1)THE BEST WAY TO GUARD MONEY
(a)(Mishnah): If Reuven deposited coins with Shimon, he is liable if they were lost through one of the following ways: Shimon wrapped them and cast them on his back (and carried them), or gave them to his small children (minors) to guard, or he locked in front of them improperly;
1.This is because this is not the way people guard.
(b)If he guarded normally, he is exempt.
(c)(Gemara) Question: The other cases we understand, but why is he liable for wrapping them and casting them on his back? What else should he have done?
(d)Answer (Rava): "V'Tzarta ha'Kesef b'Yadecha" - even if the money is wrapped, it should be in your hand.
(e)(R. Yitzchak): A person's money should always be in his hand - "v'Tzarta ha'Kesef b'Yadecha".
(f)(R. Yitzchak): One should invest a third of his money in land, a third in merchandise, and leave a third in coins.
(g)(R. Yitzchak): Blessing only comes on something hidden from view - "ha'Berachah ba'Asamecha" (an expression of Samuy, hidden).
(h)(Tana d'Vei R. Yishmael): Blessing only comes on something that cannot be seen - "ba'Asamecha" (in your storehouse, which is hidden).
(i)(Beraisa): When one who goes to measure his grain, first he should ask Hash-m to send a Berachah on it;
1.While measuring, he blesses Hash-m to thank Him;
2.If he requests after measuring. this is a vain prayer, for Berachah does not take effect on anything weighed, measured or counted, only on something that is not seen.
(j)(Shmuel): The only proper guarding of coins is in the ground.
(k)(Rava): Shmuel admits that if Levi receives a deposit of coins just before Shabbos, he is not obligated to bury it then;
1.If he does not bury it immediately after Shabbos, this is negligence, and he is liable.
2.If the depositor is a Chacham, Levi need not bury them immediately. Perhaps the Chacham needs money for the needs of Havdalah;
3.Nowadays, thieves use rods to feel for where (there is a hollow under the ground suggesting that) coins may be buried there, so money should be concealed in the roof rafters;
4.Nowadays, thieves break roofs, so money should be concealed between layers of a wall.
(l)(Rava): Shmuel admits that money may be hidden in a wall.
1.Nowadays, thieves feel for hollows in the wall, so coins should be buried in the Tefach closest to the ground or the ceiling.
(m)Question (Rav Acha brei d'Rav Yosef - Mishnah): If the ceiling caved in and buried Chametz, it is considered Mevu'ar (eradicated);
1.R. Shimon ben Gamliel says, if a dog cannot uncover it, it is Mevu'ar.
2.(Beraisa): A dog can dig up three Tefachim.
3.Summation of question: Are three Tefachim needed to guard money?
(n)Answer (Rav Ashi): Three Tefachim are needed for a dog, that is how far it can smell;
1.To guard money, it suffices that it is hidden. Three Tefachim are not needed.
(o)Question: How much is needed?
(p)Answer (Rafram of Sichra): One Tefach is needed.
(q)A case occurred in which Reuven deposited coins with Shimon, who put them in a shack of willow branches. They were stolen.
(r)(Rav Yosef): This is guarded from thieves, but it is negligence regarding a fire (had a fire erupted, they would have perished);
1.Version #1: When the beginning was negligence and the end was Ones, he is liable.
2.Version #2: When the beginning was negligence and the end was Ones, he is exempt.
(s)The Halachah is, he is liable.
(t)A case occurred in which Reuven deposited coins with Shimon; when he claimed them, Shimon forgot where he put them.
1.Rava: This is negligence. Shimon must pay.
2)LOSS DUE TO LACK OF KNOWLEDGE
(a)A case occurred in which Reuven deposited coins with Shimon, who gave them to his mother to guard. She put them in a chest, and they were stolen.
(b)(Rava): We cannot make Shimon pay. One who deposits expects that the Shomer will entrust the deposit with (adult) members of the Shomer's family.
1.We cannot make his mother pay. She was not told that it was another's money, so she did not know that she should bury it!
2.Suggestion: Shimon is negligent for not telling her it is another's money.
3.Rejection: All the more so, if she thinks it is her son's she will guard it well!
4.Conclusion: Shimon swears that he gave them to his mother, she swears that they were stolen from the chest, and they are exempt.
(c)An overseer of orphans bought an ox for them. He gave it to a cattle herder (Levi). It did not have (Rashi - gums or) teeth. It could not eat, so it died.
(d)(Rami bar Chama): We cannot obligate the overseer. He gave it to Levi!
1.We cannot obligate Levi. He put it with the other cattle and put food in front of it. He did not know it was not eating!
2.Question: Levi was being paid by the orphans. He should have checked!
3.Answer: Indeed, if the orphans stood to lose money, Levi would be liable;
i.The case is, the orphans found the seller and recovered their money from him.
4.Question: If so, who was claiming to be paid?
5.Answer: The seller is upset that they did not tell him (immediately that it has no teeth, and they want to return it).
6.Question: It was his animal. He knew it was a mistaken sale!
7.Answer: The case is, the seller buys and sells animals. He did not know that it had no teeth.
8.Conclusion: The seller swears that he did not know that it had no teeth, and the herdsman pays (the seller) for the meat at a discount (two thirds of the full price, and returns the skin. Rashi - this is a compromise. Tosfos - this is what it was worth, for the seller would have had to slaughter it immediately. It would not have lived until the market day to get the full price.)
(e)Reuven deposited hops with Shimon. Shimon told his servant (Levi) 'take from here (Shimon's hops) and put in my beer.' Levi took Reuven's.
(f)(Rav Amram): We cannot obligate Shimon. He told Levi to take from Shimon's own hops!
1.We cannot obligate Levi. Shimon did not say not to take from the other pile!
2.Question: If Levi delayed long enough so that Shimon could tell that he went to take Reuven's, this shows that Shimon consented!
3.Answer: The case is, he did not delay so long.
4.Question: What was the loss? Shimon's hops were not taken, he will give them to Reuven!
5.Answer #1 (Rav Sama brei d'Rava): The case is, the beer soured.
6.Answer #2 (Rav Ashi): The hops had thorns mixed in, so he did not want them in his beer,
i.The Halachah is, Shimon must pay Reuven the amount that his beer increased in value.