1)RETURNING THE FULL VALUE

(a)(Mishnah - R. Tarfon): The finder may use the money...

(b)Inference: They argue only if the finder used the money. If not, all agree that if it was lost, he is exempt.

(c)Suggestion: This refutes Rav Yosef!

1.(Rabah): One who guards an Aveidah is a Shomer Chinam (one guarding a deposit for free);

2.(Rav Yosef): He is a Shomer Sachar (a paid Shomer, who is liable if it is lost or stolen).

(d)Answer (Rav Yosef): All agree that if the money is stolen or lost, he is liable. They argue about Onsim (loss beyond the Shomer's control).

1.R. Tarfon says that Chachamim permit him to use the money, so he is a borrower, he is liable;

2.R. Akiva says that Chachamim forbid him to use the money, he is not a borrower, he is exempt.

(e)Question: If so, why does R. Akiva say 'therefore'? (If he never used the money, obviously he is exempt!)

1.This is not difficult for Rabah, who says that they argue about when the money is stolen or lost. One might have thought that one who guards an Aveidah is considered a Shomer Sachar. R. Akiva teaches that this is not so. He may not use the money, therefore he is like a Shomer Chinam, and he is exempt.

2.But if all agree that if the money is stolen or lost, he is liable, and they argue about Onsim, it would suffice for R. Akiva to say that he may not use the money, and clearly he is exempt!

(f)Answer: Since R. Tarfon said 'therefore', R. Akiva also said it.

(g)Question: Why did R. Tarfon say 'therefore'?

(h)Answer: Because Chachamim permit him to use the money, it is as if he used it, so he is liable (like a borrower).

(i)Question: The Mishnah says that the money was lost!

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(j)Answer: This is like Rabah taught (elsewhere, that it was lost through Ones).

1.(Rabah): They were stolen by armed robbers. It was lost, i.e. the ship sank.

(k)(Rav Yehudah): The Halachah follows R. Tarfon.

(l)Rachbah was holding orphans' money. He asked Rav Yosef whether he may use it.

(m)Rav Yosef: Rav Yehudah said that the Halachah follows R. Tarfon. Similarly, you may use it.

(n)Question (Abaye): R. Chelbo added that is only when the finder sold the Aveidah, since he exerted himself, but not when he found money;

1.Holding orphans' money is like finding money!

(o)Rav Yosef agreed, and forbade Rachbah to use it.

2)HOW WE CARE FOR AVEIDOS

(a)(Mishnah): If one found Sefarim (written on parchment, wrapped around poles), he should read in them once every 30 days. If he does not know how to read, he rolls them from beginning to end;

1.He may not learn in it something he has not learned before (lest he spend a long time in one place), nor may two people read together.

(b)If one found a garment, he shakes it once every 30 days and spreads it out for its upkeep, but not for his own honor.

(c)If one found silver or copper Kelim, he uses them for their upkeep, but may not wear them out.

(d)If one found gold or glass Kelim, he should leave them until Eliyahu comes and not touch them.

(e)If he finds a bag, box or anything that usually he would not carry (it is below his dignity), he leaves it there.

(f)(Gemara - Shmuel): If one found Tefilin in the market, he estimates their value and may wear them immediately (on condition that if the owner will come and give a sign, he will give their value to him).

(g)Question (Ravina - Mishnah): If one found Sefarim, he should read in them once every 30 days. If he does not how to read, he should roll them.

1.The Mishnah does not say to estimate them and take them!

(h)Answer (Abaye): Tefilin are readily available to buy (the owner is happy to get their value). It is not easy to buy Sefarim.

3)TAKING CARE OF A SEFER TORAH

(a)(Beraisa): If Reuven borrowed Shimon's Sefer Torah, he may not lend it to Levi;

1.He opens it and reads in it, but may not learn in it something for the first time, nor may another person read with him.

(b)Similarly, if Shimon deposited his Sefer Torah with Reuven, Reuven rolls it every 12 months, opens it and reads in it. If he opened it for his own needs, he may not read in it;

(c)Sumchus says, one rolls a new Sefer Torah every 30 days. One rolls an old one every 12 months;

(d)R. Eliezer ben Yakov says, one rolls a new or old Sefer Torah every 12 months.

(e)(Beraisa): Reuven borrowed Shimon's Sefer Torah, he may not lend it to Levi.

(f)Question: Why was this taught about a Sefer Torah? It applies to any borrowed object!

1.(Reish Lakish): A Mishnah teaches that a borrower may not lend to another person, and a renter may not rent to another!

(g)Answer: One might have thought that a Sefer Torah is different, for one is happy that people do a Mitzvah with his property. The Beraisa teaches that this is not so.

(h)Question: Why must the Beraisa teach 'he opens it and reads in it'? This is obvious. He borrowed it to do so!

(i)Answer: The Chidush is the Seifa, he may not learn in it something for the first time.

(j)(Beraisa): Similarly, if Shimon deposited his Sefer Torah with Reuven, Reuven rolls it every 12 months, opens it and read in it.

(k)Question #1: Why may he use it for himself?

(l)Question #2 (Seifa): If he opened it for his own needs, he may not read in it.'

1.The Reisha permits him to read in it!

(m)Answer to both questions: If when he is rolling it, he opens it and reads in it, this is permitted. If he opened it for himself, it is forbidden.

(n)(Beraisa - Sumchus): One rolls a new Sefer Torah every 30 days. One rolls an old one every 12 months;

(o)R. Eliezer ben Yakov says, both are rolled every 12 months.

(p)Question: R. Eliezer ben Yakov says just like the first Tana!

(q)Correction: The text should say that R. Eliezer says that both are rolled every 30 days.

(r)(Mishnah): He may not learn in it something he has not learned before, nor should two people read together.

(s)Contradiction (Beraisa): He may not read a Parshah in it and repeat it, nor read a Parshah and translate it, nor open it exposing more than three parchments, nor should three people read in one Sefer at a time.

1.Inference: Two people may read together!

(t)Answer (Abaye): Two people may read in one Parshah, but not in two Parshiyos (Rashi; Rambam - just the opposite).

4)PRACTICAL ADVICE OF R. YOCHANAN

(a)(Mishnah): If one found a garment should shake it once every 30 days...

(b)Inference: Shaking it out is good for it.

(c)Question: R. Yochanan said that shaking out a garment every day wears out clothing!

(d)Answer #1: Shaking it out once in 30 days is good for it. Shaking it out every day harms it.

(e)Answer #2: When one person shakes it out, this is good for it. When two people shake it out, this harms it.

(f)Answer #3: Shaking it out by hand is good for it. Shaking it using a stick harms it.

(g)Answer #4: Shaking out a woolen garment harms it. Shaking out a linen garment is good for it (Rashi; Rambam - just the opposite).

(h)(R. Yochanan): Drinking lukewarm water is more harmful than water affected by witchcraft.

1.This is only in a metal Kli. In earthenware, there is no problem.

2.Even in a metal Kli, if the water was boiled, there is no problem.

3.If herbs or spices were put in the water, there is no problem.

(i)(R. Yochanan): The following deplete a person's wealth: wearing linen garments, using glass Kelim, and leaving hired workers unattended.

1.Wearing linen garments refers to Roman linen (it is expensive, and wears out quickly).

2.Using glass Kelim refers to 'white glass' (a very rare and precious crystal);

3.Leaving hired workers unattended refers to cases like plowers (they can ruin the field and the cattle).

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