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1) CARE FOR VESSELS

(a) (Mishnah): He spreads it out for its upkeep, not for his own honor.
(b) Question: May he spread it out for its upkeep and for his own honor?
(c) Answer #1 (Mishnah): He spreads it out for its upkeep.

1. Inference: For its upkeep and his own honor is forbidden.
2. Question (end of the Mishnah): He may not spread it out for his own honor.

i. Inference: For its upkeep and for his own honor is permitted!

3. Conclusion: The inferences contradict one another - we cannot determine which is correct, the Mishnah is not a proof either way.

(d) Answer #2 (Beraisa): He may not spread it on a bed, nor on a peg for his needs, if guests came, he may not do this for his needs and its sake together.
(e) Rejection There is different, for it will be ruined - either on account of Ayin ha'Ra, or lest it will be stolen.
(f) Answer #3 (Beraisa): A calf was brought to a team of yoked animals. It threshed - (this is not considered that the owner worked with it) this does not disqualify it from being used as a beheaded calf;

1. If it was brought in so it will nurse and thresh, it is disqualified.
2. This teaches that intention for its and the owner's benefit is (disqualified) like intent for the owner's benefit alone!

(g) Rejection: The law of a beheaded calf is different - it says "Asher Lo Uvad Bah" (work was not done with it) - at all.
(h) Question: If so, also in the first case, it should be disqualified!
(i) Answer: The law is like the law of a red heifer.

1. (Mishnah): If a bird rested on a red heifer, it is not disqualified; if a male mated with it, it is disqualified.
2. Question: Why is this?
3. Answer: This is like Rav Papa's teaching (by the beheaded calf).

i. (Rav Papa): Had the Torah written 'Uvad (was worked)', and we would read it "Uvad", we would disqualify it even if it worked by itself;
ii. Had the Torah written "Avad (he worked (with it))", and we would read it 'Avad', we would disqualify it only if he worked with it;
iii. In truth, the Torah wrote "Avad" and tradition says to pronounce it "Uvad", we disqualify it if Uvad (it worked) similar to Avad (he worked with it), i.e. he is pleased that it worked.

(j) (Mishnah): Silver or copper vessels - he should use them...
(k) (Beraisa): One who finds wooden vessels should use them so they do not rot; copper vessels may be used with hot food, but they should not be put over a fire;

1. Silver vessels may be used with cold water, but not with hot food, for this blackens them.
2. Shovels (for sweeping ashes) and axes should be used gently, not roughly, for this blunts them;
3. Gold or glass vessels should be left until Eliyahu comes, he may not touch them.
4. The laws of a lost object also apply to a deposit (by a free or paid watchman).
5. Question: Why should he use it? (The owner will use it as he sees fit!)
6. Answer: The case is, the owner went overseas.

(a) (Mishnah): If he finds a bag, box or anything that he usually would not carry (it is below his dignity), he leaves it there.
(b) Question: How do we know this?
(c) Answer (Beraisa): "v'Hisalamta" - sometimes you ignore it, sometimes not.

1. If a Kohen sees a lost object in a cemetery, or a Chacham finds something below his dignity, or if the cessation from his work is a bigger loss than the value of the lost object, he ignores it.

(d) Question: For which of these was the verse needed?

1. Suggestion: For a Kohen who sees a lost object in a cemetery.
2. Rejection: This is obvious, no verse is needed!

i. Returning a lost object is an Ase (positive Mitzvah), a Kohen is forbidden to become Tamei by a Lav (negative Mitzvah) and an Ase - an Ase does not override a Lav and an Ase!
ii. Also - prohibitions are not overridden for (Mitzvos that pertain to) money!

(e) Answer #1: Rather, for when the cessation from his work is a bigger loss than the value of the lost object.
(f) Rejection: We know that from Rav Yehudah's law!

1. (Rav Yehudah): "Lo Yiheye Becha Evyon" (do not bring yourself to poverty), (avoiding) your own loss takes precedence.

(g) Answer #2: Rather, for when a Chacham finds something below his dignity.
(h) (Rabah): If the Chacham hit the animal (so it will return to its owner), he becomes obligated to return it.
(i) Abaye saw some goats; he threw a clod of earth at them.
(j) Rabah: You are obligated to return them.
(k) Question: If the Chacham would return it in the field (where few people see him), but not in the city - must he take it from the field to return it to the city?

1. Since he is not obligated to fully return it, he need not start;
2. Or - in the field, he is obligated to take it - and once he starts, he must finish!
3. This question is not resolved.

(l) (Rava): Anything a Chacham would take if it was his own, he must return if it belongs to another person;

1. A Chacham that would load or unload his own animal, he must help others load or unload.

(m) R. Yishmael b'Rebbi Yosi saw a man carrying wood. The man rested, then asked R. Yishmael to help him load the wood. R. Yishmael bought the wood (to avoid having to help), and made it Hefker. The man acquired the wood and asked for help; R. Yishmael again bought it and made it Hefker. He saw the man going to acquire it again.
(n) R. Yishmael: It is Hefker to all except for you.
(o) Question: That is not Hefker!

1. (Mishnah - Beis Shamai): Something which is Hefker only for poor people to take - it is Hefker (and is exempt from Ma'aser);
2. Beis Hillel say, it is only Hefker if rich and poor may take it, like Shemitah.

(p) Answer: Really, R. Yishmael made it Hefker for all; he deceived the man so he would not take it again.
(q) Question: But wood is not befitting the honor of R. Yishmael b'Rebbi Yosi, he was exempt!
(r) Answer: R. Yishmael b'Rebbi Yosi went beyond the letter of the law.

1. (Rav Yosef): "v'Hodata Lahem" - this is learning a trade (some explain - Torah); "ha'Derech" - this is Chesed; "Asher Yelchu Bah" - this is visiting the sick; "Bah" - this is burying the dead; "ha'Ma'aseh" - this is the law; "Asher Ya'asun" - this is going beyond the letter of the law.
2. Question: Visiting the sick is included in Chesed!
3. Answer: The Torah must teach by the case of someone with the same Mazel as the sick person.

i. It was taught - one who visits a sick person with the same Mazel as himself, one part in 60 of the sickness goes from the sick person to the visitor.
ii. The verse obligates one to visit even in this case.

4. Question: Burying the dead is included in Chesed!
5. Answer: The Torah must teach by a Chacham for whom it is beneath his dignity to dig. (Regarding burial, he is obligated.)
6. (R. Yochanan): Yerushalayim was only destroyed because they judged as Torah law.
7. Question: How should they have judged - using torture?!
8. Answer: He means, they stuck to the law, they did not go beyond the letter of the law.

(a) (Mishnah): What is a lost object? A donkey or cow was grazing on the path - this is not considered lost;

1. If the vessels on a donkey are reversed, or a cow is running through a vineyard - these are considered lost.

(b) If he returned it and it got lost again, he returned it and it got lost again - even four or five times, he must return it - "Hashiv Teshivem".
(c) If in the time Reuven spent returning the lost object he lost one Sela of earnings, he may not demand compensation of one Sela - rather, he is paid as a worker (this will be explained).

1. (If he wants full compensation -) if there is a Beis Din there, he stipulates with Beis Din; if not, he is exempt from returning, because he would lose money.

(d) (Gemara) Question: Why does the Mishnah ask what is a lost object - the previous Mishnayos gave many examples!
(e) Answer (Rav Yehudah): The Mishnah asks how to discern whether something is a lost object.