CARE FOR KELIM
(Mishnah): He spreads it out for its upkeep, but not for his own honor.
Question: May he spread it out for its upkeep and for his own honor?
Answer #1 (Mishnah): He spreads it out for its upkeep.
Inference: For its upkeep and his own honor are forbidden.
Question (Reisha): He may not spread it out for his own honor.
Inference: For its upkeep and for his own honor is permitted!
Conclusion: The inferences contradict one another. We cannot determine which is correct. The Mishnah is not a proof either way.
Answer #2 (Beraisa): He may not spread it on a bed, nor on a peg for his needs. If guests came, he may not do this for his needs and its sake together.
Rejection There is different, for it will be ruined, either due to Ayin ha'Ra (envy), or lest it be stolen.
Answer #3 (Beraisa): If a calf was brought to a team of yoked animals, and it threshed, (this is not considered that the owner worked with it, so) it is not disqualified from being an Eglah Arufah (a calf beheaded for atonement when a murdered body is found);
If it was brought in so it will nurse and thresh, it is disqualified.
This teaches that intent for its and the owner's benefit is like intent for the owner's benefit alone!
Rejection #1: Eglah Arufah is different. It says "Asher Lo Uvad Bah (work was not done with it)" - at all.
Objection: If so, also in the first case it should be disqualified!
Rejection #2: This is like the law of Parah Adumah (the red heifer):
(Mishnah): If a bird rested on a Parah Adumah, it is not disqualified. If a male mated with it, it is disqualified.
Question: What is the reason?
Answer: This is like Rav Papa's teaching (about Eglah Arufah);
(Rav Papa): Had the Torah written 'Uvad (was worked)', and we would read it "Uvad", we would disqualify it even if it worked by itself;
Had the Torah written 'Ovad (he worked (with it))', and we would read it 'Ovad', we would disqualify it only if he worked with it;
Rather, the Torah wrote "Ovad", and tradition says to pronounce it "Uvad". We disqualify it if Uvad (it worked) similar to Ovad (he worked with it), i.e. he is pleased that it worked.
(Mishnah): If one found silver or copper Kelim, he uses them...
(Beraisa): If one found wooden Kelim, he uses them so they will not rot. Copper Kelim may be used with hot food, but he may not put them over a fire;
Silver Kelim may be used with cold food, but not with hot food, for this blackens them.
Shovels (for sweeping ashes) and axes should be used gently, not roughly, for this blunts them;
Gold or glass Kelim should be left until Eliyahu comes. One may not touch them.
The laws of an Aveidah apply also to a deposit (with a Shomer Chinam or Shomer Sachar).
Question: Why should one use a deposit? (The owner will use it as often as he thinks is proper!)
Answer: The case is, the owner went overseas.
AN AVEIDAH BELOW THE DIGNITY OF THE FINDER
(Mishnah): If he finds a bag, box or anything that normally he would not carry it, he leaves it there.
Question: What is the source for this?
Answer (Beraisa): "V'His'alamta" - sometimes you ignore an Aveidah, and sometimes not;
If a Kohen sees an Aveidah in a cemetery, or a Chacham sees an Aveidah that it is undignified for him to carry it, or if the Aveidah is worth less than what the finder will lose by ceasing from his work to return it, he ignores it.
Question: For which of these was the verse needed?
Suggestion: It is for a Kohen who sees an Aveidah in a cemetery.
Rejection: This is obvious, no verse is needed!
Returning an Aveidah is an Aseh (positive Mitzvah). A Lav (negative Mitzvah) and an Aseh ("Kedoshim Yiheyu") forbid a Kohen to become Tamei. An Aseh does not override a Lav and an Aseh!
Also, we do not override Isurim for (Mitzvos pertaining to) money!
Answer #1: Rather, the verse is needed for when the cessation from his work exceeds the value of the Aveidah.
Rejection: We know that from Rav Yehudah's law!
(Rav Yehudah): "Lo Yihyeh Becha Evyon (do not bring yourself to poverty)" - (avoiding) your own loss takes precedence.
Answer #2: Rather, the verse is needed for a Chacham who finds something below his dignity.
(Rabah): If the Chacham hit the animal (so it will return to its owner), he is obligated to return it.
Abaye saw some goats. He threw a clod of earth at them.
Rabah: You are obligated to return them.
Question: If the Chacham would return it in the field (where few people see him), but not in the city, must he take it from the field to return it to the city?
Since he is not obligated to fully return it, he need not start;
Or, in the field, he is obligated to take it, and once he starts, he must finish!
This question is not resolved.
(Rava): Anything that a Chacham would take if it were his own, he must return if it belongs to another;
If a Chacham would load or unload his own animal, he must help others load or unload.
R. Yishmael b'Rebbi Yosi saw a man carrying wood. The man rested, then asked R. Yishmael to help him load the wood. R. Yishmael bought the wood (to avoid needing to help), and made it Hefker. The man acquired the wood and asked for help; R. Yishmael again bought it and made it Hefker. He saw the man going to acquire it again.
R. Yishmael: It is Hefker to all except for you.
Question: That is not Hefker!
(Mishnah - Beis Shamai): If something is Hefker only for poor people to take, it is Hefker (and is exempt from Ma'aser);
Beis Hillel say, it is Hefker only if rich and poor may take it, like Shemitah.
Answer: Really, R. Yishmael made it Hefker for all. He deceived the man, lest he take it again.
Question: (Loading) wood is below the honor of R. Yishmael b'Rebbi Yosi. He was exempt!
Answer: R. Yishmael b'Rebbi Yosi went beyond the letter of the law.
(Rav Yosef): "V'Hodata Lahem" is learning a trade (some explain - Torah). "Ha'Derech" is Chesed. "Asher Yelchu Vah" is Bikur Cholim (investigating the needs of sick). "Vah" is burying the dead. "Ha'Ma'aseh" is the law. "Asher Ya'asun" is going beyond the letter of the law.
Question: Bikur Cholim is included in Chesed!
Answer: The Torah must teach about Ben Gilo (someone with the same Mazal as himself).
It was taught that if one visits Ben Gilo, one part in 60 of the sickness goes from the Choleh to the visitor.
The verse obligates Bikur Cholim even in this case.
Question: Burying the dead is included in Chesed!
Answer: The Torah must teach about a Chacham for whom it is beneath his dignity to dig. (For burial, he is obligated.)
(R. Yochanan): Yerushalayim was destroyed only because they judged like Torah law.
Question: How should they have judged, using torture?!
Answer: He means, they adhered to the law, and did not go beyond the letter of the law.
WHAT IS CONSIDERED LOST?
(Mishnah): What is an Aveidah? If a donkey or cow was grazing on the path, this is not considered lost;
If the Kelim on a donkey are reversed, or a cow is running through a vineyard, this is an Aveidah.
If he returned it and it got lost again, he returned it and it got lost again, even four or five times, he must return it - "Hashev Teshivem".
If in the time Reuven spent returning the Aveidah, he lost one Sela of earnings, he may not demand compensation of one Sela. Rather, he is paid like a worker (this will be explained).
(If he wants full compensation,) if there is a Beis Din there, he stipulates with Beis Din. If not, he is exempt from returning, for he would lose money.
(Gemara) Question: Why does the Mishnah ask 'what is an Aveidah?' The previous Mishnayos gave many examples!
Answer (Rav Yehudah): The Mishnah asks how to discern whether or not something is an Aveidah.
Question: If a donkey or cow was grazing on the path, no matter how long, will we say that it is not an Aveidah?!
Answer (Rav Yehudah): Until three days, it is not an Aveidah.
Question: What is the case?
At night, even after a moment, it is an Aveidah!
During the day, even more than three days, it is not an Aveidah!
Answer: The case is, he saw it before dawn or at dusk.
For three days, we say that it just occurred that way. After this, we say that it is an Aveidah.