1)

(a)The Beraisa corroborates Rav Yehudah Amar Rav's three days time limit up to which a donkey or a cow grazing by the wayside are not considered an Aveidah. What does the Tana say about a cloak or a spade that one finds ...

1. ... on a main highway or a cow running among the vines?

2. ... beside a wall or a cow grazing among the vines (or grazing grass)?

(b)What does Rava learn from the Pasuk "le'Chol Aveidas Achicha"?

(c)If Reuven sees a torrent of water flowing in the direction of Shimon's field, the Beraisa obligates him to put up a wall (or close the gate) in order to protect it. What did Rava reply, when Rav Chananyah tried to support his (Rava's) ruling from there?

(d)If Hashavas Aveidah did not apply to Karka, why would the Tana need to teach us that one is obligated to protect loose sheaves lying in a field? Why might we have thought otherwise?

1)

(a)The Beraisa corroborates Rav Yehudah Amar Rav's three days time limit up to which a donkey or a cow grazing by the wayside are not considered an Aveidah. The Tana rules that if one finds a cloak or a spade ...

1. ... on a main highway or a cow running among the vines he is obligated to return it.

2. ... beside a wall or a cow grazing among the vines (or grazing grass) he should leave it there (see Tosfos).

(b)Rava learns from the Pasuk "le'Chol Aveidas Achicha" that the Din of Hashavas Aveidah extends to Karka (in the form of saving it from getting spoilt).

(c)If Reuven sees a torrent of water flowing in the direction of Shimon's field, the Beraisa obligates him to put up a wall (or close the gate) in order to protect it. When Rav Chananyah tried to support Rava's ruling from here Rava replied that the Beraisa might well be referring to loose sheaves in the field that need to be protected.

(d)If Hashavas Aveidah did not apply to Karka, the Tana nevertheless needs to teach us that one is obligated to protect loose sheaves lying in a field in a case where the sheaves still need the earth, which we might therefore have thought are considered Karka.

2)

(a)What can we extrapolate from our Mishnah, which ...

1. ... exempts a Yisrael from returning an animal that he finds grazing by the wayside?

2. ... obligates the return of a donkey with its saddle and accessories lopsided and a cow running in the vineyard?

(b)What does ...

1. ... Abaye mean when, in an attempt to resolve this contradiction, he quotes the Pasuk in Iyov "Yagid Alav Rei'o"?

2. ... Rava mean when he refutes Abaye's explanation, because then 'Lisni Kilsa, ve'Kol sh'Ken Chamirta'?

(c)Rava therefore resolves the contradiction quite differently. When, according to him, is one obligated to return a cow that is ...

1. ... running in the street, and when is one not?

2. ... grazing in the vineyard and when is one Patur?

(d)In the latter case, why is the finder not obligated to return the cow anyway ...

1. ... because of 'Aveidas Karka'?

2. ... to save the animal, which the Nochri owner of the vineyard will kill if he finds it grazing there?

2)

(a)From our Mishnah, which ...

1. ... exempts a Yisrael from returning an animal that one finds grazing by the wayside, we can extrapolate that if it was grazing in a vineyard or running in the street, one would be obligated to return it.

2. ... obligates the return of a donkey with its saddle and accessories lopsided and a cow running in the vineyard, we can extrapolate that if it was running in the street or grazing in a vineyard, one would be exempt from returning it.

(b)When ...

1. ... in an attempt to resolve this contradiction, Abaye quotes the Pasuk in Iyov "Yagid Alav Rei'o" he means that just as grazing in the street is not considered an Aveidah, neither is grazing in the vineyard; and that just as running in the vineyard is considered an Aveidah, so too, is running in the street.

2. ... Rava refutes Abaye's explanation, because then 'Lisni Kilsa, ve'Kol she'Ken Chamirta', he means that, in that case, the Tana ought rather to have presented the bigger Chidush (that running even in the street is an Aveidah [and 'Kal va'Chomer', in the vineyard]; and that grazing even in the vineyard is not considered an Aveidah [and 'Kal va'Chomer', in the street]).

(c)Rava therefore resolves the contradiction quite differently. According to him, one is obligated to return a cow that is ...

1. ... running in the street, when it is running towards the town's exit, but not when it is running towards the town-center.

2. ... grazing in the vineyard when it is destroying the vines, but not in order to save the animal itself from becoming wounded (since the vines will cause it no harm as long as it is not running).

(d)In the latter case, the finder is not obligated to return the cow anyway ...

1. ... because of 'Aveidas Karka' since the Tana is speaking about a case where the owner of the vineyard is a Nochri.

2. ... to save the animal, which the owner of the vineyard will kill if he finds it grazing there because we are speaking in a place where it is customary to issue a warning to owners of trespassing animals before killing the animals (and if the owner has already received such a warning, then it is an Aveidah mi'Da'as).

3)

(a)A Torah-scholar asked Rava why our Mishnah obligates the finder to return a lost animal even four or five times, when the Torah writes "Hashev Teshivem", implying twice and no more. What did Rava reply? What does "Teshivem" then come to teach us?

(b)The Pasuk must be speaking about a Chatzer is guarded (otherwise it would make no sense to permit the finder to place it there); and it is coming to teach us the Chidush of Rebbi Elazar. What does Rebbi Elazar say with regard to an Aveidah?

(c)What does he mean by 'anyone'?

(d)What does Rava subsequently learn from the double expression of ...

1. ... "Shale'ach Teshalach es ha'Eim ... " (Kedoshim)?

2. ... "Ho'che'ach Tochi'ach es Amisecha" (ibid.)?

3. ... "Hakem Takim" and "Azov Ta'azov" (Mishpatim and Ki Seitzei respectively)?

3)

(a)A Torah-scholar asked Rava why our Mishnah obligates the finder to return a lost animal even four or five times, when the Torah writes "Hashev Teshivem", implying twice and no more, to which Rava replied that "Hashev" implies even a hundred times, and "Teshivem" comes to teach us that the finder is permitted to return the Aveidah to the owner's yard or garden (and not necessarily to his house).

(b)The Pasuk must be speaking about a Chatzer is guarded (otherwise it would make no sense to permit the finder to place it there); and it is coming to teach us the Chidush of Rebbi Elazar, who says that anyone (who returns an animal to its rightful owner) requires the knowledge of the owner, with the sole exception of someone who returns a lost article.

(c)By 'anyone', Rebbi Elazar means a Ganav, a Gazlan or one of the four Shomrim (who are held liable if they fail to inform the owner, since, unaware that the animal has been returned, he will unable to give it the attention that an animal that has been lost requires).

(d)Rava subsequently learns from the double expression of ...

1. ... "Shale'ach Teshalach es ha'Eim ... " that one may not take the mother bird together with the babies, even if one needs it for the Mitzvah of Taharas Metzora.

2. ... "Ho'che'ach Tochi'ach es Amisecha" that even a Talmid is obligated to rebuke his master if necessary.

3. ... "Hakem Takim" and "Azov Ta'azov" that the obligation of loading or unloading an animal belonging to a Yisrael applies, even if the owner is not present.

4)

(a)Now that the Torah has taught us ...

1. ... Perikah (the obligation to unload an animal), why does the Torah need to teach us Te'inah (that of loading it) as well? Why can we not learn the latter from the former?

2. ... Te'inah, why does the Torah then need to teach us Perikah as well?

(b)In which point does Rebbi Shimon disagree with the Rabbanan?

(c)According to him, why does the Torah then need to add Te'inah? Why can we not learn it from a 'Kal va'Chomer' from Perikah?

(d)Having taught us the Din of ...

1. ... Perikah and Te'inah, why does the Torah find it necessary to teach us also that of Hashavas Aveidah? Why can we not learn the latter from the former?

2. ... Hashavas Aveidah, why does the Torah find it necessary to teach us also that of P'rikah and Te'inah?

4)

(a)In spite of having taught us ...

1. ... Perikah (the obligation to unload an animal), the Torah needs to teach us Te'inah (that of loading it) because, unlike Perikah, Te'inah involves neither Tza'ar Ba'alei Chayim (alleviating the animal's suffering, nor an intrinsic loss).

2. ... Te'inah, the Torah nevertheless needs to add Perikah to teach that, although Te'inah must be performed free of charge, one is permitted to charge for Te'inah.

(b)Rebbi Shimon disagrees with the Rabbanan inasmuch as, in his opinion, Te'inah, like Perikah, must be performed free of charge.

(c)According to him, the Torah needs to add Te'inah because otherwise, due to the fact that both "Hakem Takim" and "Azov Ta'azov" imply both Perikah and Te'inah, we would have interpreted whichever Pasuk the Torah would have written with regard to Perikah (and we would not have known Te'inah).

(d)And in spite of having taught us the Din of ...

1. ... Perikah and Te'inah, the Torah finds it necessary to teach us also that of Hashavas Aveidah since neither the owner nor the lost article suffer (unlike the former two, where both of the are).

2. ... Hashavas Aveidah, the Torah nevertheless finds it necessary to teach us add that of Perikah and Te'inah since (unlike by Aveidah), the owner is generally present (and we might have thought that if the owner really wants his article back, let him hire men to help him).

31b----------------------------------------31b

5)

(a)What do we learn from the double expression ...

1. ... "Mos Yumas" (in Mas'ei - in connection with a murderer) and "Hekeh Sakeh" (in Re'ei, in connection with an Ir ha'Nidachas)?

2. ... Hashev Tasiv" (in Ki-Seitzei) and "Chavol Sachbol" (in Mishpatim, both in connection with taking a security for a loan)?

(b)How do we know that the Pasuk is speaking primarily about a security that is claimed by the Sheli'ach Beis-Din?

(c)And why do we need two Pesukim to teach us the same Din?

5)

(a)We learn from the double expression ...

1. ... "Mos Yumas" (in Mas'ei in connection with a murderer) and "Hekeh Sakeh" (in Re'ei, in connection with an Ir ha'Nidachas) that if the Sanhedrin is unable to kill the murderer in the prescribed manner (by the sword) then they must kill him in whichever way possible.

2. ... Hashev Tashiv" (in Ki-Seitzei) and "Chavol Sachbol" (in Mishpatim, both in connection with taking a security for a loan) that the Mitzvah of returning a security regularly applies even to one which the creditor took without Beis-Din's permission.

(b)We know that the Pasuk is speaking primarily about a security that is claimed by the Sheli'ach Beis-Din because the Torah warns the person demanding it not to enter the debtor's house without his consent, something which a creditor would not have the Chutzpah to do.

(c)We need two Pesukim one for returning a day garment (each morning), and one for a night garment (each evening).

6)

(a)And what do we learn from the double expression ...

1. ... "Paso'ach Tiftach es Yadcha" (in Re'ei, in connection with Tzedakah)?

2. ... "Nason Titen lo" (ibid.)?

3. ... "Ha'anek Ta'anik lo" (in Re'ei, in connection with an Eved Ivri who goes free), according to the Rabbanan?

(b)In which point does Rebbi Elazar ben Azaryah disagree with the Rabbanan?

(c)According to him, why does the Torah then use the double expression "Ha'anek Ta'anik"?

6)

(a)From the double expression ...

1. ... "Paso'ach Tiftach es Yadcha" we learn that the Mitzvah of Tzedakah is not confined to the poor of one's own town, but extends even to those from other towns.

2. ... "Nason Titen lo" that it is not confined to providing him with all his needs (and that someone who is unable to do so should give whatever he can).

3. ... "Ha'anek Ta'anik lo" that the master of an Eved Ivri must provide him with 'Ha'anakah' when he goes free, even if his house was not blessed on account of him (despite the Pasuk "Asher Yevarech'cha Hash-m Elokecha").

(b)Rebbi Elazar ben Azaryah disagrees with the Rabbanan. In his opinion if the house was not blessed on account of the Eved Ivri, the master is not obligated to give him Ha'anakah when he leaves.

(c)According to him, the Torah uses the double expression "Ha'anek Ta'anik" on account of the principle 'Dibrah Torah ki'Leshon B'nei Adam' (that the Torah sometimes speaks in the vernacular).

7)

(a)What does the Pasuk in Re'ei "Ha'avet Ta'avitenu" mean?

(b)"Ha'avet", we explain, comes to teach us the obligation to lend someone who 'Ein lo ve'Eino Rotzeh Le'hisparnes', and "Ha'avitenu", 'Yesh lo ve'Eino Rotzeh Le'hisparnes'. What is the meaning of ...

1. ... 'Ein lo ve'Eino Rotzeh Le'hisparnes'?

2. ... 'Yesh lo ve'Eino Rotzeh Le'hisparnes'?

(c)According to Rebbi Shimon, who holds that there is no obligation to lend someone who has money and doesn't want to spend it, why does the Torah write "Ta'avitenu"?

(d)Our Mishnah obligates the owner to reimburse the finder's work-losses like a Po'el Bateil. How does Abaye define a Po'el Bateil, seeing as he is not really idle?

7)

(a)The Pasuk in Re'ei "Ha'avet Ta'avitenu" means that it is a Mitzvah to lend a Yisrael money.

(b)"Ha'avet", we explain, comes to teach us the obligation to lend someone who 'Ein lo ve'Eino Rotzeh Le'hisparnes', and "Ha'avitenu", 'Yesh lo ve'Eino Rotzeh Le'hisparnes'.

1. 'Ein lo ve'Eino Rotzeh Le'hisparnes' means that he doesn't possess money of his own, and doesn't want to be sustained from Tzedakah.

2. 'Yesh lo ve'Eino Rotzeh Le'hisparnes' means that he has money but he doesn't want to use it.

(c)According to Rebbi Shimon, who holds that there is no obligation to lend someone who has money and doesn't want to spend it, the Torah writes "Ta'avitenu" on account of the principle 'Dibrah Torah ki'Leshon B'nei Adam'.

(d)Our Mishnah obligates the owner to reimburse the finder's work-losses like a Po'el Bateil, which, seeing as he is not really Bateil, Abaye defines as being idle from his regular work.

8)

(a)What did Rav Safra, who entered into a limited business partnership with Isar, do?

(b)Which two options (besides bringing all three men in front of whom he had divided the goods to Beis-Din), did Rabah bar Rav Huna give him to prove that his division had been made honestly?

(c)What did the latter reply when Rav Safra asked him for the source (that requires the division to take place in front of a Beis-Din)?

(d)On what grounds did Rav Safra query Rabah bar Rav Huna's source?

8)

(a)Rav Safra, who entered into a limited business partnership with Isar divided the goods without a Beis-Din.

(b)To prove that his division had been made honestly, Rabah bar Rav Huna gave him the two options (besides that of bringing all three men in front of whom he had divided it to Beis-Din) of bringing either two of those three men or two other witnesses who had seen him dividing the goods in the presence of the three men.

(c)When Rav Safra asked the latter for his source (that requires the division to take place in front of a Beis-Din) he quoted our Mishnah 'Im Yesh Sham Beis-Din, Yasneh bi'Feneihem ... '.

(d)Rav Safra queried Rabah bar Rav Huna's source however on the grounds that whereas our Mishnah is speaking about one person extracting money from another (which is why a Beis-Din is required, he maintained), he had merely taken what was undisputedly his own.

9)

(a)What did Rav Safra try to prove from the Mishnah in Kesuvos "Almanah Mocheres she'Lo bi'Fenei Beis-Din'?

(b)But Abaye refuted his proof however, on the basis of a statement by Rav Yosef bar Minyumi Amar Rav Nachman. How did Rav Yosef bar Minyumi interpret the Mishnah in Kesuvos?

9)

(a)Rav Safra then tried to prove from the Mishnah 'Almanah Mocheres she'Lo bi'Fenei Beis-Din' that someone who takes what is undisputedly his does not require a Beis-Din.

(b)But Abaye refuted Rav Safra's proof on the basis of a statement by Rav Yosef bar Minyumi Amar Rav Nachman, who explained the Lashon of she'Lo bi'Fenei Beis-Din' to mean that she does not require a Beis-Din of experts. She does however, require a Beis-Din of ordinary people (corroborating Rabah Rav Huna's ruling).

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