[82a - 32 lines; 82b - 26 lines]

1)[line 1]כאן שהלוהו פירותKAN SHE'HILVAHU PEIROS- this refers to a case where a person lends fruit [and takes collateral,] he (the creditor) is a Shomer Sachar [for the item of collateral, since he benefits by not having to guard his own fruit from rotting; he will receive new fruit when the Loveh repays the loan]

2)[line 11]מחוורתאMECHAVARTA- it is clearly correct

3)[line 15]קתא דמגלאKATA D'MAGLA- the handle of a sickle or saw

4)[line 20]לבעל חובBA'AL CHOV- a creditor

5)[line 21]"... וּלְךָ תִּהְיֶה צְדָקָה...""... U'LECHA TIHEYEH TZEDAKAH..."- "[You shall deliver him the pledge back when the sun goes down, that he may sleep in his own garment, and bless you;] and it shall be righteousness to you [before HaSh-m]." (Devarim 24:13)

6)[line 28]שומר אבידהSHOMER AVEIDAH

A Shomer Aveidah is a person who watches a lost object until the owner comes to claim it. Rabah rules that he has the obligations and liabilities of a Shomer Chinam. Rav Yosef rules that he has the obligations and the liabilities of a Shomer Sachar.


The Gemara (Sukah 25a) brings the verse "בְּשִׁבְתְּךָ בְּבֵיתֶךָ" "b'Shivtecha b'Veisecha" (Devarim 6:7) to prove that one is not required to do a Mitzvah while he is occupied with another Mitzvah. As a result, Rav Yosef rules that when one is busy guarding an Aveidah (a lost item that one found), should a pauper come to his door he will not be obligated to give him Tzedakah. This penny saved is a penny earned, and this is sufficient to consider the Shomer Aveidah a Shomer Sachar (a paid watchman), for he is being "paid" the Perutah that he need not give to the pauper. Even if the situation does not arise, he is considered a paid watchman, since the "job" carries with it the possibility of a financial gain.


8)[line 1]במלוה צריך למשכוןB'MALVEH TZARICH LA'MASHKON- where the creditor needs the [use of the] Mashkon [and is willing to deduct rental fees from the amount of the loan]

9a)[line 8]במראMARA- (O.F. fossoir) a hoe

b)[line 8]ופסלPASAL- (O.F. dolodoire) adz, a small axe; hatchet

c)[line 8]וקרדוםKARDOM- (O.F. besagud) a carpenter's tool that cuts at both ends; according to the Gemara (Beitzah 31b) this may refer to a double-headed tool that has an axe-head on one side and a hatchet-head on the other

10a)[line 8]ונפיש אגרייהוNAFISH AGRAIHU- they bring in substantial rental fees

b)[line 9]וזוטר פחתייהוZUTAR PECHASAIHU- they only depreciate to a small extent

11)[line 18]נתקל לאו פושע הואNISKAL LAV POSHE'A HU- one who trips and falls (and thereby causes damage to someone else) is not considered negligent and is not obligated to pay for the damages. This is the subject of a Machlokes Tana'im (Bava Kama 29a, 82b). In our Mishnah, the one who breaks a barrel that he transfers from place to place is considered at least a "Niskal," and since he exempts himself with an oath, it seems that Rebbi Meir rules that "Niskal Lav Peshe'a Hu."

12)[line 20]פטור מדיני אדם וחייב בדיני שמיםPATUR MI'DINEI ADAM V'CHAYAV B'DINEI SHAMAYIM- he is exempt from laws of man, but he is liable by the laws of Heaven

13)[line 21]תברה! מי ששנה זו לא שנה זוTAVRAH! MI SHE'SHANAH ZU LO SHANAH ZU- (a) There is a contradiction (between the two Mishnayos)! The Tana who taught one did not teach the other (RASHI); (b) Tavra is a word used as an oath (TOSFOS to Kesuvos 75b DH Tavra, citing RABEINU CHANANEL)

14)[last line]במקום מדרוןMEKOM MADRON- a slope