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1) HOW WE EXPOUND THE WORD "ALL"

(a) Question: Do we always expound 'all' as an inclusion?!

1. It says 'all' by Ma'aser, but we expound as a generality, specific, generality!

i. (Beraisa): "You will spend the money on whatever your soul desires" - generality; "on cattle, flock, wine and strong drink" - specific; "and on all that your soul requests" - generality;
ii. From a generality, specific, generality we learn everything that is like the specific - whatever reproduces and grows from the ground.

(b) Answer #1: "On all" is a generality; 'all' is an inclusion.
(c) Answer #2: Normally, 'all' is a generality; here, it is an inclusion.

1. There already was a generality, specific, generality - "When a man will give to his fellow man" - generality; "money or vessels" - specific; "to guard" - generality;
2. If the verse "For any transgression" is also to be expound as a generality, specific, generality - the specifics should have been written by the other generalities ("When a man will give", "To guard")!
3. We must say, the verse "For any transgression" is expounded by the method of inclusions (and exclusions).

(d) Question: If so, what do the specifics teach?
(e) Answer: One excludes land, 1 excludes slaves, 1 excludes documents, "garment" excludes something not specific (Rashi - it has no identifying sign; Tosfos - it has no measure, or half of something);

1. "For any lost object" teaches as R. Chiya bar Aba.

i. (R. Chiya bar Aba): A watchman who claims that the item was stolen pays double - "For any lost object that he will say".

2) A CLAIM THAT THE ITEM WAS LOST OR STOLEN

(a) (Mishnah): Shimon claimed that the item Reuven deposited by him was lost. Reuven imposed an oath on him; he answered "Amen". Witnesses testify that Shimon ate it - he pays the value;

1. If he admits by himself, he pays the value, an added fifth (a fourth of the principle), and brings an Asham (guilt-offering).

(b) Shimon claimed that the item was stolen, and answered "Amen" to the oath. Witnesses testify that Shimon ate it - he pays double;

1. If he admits by himself, he pays the value, an added fifth, and brings an Asham.

(c) The Mishnah says that the double payment is only by one who claims it was stolen, not by one who claims it was lost;

1. Even one who claims it was stolen only pays double if he swore!

(d) Question: From where do we know this?
(e) Answer #1 (Beraisa #1): "If the thief will be found" - this speaks of one who claims it was stolen.

1. Suggestion: Perhaps it speaks of an actual thief!
2. Rejection: "If the thief will not be found" - this is one who claims it was stolen, so the other verse is also one who claims it was stolen.

(f) Answer #2 (Beraisa #2): "If the thief will be found" - this speaks of an actual thief.

1. Suggestion: Perhaps it speaks of one who claims it was stolen!
2. Rejection: "If the thief will not be found" - this is one who claims it was stolen, so the other verse is one who claims it was stolen.

(g) Question: Both Beraisos agree that "If the thief will not be found" is one who claims it was stolen - how do we see this?
(h) Answer (Rava): "If the thief will not be found" - it will not be found as he says, rather, he stole it - "He will pay double".
(i) Question: From where do we know that he only pays if he swore?
(j) Answer (Beraisa): "The (watchman) will draw close to the judges" - to swear.

1. Suggestion: Perhaps he draws close for judgment, not to swear!
2. Rejection: It mentions unauthorized use here (by a free watchman) and later (by a paid watchman). Just as later he swears, also here.

(k) We understand Beraisa #2 - 1 verse speaks of an actual thief, 1 of a watchman who claims it was stolen.

1. Question: According to Beraisa #1, why do 2 verses both speak of a watchman who claims it was stolen?
2. Answer: 1 is needed to exclude a watchman who claims it was lost.
3. Question: How does the Tana of Beraisa #2 learn this?
4. Answer: It says "The thief" (to exclude a claim that it was lost).
5. Question: What does the Tana of Beraisa #1 learn from this?
6. Answer: R. Chiya bar Aba's law.

i. (R. Chiya bar Aba): A watchman who claims that the item was stolen pays double; if he slaughtered or sold it, he pays 4 and 5.

7. Question: How does the Tana of Beraisa #2 learn this?
8. Answer: The Torah puts the law of an actual thief next to the law of one who claims the item was stolen - this equates their laws.