and an Anas is - that the latter pays for the article that he 'robs', whereas the former does not.

114b----------------------------------------114b

9)

(a)Ula and Rabah just established the Beraisa 'ha'Ganav, ve'ha'Gazlan ve'ha'Anas Hekdeishan Hekdesh ... ' in the same way as they established our Mishnah, each one according to his way of thinking. Alternatively, we establish the Beraisa like Rebbi. What does Rebbi mean when he says 'Ganav ke'Gazlan'?

(b)Why must he be referring to the Gazlan of Rebbi Shimon, and not to the Gazlan of the Rabbanan?

(c)We have already cited Rebbi, who told his son Rebbi Shimon, that when the Tana (in connection with ha'Gozel u'Ma'achil es Banav') says 've'Im Hayah Davar she'Yesh bo Acharayus, Chayavin Leshalem', he means something that is easily recognizable. On what grounds are the heirs therefore obligated to return the object?

(d)What do we prove from here?

9)

(a)Ula and Rabah just established the Beraisa 'ha'Ganav, ve'ha'Gazlan ve'ha'Anas Hekdeishan Hekdesh ... ' in the same way as they established our Mishnah, each one according to his way of thinking. Alternatively, we establish the Beraisa like Rebbio say, who says 'Ganav ke'Gazlan', by which he means - that the owner is Meya'esh by both a Ganav and a Gazlan, like the Gazlan of Rebbi Shimon.

(b)He must be referring to the Gazlan of Rebbi Shimon, and not to the Gazlan of the Rabbanan - because then Rebbi would be saying that a Gazlan like a Ganav, does not acquire the object, because there is no Yi'ush. In that case, why would the recipient be permitted to accept the donkey ... from the Muchsin?

(c)We have already cited Rebbi, who told his son Rebbi Shimon, that when the Tana (in connection with ha'Gozel u'Ma'achil es Banav') says 've'Im Hayah Davar she'Yesh bo Acharayus, Chayavin Le'shalem', he means something that is easily recognizable. The heirs are therefore obligated to return the object - because of Kavod Avihen (to prevent a situation occurring, where people see the object and accuse their father of being a Ganav).

(d)We prove from here - that Rebbi must be referring to the Gazlan of Rebbi Shimon, because if he meant the Gazlan of the Rabbanan, who hold that the owner is not Meya'esh, then the heirs would be obligated to return any object that their father stole, even without the reason of 'Kavod Avihen'.

10)

(a)Having taught us that someone who saves an object from a river or from robbers may keep it provided the owner is Meya'esh, why does the Tana need to add 've'Chein N'chil shel Devorim'? Why might we have thought that this Din will differ from the previous one?

(b)Our Mishnah accepts the testimony of a woman or a child, who corroborate the owner's claim that the bees that settled on the neighbor's branch are his. Since when is the testimony of a woman or a child acceptable? Which two conditions are in fact, required?

(c)Rav Ashi has stated that 'Masi'ach L'fi Tumo' is only acceptable with regard to the testimony of a woman whose husband died'. How does he reconcile his statement with Rav Yehudah Amar Shmuel?

(d)What is a possible case of 'Masi'ach L'fi Tumo' of a child by Eidus Ishah?

10)

(a)Despite having taught us that someone who saves an object from a river or from robbers may keep it provided the owner is Meya'esh, the Tana nevertheless needs to add 've'Chein N'chil shel Devorim', because otherwise. we might have thought that, seeing as the owner's Kinyan on bees (like that on doves) is only mi'de'Rabbanan, we will automatically assume that he is Meya'esh, even if we did not hear him doing so.

(b)Our Mishnah accepts the testimony of a woman or a child, who corroborate the owner's claim that the bees that have settled on the neighbor's branch are his. Seeing that normally, the testimony of a woman or a child is not accepted, Rav Yehudah Amar Shmuel establishes the case when a. the owner was seen running after his bees, which already lends credence to his claim, and b. when the woman and the child do not actually testify, but express the evidence in the form of innocent speech ('Masi'ach L'fi Tumo').

(c)Rav Ashi has stated that 'Mesi'ach L'fi Tumo is only acceptable with regard to the testimony of a woman whose husband died'. He reconcile his statement with Rav Yehudah Amar Shmuel - by confining his own statement to cases of d'Oraysa, whereas the case of the bees is only de'Rabbanan (as we already explained), in which case her 'testimony' is accepted.

(d)A possible case of 'Masi'ach L'fi Tumo' of a child by Eidus Ishah - is if one child told another of how he attended the burial of such and such a person (who happens to be the husband of the woman who is waiting for news about her husband).

11)

(a)Rav Yehudah Amar Shmuel relates the story of a man who recalled how, as a small child, he would ride on his father's shoulders. What happened to him once, when he came out of school?

(b)Which finishing touches does Rebbi Chanina add to the story?

(c)Seeing as Rebbi declared him a Kohen, permitting him to eat Terumah on the basis of his story, how can Rav Ashi restrict Masi'ach L'fi Tumo to cases that are de'Rabbanan?

11)

(a)Rav Yehudah Amar Shmuel relates the story of a man who recalled how, as a small child, he would ride on his father's shoulders. He remembered how once, when he came out of school - they removed his clothes and Toveled him in the Mikvah, and how after nightfall, he ate Terumah.

(b)Rebbi Chanina added - that his friends kept their distance from him and referred to him as 'Yochanan Ochel Chalos'.

(c)Nevertheless, Rav Ashi restricts Masi'ach L'fi Tumo to cases that are mi'de'Rabbanan - because this case too, is speaking about Terumah de'Rabbanan (such as Terumah nowadays, according to those who hold 'Kedushah Sheniyah Lo Kidshah le'Asid La'vo').

12)

(a)Rav Acha from Carthage told the story of Rebbi Yehoshua ben Levi (or Rebbi), who permitted a captured woman to return to her husband who was a Kohen, on the basis of her young son. What did the little boy testify, 'Masia'ch L'fi Tumo', about his mother?

(b)And how will we reconcile Rav Ashi (who restricts Masi'ach L'fi Tumo to Isurim Rabbanans) with Rebbi Yehoshua ben Levi, who permitted the boy's mother to return to her husband, who was a Kohen?

(c)Rebbi Yishmael B'no shel Rebbi Yochanan ben Berokah in our Mishnah even permits Shimon, the owner of the bees, to cut off the branch of Reuven's tree to retrieve his bees - one of three conditions of Beis-Din cited by him. What does he say in a case where ...

1. ... Reuven, who is transporting a barrel of wine, collides with Shimon who is transporting a barrel of honey, and the honey begins to spill through a crack in the barrel?

2. ... Shimon's donkey which is laden with flax, dies just as Shimon is passing with his donkey which is laden with wood?

(d)What must must Shimon do in each of these three cases?

12)

(a)Rav Acha from Carthage told the story of Rebbi Yehoshua ben Levi (or Rebbi), who permitted a captured woman to return to her husband who was a Kohen, on the basis of her young son - who testified, 'Masia'ch L'fi Tumo', that he kept an eye on her constantly, even when he went to draw water or chop wood (and it was from his testimony, that he determined that she was not defiled by her captors).

(b)We reconcile Rav Ashi (who restricts Masi'ach L'fi Tumo to Isurim de'Rabbanan) with Rebbi Yehoshua ben Levi, who permitted the boy's mother to return to her husband, who was a Kohen - by applying the principle 'bi'Shevuyah Heikilu' (i.e. the Chachamim were lenient with regard to the Din of a captured (due to the fact that the assumption that her captors defiled her is only a Safek).

(c)Rebbi Yishmael B'no shel Rebbi Yochanan ben Berokah in our Mishnah even permits Shimon, the owner of the bees, to cut off the branch of Reuven's tree to retrieve his bees - one of three conditions of Beis-Din cited by him. To spare Shimon an excessive loss, also obligates Reuven, who ...

1. ... is transporting a barrel of wine, and who collides with Shimon who is transporting a barrel of honey, and the honey begins to spill through a crack in the barrel - to pour out his wine (if need be) and collect the spilling honey.

2. ... is passing with his donkey which is laden with wood when Shimon's donkey, which is laden with flax, dies - to unload his wood and to leave it there (if necessary).

(d)In each of these three cases - Shimon is obligated to reimburse Reuven for his loss.

13)

(a)On what condition does our Mishnah permit Reuven to retrieve his Sefarim and objects that he recognizes in Shimon's possession?

(b)Why is this necessary?

(c)We now assume that Shimon purchased them from the thief. Is Reuven obligated to reimburse him?

(d)Why do we not suspect that Reuven sold them to Levi, and it is from Levi that Reuven purchased them?

13)

(a)Our Mishnah permits Reuven, who recognizes his Sefarim and objects in Shimon's possession, to take them, on condition - that this is accompanied by a rumor that he had a break-in.

(b)Otherwise, says Rav Yehudah Amar Rav - we suspect that he may have sold them to Levi, who subsequently sold them to Shimon.

(c)We now assume that Shimon purchased them from the thief. Consequently - he swears how much he paid for them and claims that sum from Reuven.

(d)We do not suspect that Reuven sold them to Levi, and it is from Levi that Reuven purchased them, Rav Yehudah explains - because the above-mentioned rumor is borne out by the fact that following the break-in, we heard him shouting 'Ganavim' during the night.

14)

(a)What does Rav Kahana Amar Rav say to counter the suspicion that shouting 'Ganavim' might simply have been a ruse to start a rumor that will later enable him to retrieve the things that he had previously sold - besides the fact that a tunnel was dug underneath Reuven's house? Which other two conditions does he require to substantiate Reuven's claim?

(b)We know that Sefarim as well as vessels were stolen, says Rebbi Chiya bar Aba Amar Rebbi Yochanan, because that is what the people are saying. But how do we know that the vessels that he is claiming are the identical ones that were stolen? Perhaps they stole ...

1. ... old ones, and he is claiming new ones?

2. ... small ones, and he is claiming new ones?

14)

(a)To counter the suspicion that shouting 'Ganavim' might simply have been a ruse to start a rumor that will later enable him to retrieve the things that he had previously sold, Rav Kahana Amar Rav requires three additional conditions; that: 1. a tunnel was dug underneath Reuven's house; 2. guests (who had been staying with him) were seen leaving with bundles of Sefarim and vessels on their shoulders and 3. that people must be saying that his Sefarim and vessels were stolen.

(b)We know that Sefarim as well as vessels were stolen, because that is what the people are saying. And we know that the vessels that he is claiming are the identical ones that were stolen, and not that they stole ...

1. ... old ones, and he is claiming new ones, Rebbi Yossi b'Rebbi Chanina - because the people are listing them.

2. ... small ones, and he is claiming big ones, says Rav - because it speaks when they actually recognize them.

15)

(a)We query Rav from another statement ruling that he issued. What did he say about a person who digs his way into someone's house and steals vessels?

(b)Why is that?

(c)What is not the problem with Rav's current ruling?

(d)How do we answer this Kashya? Why is this not really a case of 'Ba'be'Machteres'?

15)

(a)We query Rav from another statement of his where he rules that if a person digs his way into someone's house ('ha'Ba be'Machteres') and steals vessels - he is Patur from returning them ...

(b)... because 'he acquired them with his blood', by which he means that since, the owner is permitted to kill him should he catch him in the act, we apply the principle ('Kam leih bi'de'Rabah Mineih' [a person who is Chayav Misah is Patur from paying from any loss that the same act causes]).

(c)The problem with Rav's current ruling is that, since Levi ('Ba be'Machteres') acquired the vessels', how can Reuven then claim them back from Shimon.

(d)The answer is that this is not really a case of 'Ba be'Machteres' - because Rav's concession for the Ganav to keep the vessels only applies there where he dug the tunnel in order to enter the owner's house and steal, but not where he entered as a guest, and dug the tunnel only as an escape route.

16)

(a)With reference to our Mishnah, on what condition does Rava not require the owner to describe the stolen objects in detail?

(b)We ask why we do not suspect that perhaps he just happened to need money, and that he sold them in spite of his regular habit. What does Rav Ashi answer?

16)

(a)With reference to our Mishnah, Rava does not require the owner to describe the stolen objects in detail - in the event that the owner is not in the habit of selling his personal belongings (see also Rambam).

(b)Rav Ashi explains that we do not suspect that perhaps he just happened to need money, and that he sold them in spite of his regular habit - because the rumor that he had a break-in will suffice to dispense with that suspicion.

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