THE BUYER IS FINED
Rav Anan was unable to settle his doubt because he had not heard the Beraisa.
One cannot settle it from what Shmuel himself said that it is not sold. Perhaps he meant that it is not sold, and the money is like a gift, like one who was Mekadesh his sister:
(Rav): If one was Mekadesh his sister, she must return the money;
(Shmuel): He gave it for a gift. She keeps it.
Question (Abaye): Why is the buyer fined? (Shmuel says, he does not get his money back, and the slave goes free.) The seller should be fined!
Answer (Rav Yosef): If not for the hole (a place to put the stolen goods), the mouse could not steal!
Question: (Abaye): If not for the mouse, the hole would not do anything!
Answer (Rav Yosef): It is more reasonable to fine the buyer, since the Isur (the slave) is by him.
A SLAVE WHO FLED TO ERETZ YISRAEL
A slave fled from Chutz La'aretz to Eretz Yisrael. His master pursued and caught him.
R. Ami (to the master): You must free him. We will make him write a document saying that he owes you his value. If you do not agree, I will free him based on R. Achi b'Rebbi Yoshiyah's teaching!
(Beraisa) Suggestion: "They (the seven Kena'ani nations) will not dwell in your land" - perhaps this is even one who accepted not to serve idolatry!
Rejection: "Do not return a slave to his master, who flees to you from his master." Rather, "he will dwell among you."
Question (R. Yoshiyah): Why does it say "his master"? It should say 'his gods'!
(R. Yoshiyah): Rather, the verse discusses one who sells his slave to Chutz La'aretz.
Question (R. Achi b'Rebbi Yoshiyah): Why does it say "who flees to you" - it should say, 'who flees from you'!
Question (R. Achi b'Rebbi Yoshiyah): Rather, the verse discusses a slave who flees from Chutz La'aretz to Eretz Yisrael.
(Beraisa - Rebbi): "Do not return a slave to his master" discusses one who bought a slave in order to free him.
Question: What is the case?
Answer (Rav Nachman bar Yitzchak): He gave a document to the slave saying 'when I buy you, you are retroactively free from now.'
Rav Chisda's slave fled to Bei Kusoy (also in Bavel). He asked them to send the slave back. They replied "do not return a slave to his master (who flees to you from his master)."
Rav Chisda: The verse discusses a slave who flees from Chutz La'aretz to Eretz Yisrael, like R. Achi b'Rebbi Yoshiyah taught.
Question: Why didn't he explain the verse like Rebbi?
Answer: They were more likely to accept R. Achi's explanation, since it was closer to their understanding.
Abaye lost a donkey in Bei Kusoy. He asked them to return it; they asked him for a sign that it is his.
Abaye: Its stomach is white.
The finders: If we didn't know you (that you would never lie), we would not return it. All donkeys have white stomachs!
(Mishnah): We do not redeem captives for more than their value. This is a decree for Tikun ha'Olam.
We do not help captives escape, for Tikun ha'Olam (lest captors be harsher with captives);
R. Shimon ben Gamliel says, this is to help captives.
(Gemara) Question: How does this fix things? Is it to avoid depletion of the community's money, or so that captors will not be encouraged to capture even more?
Answer: Levi bar Darga redeemed his daughter for 13,000 gold coins. (This shows that the concern is not lest captors capture more, rather, for the money of the community.)
Rejection (Abaye): Perhaps Chachamim disapproved of his action!
(Mishnah): We do not help captives escape, for Tikun ha'Olam. R. Shimon ben Gamliel says, this is to help captives.
Question: What difference does it make which is the reason?
Answer: This affects the law when now there is only one captive. (Chachamim forbid helping him to escape, and R. Shimon ben Gamliel permits.)
Rav Nachman's daughters used to stir (boiling) pots with their hands. This puzzled Rav Ilish. It says "I did not find one man in 1000 (so righteous to merit such miracles), and not a single woman", but Rav Nachman's daughters are so righteous!
Rav Ilish and Rav Nachman's daughters were taken captive. Rav Ilish found a man who understood the language of birds. A raven was chirping at Rav Ilish. The man said that it was telling Ilish to flee.
Rav Ilish: One cannot rely on ravens. They lie.
A dove chirped at Rav Ilish. The man said that it was telling Ilish to flee.
Rav Ilish: The congregation of Yisrael is compared to a dove. Surely, a miracle will be done for me! I will check Rav Nachman's daughters. If they are still so righteous, I will take them with me.
He went to the privy, for there women relate their matters. He overheard them planning to ask the captors to take them further away, so they could live with them, and their real husbands will not come to redeem them.
Rav Ilish fled with the man who knew bird language. Rav Ilish escaped; the man was caught and killed. He concluded that Rav Nachman's daughters stirred pots with their hands through witchcraft.
REDEEMING KISVEI HA'KODESH FROM NOCHRIM
(Mishnah): We do not buy Sefarim, Tefilin or Mezuzos from Nochrim for more than their value, for Tikun ha'Olam.
(Gemara - Rav Budya): 'We do not buy them for more than their value' implies that we may buy them for their value!
This teaches that we may read from a Sefer Torah found by a Nochri!
Rejection: Perhaps we may not read from it. The Mishnah discusses one who buys them to bury them (lest they be desecrated).
(Rav Nachman): A Sefer Torah written by a Min (a zealous idolater) must be burned. If a (regular) Nochri wrote it, it is buried;
A Sefer Torah found with (i.e. belongs to) a Min is buried;
Version #1: If it is found with a Nochri, it is buried.
Version #2: We may read from it.
(Beraisa #1): If a Sefer Torah was written by a Nochri, we burn it.
(Beraisa #2): We bury it.
(Beraisa #3): We may read from it.
Beraisa #1 is like R. Eliezer, who assumes that all actions of a Nochri are for the sake of idolatry;
Beraisa #2 is like the following Tana.
(Rav Hamnuna - Beraisa): A Sefer Torah, Tefilin, or Mezuzah written by an informer, Nochri, slave, woman, minor, Kusi, or Yisrael Mumar is Pasul.
"You will bind... and you will write" - only one who is commanded to wear Tefilin is qualified to write them.
Beraisa #3 is like the following Tana.
(Beraisa): We may buy Sefarim from Nochrim anywhere, as long as they are written properly.
There was a Nochri in Tzidan who used to write Sefarim. R. Shimon ben Gamliel permitted buying from him.
Question: Is it possible that R. Shimon requires tanning the hide l'Shem (for the sake of) Sefarim, but the writing does not require intent?!
(Beraisa): If Tefilin (boxes) were covered with gold, or were made from the hide of a Tamei animal, they are Pasul. If they were from the hide of a Tahor animal, they are valid, even if the hide was not tanned l'Shem Tefilin;
R. Shimon ben Gamliel says, even the hide of a Tahor animal is Pasul unless it was tanned Lishmah.
Answer (Rabah bar Shmuel): R. Shimon permitted buying (not from a real Nochri, rather,) from a convert who reverted to being a Nochri.
Question: All the more so, what he writes is Pasul. He is considered a Min!
Answer (Rav Ashi): He reverted because he feared for his life.
(Beraisa): One may pay one Trape'ik more than their value.
Question: How much is a Trape'ik?
Answer (Rav Sheshes): It is one Istira (half a Dinar).
An Arab woman showed a sack of Tefilin to Abaye. He asked if she would sell each pair for a date. She was enraged, and threw them in the river.
Abaye: I should not have disgraced them so much in front of her.
DIVORCEES WHO MAY NOT REMARRY
(Mishnah): If Reuven divorced his wife due to her ill repute, or because of a vow, he may never remarry her;
R. Yehudah says, if many knew about the vow, he may not remarry her. If not, he may;
R. Meir says, if the vow required a Chacham (to permit it), he may not remarry her. If it did not require a Chacham, he may remarry her;
R. Elazar says, we were stringent about a vow that requires a Chacham only due to a vow that does not require a Chacham!
R. Yosi b'Rebbi Yehudah says, a case occurred in Tzidon in which Reuven vowed to divorce his wife, and divorced her. Chachamim permitted him to remarry her for Tikun ha'Olam.