4 mishnayot: Paying back an original owner should not take place in a deserted area. And: does one have to pay when one can claim ignorance of a need to pay back (certainty vs. unsure bring relevant). And: Stealing a lamb from a flock and returning it before anything happens to it - what happens if the owners knew? What happens if they didn't know? Rav, Shmuel, R. Yochanan, and R. Hisda has answers. And: The assumption that a wife isn't lying to her husband when selling animals in the...
Published 02/28/24
Published 02/28/24
Case reports and the rabbis' rulings: what happens when one Jew turns in another Jew to the authorities (specifically, objects). [Who's Who: Rav Kahana] A story: one who wants to show another's straw to the authorities, against better advice, and pays for that intent with his life. Which leads to a discussion of why the harsh response, including a window into the ways of the rabbinic academy. Plus, the drama between R. Yochanan and R. Kahana. Also, more cases of informants and thieves and the...
Published 02/27/24
The daf discussed what are the obligations when traveling with a caravan. Bonus: the daf instructs us on what to do if your caravan is being trailed by a lion.
Published 02/26/24
The decree of the marketplace - takanat ha-shuk. Where something stolen in the marketplace leads to ye'ush (despair) and new ownership, and difficulty in requiring payback by the new owner to the original owner. Also, a new mishnah - when one has a barrel of wine and another has a barrel of honey, and the wine owner pours out the wine to offer the barrel to the slavage the honey. That wine owner can't claim the honey owner owes him for the wine, unless there was a stipulation and agreement in...
Published 02/25/24
A case of a Jew who is excommunicated because he's caused harm to another Jew, but via a non-Jew: selling a field that borders the property of Jew to a non-Jew. Plus, bees! And what happens when an aviary is on the border of one's property. Also, the Gemara's read of the mishnah's case of the bees. And to what extent casual conversation may count as testimony. And a second mishnah: When you see your stuff in someone else's possession. To what extent is robbery an issue in the place? That will...
Published 02/24/24
The daf describes when and how people are excommunicated if they do not listen to the beit din. A new mishnah discussed using funds we assume are stolen. The daf discusses if one may steal from a non-Jew.
Published 02/23/24
When a thief steals food and feeds it to his children... they don't have to pay back. If he leaves it to the children, and they haven't eaten it yet, the question of how much they have to pay, or return, is subject to a dispute. Also, the case with an urgency to be resolved, which provides exceptions for who pays what back to whom, with apparent compassion for the one(s) who has to pay back.
Published 02/22/24
More on the priestly watch families - Yehoyariv and Yedaya - and why each gains or loses, in the event of a robber who swore falsely giving the guilt-offering via one family and the monetary payback via the other. Also, a new mishnah to start the final chapter, chapter 10: When one steals an object, and that object ends up with a third party - that third party doesn't owe the original owner. Plus, the relevance of ye'ush, despair, with regard to lost (or stolen) objects.
Published 02/21/24
A new mishnah which discusses the case on a previous daf of a robbed convert and the asham, principal, and chomesh that mist be brought. The Gemara lists the 24 gifts that are given to the Kohanim.
Published 02/20/24
A new mishnah reviews cases where the principal and chomesh are paid. The daf later discusses the unique case of a thief who steals from a convert with no heirs.
Published 02/19/24
More cases of false oaths, paying double, paying a fifth... yet not paying both double and a fifth (only one kind of fine per instance). Also, a case of an unpaid guardian, where the object he's guarding is stolen, and he can take an oath that he wasn't negligent or he can go to court, toe to toe with the thief.
Published 02/18/24
One who falsely claims that a thief stole collateral - the obligation to pay fines for that false claim only once the false claim is proven. Which leads into a discussion of "agreeing to part" of a claim. The discussion is based on the biblical words, "ki hu zeh," which the Gemara explains needs rephrasing. Which is a dramatic statement for us to learn. Also, a review/introduction of the 4 shomerim (guardians, custodians).
Published 02/17/24
Rav Huna teaches a statement of Rav about payment after one takes an oath and which cases this Rav’s statement applies. Rabbi Yochanon explains the verses in Exodus 22:6-8 and the importance of having certain verses next to each other.
Published 02/16/24
The daf contains an assorted collection of Rava’s teachings. Ben Azzai discusses the case of a witness who could have helped a litigant but swears falsely that he has no information to help him.
Published 02/15/24
What it means when one appoints an agent to receive payment via a repentant thief, for example. Especially if there are witnesses to the appointment. Of course, it's a machloket. Also, delving into the fifth extra that the robber pays his victim. Why does he owe extra? And to whom does he owe extra? Plus, fathers and sons who owe and swear, perhaps falsely.
Published 02/14/24
A story used to assess halakhic stance: flax that is purchased, but not acquired, and then appreciates in value, and the shopkeeper sold it, with the intent to give the money to the original owner (Rav Kahana, in this case). What are the implications for ownership, interest, and the rights to the flax? Plus, how this can come to smack of robbery... Also, a new mishnah, where a thief swears falsely about what he's taken, and therefore has to pay a fifth above the principle he must pay back...
Published 02/13/24
A discussion between two Amoriam (Rav Yosef and Rav Huna) reveals that the order of how mishnayot were studied is different than how they were written down. Can a father consecrate his family’s possession? Can tefillin consecrated?
Published 02/12/24
Moving on from dying wool to carpentry: a chair vs. a bench. Also, what is the status of dye once it has been applied to wool - when it's coloring the wool. With cases from shemitah, the jubilee year, orlah, and more. Plus, the limitations on a dead body rendering a home impure - including whether the person bled in the home before he died.
Published 02/11/24
The daf continues its discussion about moneychangers and coins. Finally the daf has the mishnah that has been quoted many times about wool that was dyed the wrong color and other errors made by an expert craftsman.
Published 02/10/24
The Gemara continues to discuss if a craftsman acquires a kli he makes an improvement on and relate this to a disagreement between R. Meir and the Rabbis. The daf also explores the category of shochet as a expert. What knowledge did Shmuel expect from his student?
Published 02/09/24
If one throws another's coin into the Mediterranean Sea, when is that exempt from paying back and when must you? Also, what if one burns a promissory note? Doesn't that cancel the debt, because there's no proof of the loan. Also, the indirect causation of damages - when is one liable for it, and when not (dina de-garmi). Also, the case of bread (chametz) that is stolen and returned after Pesach, so the item no longer has value - what is the thief obligated to pay, if at all? Plus, how this...
Published 02/08/24
Comparing slaves to land and to movable objects - unpleasant comparisons, but useful in trying to understand whether one can steal another's slave. Plus, what happens if one squats in a courtyard of a friend from whom he has borrowed money? It smacks of ribit/interest. Also, more cases about changing money with regime change. Will paying back a loan be based on the coinage or the value of it at the time of the loan? Plus, you can't desacralize ma'aser sheni money
Published 02/07/24
When a thief improves what he's stolen and sells it or leaves the object to his heirs... the buyer acquires the right to that improvement. But what about if the thief is an idolator? Plus, what counts as an improvement? (With a palm tree as a case study) Also, a new mishnah, where the change to the animal is that it ages... or is reduced in value because of external reasons. Plus, the Gemara's discussion of aging leading to an increase in value.
Published 02/06/24
The daf explores Rebbe Meir’s approach to the question of whether change to an object effects acquisition. A question to consider: does the robber gain from among an enhancement?
Published 02/05/24