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1) INTERPERSONAL RELATIONS

(a) Question (Rava): People say, a pit that you drank from, do not throw dirt in it - what is the source of this?
(b) Answer (Rabah bar Mari): "Do not despise a Mitzri, for you were a stranger in his land."
(c) Question (Rava): People say, I will only bear the burden if you bear with me - what is the source of this?
(d) Answer (Rabah bar Mari): Barak told Devorah that he will only go if she goes with him.
(e) Question (Rava): People say, when we were small, we were as important as adults; now that we are mature, we are as children - what is the source of this?
(f) Answer (Rabah bar Mari): At first it says "Hash-m went in front of them by day in a pillar of cloud...in a pillar of fire"; later, it says "I will send My angel in front of you."
(g) Question (Rava): People say, after a big property owner, wealth is drawn - what is the source of this?
(h) Answer (Rabah bar Mari): "Also to Lot who was going with Avram there was flock, cattle and tents."
(i) (Rav Chanan): One who asks Hash-m to judge between him and another, he is punished first - "Sarai said to Avram...Hash-m should judge between me and you" - she died first.

1. This is only if the person could have made his claim in Beis Din, and instead asked Hash-m to judge.
2. R. Yitzchak: Woe to the one who cries (to Hash-m), more than the one on account of whom he cries!
3. Support (Beraisa): "(If scream, he will scream to Me...My anger will flare and I will kill you (plural)") - this refers to the screamer and the one he screams about, just that the screamer is punished first.

(j) (R. Yitzchak): The curse of a common person should not be light in your eyes - Avimelech's curse to Sarah was fulfilled in her child - "This is a covering of eyes for you";

1. He meant, since you concealed from me that he is your husband and caused me this pain, you should have blind children;
2. This was fulfilled in Yitzchak.

(k) (R. Avahu): A person should be pursued, not a pursuer - no bird is pursued more than pigeons and doves, and the Torah allowed them as sacrifices.

(a) (Mishnah): 'Blind my eye'...
(b) Question (Rav Asi bar Chama): Why is this different than the end of the Mishnah (break my jug on condition that you are exempt, he is exempt)?
(c) Answer (Rabah): He is always liable by the eye, for a person does not pardon one who destroys extremal limbs (they do not grow back).
(d) Question (Rav Asi): Does a person really pardon pain?!

1. (Beraisa): "Bruise me on condition that you will be exempt' - he is exempt.

(e) Rabah could not answer; he asked if Rav Asi knew an answer.
(f) Answer #1 (Rav Asi citing Rav Sheshes; also, R. Oshaya): Really, a person pardons even extremal limbs; by the eye, he is liable (for all the damage) because of the disgrace to the family.
(g) Answer #2 (Rava): A person does not pardon extremal limbs.
(h) Answer #3 (R. Yochanan): Sometimes, a person says 'yes' and means 'no', and vice-versa.

1. Support (Beraisa): Reuven: Hit me (or) bruise me.
2. Shimon: On condition that I will be exempt?
3. Reuven: Yes.

i. This 'yes' really means 'no'.

4. Reuven: Tear my garment.
5. Shimon: On condition that I will be exempt?
6. Reuven: No.

i. This 'no' really means 'yes'.

(i) (Mishnah): 'Break my jug, (or) tear my garment' - he is liable.
(j) Contradiction (Beraisa): "(A watchman is liable for negligence when given a deposit) to guard" - not (if he was given) to ruin, tear or distribute to the poor.
(k) [Version #1 (Rashi) Answer #1 (Rav Huna): In the Mishnah, he took the deposit and then damaged it - he is liable (even if told to ruin it, unless 'on condition that you will be exempt');

1. In the Beraisa he (was told to ruin it and) ruined it without taking it, he is exempt.]

(l) [Version #2 (Tosfos) Answer #1 (Rav Huna): In the Mishnah, he gave the deposit to the watchman, then he authorized him to damage it (these are empty words);

1. In the Beraisa, he was told to ruin it before he received it.]

(m) Objection (Rabah): The Beraisa cites the verse "To guard", implying that he received it on condition to guard properly!
(n) Answer #2 (Rabah): In the Mishnah, he gave the deposit to be guarded; in the Beraisa, he gave it be torn.
(o) A wallet with Tzedakah money came to Pumbadisa; Rav Yosef deposited it by a man. He was negligent, and thieves took it; Rav Yosef obligated him to pay.
(p) Question (Abaye - Beraisa): "To guard" - not (if he was given)...to distribute to the poor:
(q) Answer (Rav Yosef): (The Beraisa speaks of most places, where we do not know who stood to receive the money, no poor person can claim it;) in Pumbadisa, each poor person gets a fixed amount from Tzedakah, he was as a guardian for every poor person.

3) CHANGING A STOLEN OBJECT

(a) (Mishnah): One who stole wood and made vessels, (or) wool and he made garments - he pays the value at the time he stole it;
(b) If he stole a pregnant cow and it gave birth or a sheep laden with wool and sheared it, he pays for a cow about to give birth or a laden sheep.
(c) If he stole a cow, and it became pregnant and gave birth, or a sheep, and it became laden with wool and he sheared it, he pays the value at the time he stole it.

1. The general rule is: all thieves pay the value at the time of the theft.

(d) (Gemara) Inference: He pays the value at the time he stole it because he made vessels - had he only smoothed the wood or washed the wool, he would not!
(e) Contradiction (Beraisa): One who steals wood and smoothed it, or wool and he washed it or flax and cleaned it - he pays the value at the time he stole it.
(f) Answer (Abaye): The Tana of our Mishnah teaches about a reversible change, which acquires mid'Rabanan - all the more so, an irreversible change acquires mid'Oraisa.

1. Wood and he made vessels - he stole boards, the vessels can be dissembled to boards, like he stole;
2. Wool and he made garments - he stole spun wool, the garments can be unwoven to wool again.
3. The Tana of the Beraisa only taught an irreversible change, which acquires mid'Oraisa.

(g) (Rav Ashi): Also the Tana of our Mishnah teaches an irreversible change, which acquires mid'Oraisa;

1. Wood and he made vessels - he smoothed them, and made clubs;
2. Wool and he made garments - felt garments (by which the wool is not washed).

(h) Question: Is washing really considered a change which acquires?!

1. Contradiction (Mishnah): A Yisrael did not give the first shearings to a Kohen until he dyed them - he is exempt from giving them;

i. If he only washed the wool, he must give it.

(i) Answer #1 (Abaye): Our Mishnah is according to R. Shimon, who says that washing is considered a change; the other Mishnah is according to Chachamim, who say it is not.

1. (Beraisa): A Yisrael sheared, spun and wove wool from some sheep - it does not combine with shearings from other sheep for the law of first shearings (that must be given to a Kohen);
2. If he washed it - R. Shimon says it does not combine, Chachamim say it joins.

(j) Answer #2 (Rava): Both Mishnayos are according to R. Shimon;

1. If he unravels the wool, he does not acquire; if he combs it, he acquires.

(k) Answer #3 (R. Chiya bar Aba): (According to all Tana'im), if he washes (in water alone), he does not acquire; if he whitens it with sulfur, he acquires.
(l) Question: If R. Shimon holds that dying does not acquire, can he hold that washing acquires?

1. (Beraisa): As a Yisrael sheared his sheep, he dyed, spun or wove the wool before shearing the next - they do not join up;
2. R. Shimon ben Yehudah cites R. Shimon to say that by dying, they join up.

(m) Answer #1 (Abaye): The Tana of the previous Beraisa holds that R. Shimon says that washing acquires, R. Shimon ben Yehudah holds that R. Shimon says that even dying does not acquire.
(n) Answer #2 (Rava): All agree what R. Shimon held; washing acquires, but not dying, for dye can be removed through soap.

1. The Mishnah that says that if he dyed the shearings before giving them to a Kohen, he is exempt - that refers to dying with a blue sap (which cannot be removed).