1)

(a)What makes Resh Lakish change the text in our Mishnah from 'Mudar Ma'achal' to 'Mudar Hana'as Ma'achalcha Alai'?

(b)What does Rava ask on Resh Lakish's text? What does he take 'Hana'as Ma'achalcha' to mean?

(c)He therefore amends the text to 'Hana'ah ha'Mevi'ah li'Yedei Ma'achalcha Alai'. Does this also incorporate wheat-kernels to chew and place on his wound?

1)

(a)What makes Resh Lakish change the text in our Mishnah from 'Mudar Ma'achal' to 'Mudar Hana'as Ma'achalcha' is - that according to the current text, seeing as he said explicitly 'Ma'achal', why should he be forbidden to benefit from anything other than food itself?

(b)Rava asks that - according to Resh Lakish's text, the additional word appears to include wheat kernels to chew and place on his wound (external uses of the food itself) rather than vessels with which the food is prepared.

(c)He therefore amends the text to 'Hana'ah ha'Mevi'ah li'Yedei Ma'achalcha Alai'. Some believe that this also incorporates wheat- kernels to chew and place on his wound - but we do not agree with this. We maintain that 'Hana'as Ma'achalcha' incorporates the one, and 'Hana'ah ha'Mevi'ah li'Yedei Ma'achalcha Alai', the other (exclusively).

2)

(a)According to the new text, what does Rav Papa say about borrowing a sack, or even just a basket, from the Madir in order to transport fruit?

(b)Why might we have thought otherwise?

(c)Rav Papa now asks whether the Mudar is permitted to walk through the Madir's land to get to his fruit. What is the She'eilah? Why should this be any different than borrowing a sack to transport fruit?

2)

(a)According to the new text - the Mudar is also forbidden to borrow a sack, or even just a basket, from the Madir in order to transport fruit.

(b)Why might otherwise have thought that 'Hana'ah ha'Mevi'ah li'Yedei Ma'achalcha Alai' - implies specifically vessels in which the food is prepared.

(c)Rav Papa now asks whether the Mudar is permitted to walk through the Madir's land to get to his fruit. This might be different than borrowing a sack to transport fruit - because there, he is doing something that effects the fruit, by bringing the fruit to himself, whereas here, he is only bringing himself to the fruit.

3)

(a)Rav Papa also asks about borrowing a horse from him and a ring to create the impression of being an important man. What food benefit does he get out of that?

(b)How do we try to resolve this She'eilah from our Mishnah, which permits borrowing clothes and rings?

(c)On what grounds do we refute that proof?

3)

(a)Rav Papa also asks about borrowing a horse from him and a ring to create the impression of being an important man - so that he will receive a more substantial portion of food.

(b)We try to resolve this She'eilah from our Mishnah, which permits borrowing clothes and rings, a Chidush that seems totally unnecessary (seeing as these things have no connection with food) - unless the Mudar needs them in order look important (as we just explained).

(c)We refute this proof however - on the grounds that the Tana may have merely mentioned these cases to balance with the Reisha, where he needed to list the things that are forbidden (even though per se, it is unnecessary).

4)

(a)What do Rav Papa's She'eilos have in common?

(b)How do we rule with regard to them?

4)

(a)What Rav Papa's She'eilos have in common is - that they are all cases of Gerama (where the Hana'ah is indirect).

(b)We rule in all the cases l'Chumra (like we always do regarding unresolved She'eilos concerning Nedarim), because of the principle 'Safek Isura l'Chumra'.

5)

(a)In a place where one tends to rent out vessels, the Mudar is not even permitted to borrow vessels that are not used for food. Why is that?

(b)In that case, the Reisha which forbids borrowing vessels that are used for food, speaks even when it is not customary to do so. Why is it then forbidden, seeing as vessels are easily obtainable from any of one's neighbors free of charge?

5)

(a)In a place where one tends to rent out vessels, the Mudar is not even permitted to borrow vessels that are not used for food - because the rent which he would have had to pay and now saves, is Hana'ah that leads to food.

(b)In that case, the Reisha which forbids borrowing vessels that are used for food, speaks even when it is not customary to rent them out. These are forbidden despite the fact that they are easily obtainable from any of his neighbors free of charge - because, as we have already ascertained, the author of the Mishnah is Rebbi Eliezer, who forbids even the most minimal Hana'ah on someone who is Mudar Hana'ah.

6)

(a)Our Mishnah permits the Madir to pay the Mudar's annual half-Shekel as well as his debts. Why is that?

(b)Why does he also permit him to return his lost articles?

(c)He adds that where it is customary to take payment for returning them, the money must go to Hekdesh. Which money are we talking about?

(d)Since when is one permitted to accept payment for performing a Mitzvah?

6)

(a)Our Mishnah permits the Madir to pay the Mudar's annual half-Shekel as well as his debts - seeing as he is only preventing his creditors from claiming from him (known as 'Mavriach Ari'), but not giving him any fresh Hana'ah.

(b)He also permits him to return his lost articles - because he is only returning to him what is his already.

(c)The adds that where it is customary to take payment for returning them, the money must go to Hekdesh. He is referring to the payment that the Madir is entitled to receive, but declines to. This is now a positive benefit, which the Mudar is not permitted to retain. So Chazal obligated him to give it to Hekdesh.

(d)Although one is forbidden to accept payment for performing a Mitzvah - the money that the owner pays in this case, is not for the Mitzvah, but to cover the expenses or the losses incurred by the finder in returning it to him, which is permitted.

7)

(a)We just learned that the Madir is permitted to pay the Mudar's half-Shekel because he is only 'Mavri'ach Ari'. How come that he is not benefiting him with a portion in the daily Korbenos Tzibur (towards which the half-Shekel contributes)?

(b)Rav Hoshaya establishes our Mishnah (which does not consider 'Mavri'ach Ari', Hana'ah) like Chanan. What does Chanan say with regard to someone who sustains his friend's wife whilst he is away?

(c)According to Rava, the author of our Mishnah could even be the Chachamim. Seeing as they consider Mavri'ach Ari, Hana'ah, how will our Mishnah then speak in the case of ...

1. ... 'Shokel Lo es Shiklo'?

2. ... 'Pore'a es Chovo'?

(d)What will then be the Chidush in the latter case? Is it not obvious that if the Mudar is Patur from paying, the Madir may pay on his behalf?

7)

(a)We just learned that the Madir is permitted to pay the Mudar's half-Shekel because he is only 'Mavri'ach Ari'. He is not benefiting him with a portion in the daily Korbenos Tzibur (towards which the half-Shekel contributes) - because we have learned in a Beraisa 'Tormin al ... v'Al he'Asid Ligavos' (meaning that he receives a portion in the Korbenos Tzibur anyway [whether he has already paid his half-Shekel or not], and the money becomes a debt).

(b)Rav Hoshaya establishes our Mishnah (which does not consider 'Mavri'ach Ari', Hana'ah) like Chanan - who says that someone who sustains his friend's wife whilst he is away, cannot subsequently claim reimbursement from her husband upon his return (because it is only 'Mavri'ach Ari').

(c)According to Rava, the author of our Mishnah could even be the Chachamim. Seeing as they consider Mavri'ach Ari, Hana'ah, our Mishnah must be speaking in the case of ...

1. ... 'Shokel Lo es Shiklo' - when the Mudar had already sent his half-Shekel, but it got stolen or lost after the Terumas ha'Lishkah had already taken place, in which case he is Patur from replacing it.

2. ... 'Pore'a es Chovo' - when the debtor borrowed the money on the express condition that he does not need to pay if he does not want to.

(d)The Chidush in the latter case will then be - that even though it was customary to make a point of paying under such circumstances, the Madir is permitted to pay on the Mudar's behalf, seeing as the creditors cannot force him to pay.

33b----------------------------------------33b

8)

(a)In the previous Machlokes, Rava disagrees with Rav Hoshaya, because he prefers to establish our Mishnah unanimously than to confine it to the opinion of Chanan. But why did Rav Hoshaya decline to learn like Rava? What objection does Rav Hoshaya raise against Rava (who maintains that the Rabanan concede to Chanan that as long as the Mudar is absolved from having to repay his loan, the Madir may pay the Mudar's loans)?

(b)How does the Sugya in Kesuvos explain why Rav Hoshaya disagrees with Rava?

8)

(a)In the previous Machlokes, Rava disagrees with Rav Hoshaya, because he prefers to establish our Mishnah unanimously than to confine it to the opinion of Chanan. And Rav Hoshaya declines to learn like Rava (who maintains that the Rabanan concede to Chanan that as long as the debtor is absolved from repaying his loan, the Madir may pay the Mudar's loans) - because, he maintains, seeing as the Rabanan forbid Hana'ah in a case where he is obligated to pay, they would not have permitted it when he is not (but would have decreed the latter case on account of the former).

(b)According to the Sugya in Kesuvos, Rav Hoshaya disagrees with Rava - because, granted the Mishnah speaks when the Mudar is exempt from repaying his loan, but seeing as he is morally obligated to pay, that moral obligation is certainly worth a Perutah.

9)

(a)We just cited Chanan, who rules that if a man sustains his friend's wife in his friend's absence, he cannot reclaim his money upon his latter's return. How does the Rashba qualify Chanan's ruling?

(b)We might have agreed with him had the man explicitly stated that he is lending the woman the money, but not when he does so Stam. Why is that?

(c)We rule like Chanan, as we learned in Kesuvos, and the Madir is permitted to pay the Mudar's debt, even if the creditor is pushing for the money, and we do not restrict his Din to where the debtor (such as the husband in Kesuvos) can counter the claimant by saying that he could have appeased the creditor (his wife) and got her to forego the claim (the Mezonos). From where do we know this?

(d)According to Chanan, the man who pays his friend's debt will lose his money even if the creditor has a security (a Mashkon). Do the Rabanan argue with him there too, or do they concede to him that he loses his money, because the debtor can counter that he would have persuaded the creditor to return the Mashkon)?

9)

(a)We just cited Chanan, who rules that if a man sustains his friend's wife in his friend's absence, he cannot reclaim his money upon the latter's return. The Rashba qualifies Chanan's ruling - restricting it to when he stipulates that he is sustaining her specifically in the form of Mezonos, but that if he sustains her Stam, it is a regular loan, which he may later reclaim from his wife, and she, from her husband.

(b)We might have agreed with him had the man explicitly stated that he is lending the woman the money, but not when he does so Stam - because granted that he meant the money to be a loan, he nevertheless intended to reclaim it from the husband, and Chanan's principle 'Ibad Ma'osav' ('Hini'ach Ma'osav al Keren ha'Tzvi') prevails (since it is no more than 'Mavri'ach Ari').

(c)We rule like Chanan, as we learned in Kesuvos, and the Madir is permitted to pay the Mudar's debt, even if the creditor is pushing for the money, and we do not restrict his Din to where the debtor (such as the husband in Kesuvos) can counter the claimant by saying that he could have appeased the creditor (his wife) and got her to forego the claim (the Mezonos). We know this - from the case of 'Shokel Lo es Shiklo' (which is permitted even though there is not the least possibility that he will be able to appease the Gizbarim of Hekdesh.

(d)According to Chanan, the man who pays his friend's debt will lose his money even if the creditor has a security (a Mashkon). Whether the Rabanan argue with him there too, or whether they concede to him that the creditor loses his money (because the debtor can counter that he would have persuaded the creditor to return the Mashkon) - is a Machlokes Between the Yerushalmi (which holds that they do) and the Bavli (which holds that they don't).

10)

(a)According to Rav Yosef, someone who returns a lost article is a Shomer Sachar, because he gains 'Perutah d'Rav Yosef. What is 'Perutah d'Rav Yosef'?

(b)Rav Ami and Rav Asi (or Rebbi Ami and Rebbi Asi) argue as to whether the Mudar is forbidden to return the lost article of the Madir because he gains 'Perutah d'Rav Yosef' or not. On what grounds does one of them permit it? Does he not hold like Rav Yosef?

10)

(a)According to Rav Yosef, someone who returns a lost article is a Shomer Sachar, because he gains 'Perutah d'Rav Yosef' - the Perutah that he would have had to pay a poor man who appeared at the door asking for alms, but from which he is now exempt, due to the fact that he is busy with the Mitzvah of returning a lost article ('ha'Osek ba'Mitzvah, Patur min ha'Mitzvah').

(b)Rav Ami and Rav Asi (or Rebbi Ami and Rebbi Asi) argue as to whether the Mudar is forbidden to return the lost article of the Madir, because he gains 'Perutah d'Rav Yosef', or whether it is permitted - not because he disagrees with Rav Yosef in principle, but because due to the unlikely event of it occurring, it is not considered Hana'ah in this regard.

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