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1) LIMITATIONS OF THE MITZVAH

(a) Question (Beraisa): "Rovetz (crouching)" - not an animal that always crouches, nor an animal standing under its load;

1. "Tachas Masa'o" - a load it can stand under; also, not an unloaded animal (that must be loaded again).
2. If pain to animals is mid'Oraisa - he should be obligated even if it always crouches or is standing!

(b) Answer: The Tana is R. Yosi ha'Galili, who says that pain to animals is mid'Rabanan.
(c) Support (Beraisa): "Tachas Masa'o" - a load it can stand under.

1. We know that R. Yosi ha'Galili expounds thusly!

(d) Question: The Beraisa cannot be R. Yosi ha'Galili!

1. (End of the Beraisa): "Tachas Masa'o" - not an unloaded animal.
2. Question: What does this mean?

i. If it means, there is no Mitzvah to load an unloaded animal - but it says "Hakim Takim"!

3. Answer: Rather, there is no Mitzvah to load it for free, only for pay - this is as Chachamim!

(e) Answer: Really, the Tana is R. Yosi; regarding loading, he agrees with Chachamim.
(f) (Beraisa): "Ki Tireh (when you will see)" - one might have thought, even from afar - "Ki Tifga (when you will encounter)" teaches, this is not so
(g) Suggestion: Perhaps "Ki Tifga" means literally, when you will encounter!
(h) Rejection: "Ki Tireh".

1. We fulfill both verses through seeing which is as encountering - Chachamim estimated, when it is one Ris (seven and a half Ris equals one Mil) away.

(i) (Beraisa): He walks with it for four Mil.
(j) (Rabah bar bar Chana): This is for pay.

(a) (Mishnah): Reuven's own lost object takes precedence over that of his father or Rebbi;
(b) The lost object of his Rebbi takes precedence over that of his father;

1. This is because his father brought him to this world, but his Rebbi, who taught him Chachmah, brings him to eternal life;
2. If his father is a Chacham, his father's takes precedence.

(c) If his father and Rebbi were carrying burdens - he helps his Rebbi unload, then his father.
(d) If his father and Rebbi were imprisoned - first he redeems his Rebbi, then his father;

1. If his father is a Chacham, he redeems his father first.

(e) (Gemara) Question: What is the source (that his own object takes precedence)?
(f) Answer (Rav Yehudah): "Lo Yiheyeh Becha Evyon" - you should not become poor (by abandoning your own lost object).

1. (Rav Yehudah): Anyone who is very zealous about putting his own first (he never goes beyond the letter of the law) will ultimately become poor.

(g) (Mishnah): If his father and Rebbi were carrying burdens - he helps his Rebbi unload, then his father.
(h) (Beraisa - R. Meir): The Mishnah speaks of the Rebbi that taught him Chachmah (the reasons behind the Mishnayos and how to resolve difficulties), not the Rebbi that taught him written Torah or the text of the Mishnah;

1. R. Yehudah says, whomever he learned most of his Chachmah from;
2. R. Yosi says, even if he only enlightened him regarding one Mishnah, he is considered his Rebbi.
3. (Rava): This is as Rav Sechorah, who explained to us 'Zuhama Listron' (a ladle to push aside the froth).

(i) A Chacham explained to Shmuel one part of a Mishnah about opening the Mikdash - Shmuel tore his clothing (as one does for his Rebbi) when the Chacham died.
(j) (Ula): Chachamim in Bavel rise for each other and tear clothing over each other;

1. Regarding a lost object, they only give precedence to their primary Rebbi (over their fathers).

(k) Question (Rav Chisda): What is the law regarding a Talmid whom the Rebbi needs (to hear what the Talmid learned from others)?
(l) Rav Huna: I don't need you - you need me!

1. They were upset with each other, and did not see each other for 40 years. Rav Chisda fasted 40 days for having pained his Rebbi; Rav Huna fasted 40 days for having suspected that Rav Chisda asked about himself.

(m) (R. Yitzchak bar Yosef citing R. Yochanan): The Halachah follows R. Yehudah.
(n) (Rav Acha bar Rav Huna): The Halachah follows R. Yosi.
(o) Question: Did R. Yochanan really rule as R. Yehudah? R.
Yochanan says, the Halachah follows an anonymous Mishnah!

1. (Mishnah): "His Rebbi that taught him Chachmah" (this is as R. Meir)!

(p) Answer: The Mishnah means, most of his Chachmah - as R. Yehudah.

(a) (Beraisa): Learning oral Torah - it is good, but not best.

1. Learning Mishnah - it is good, one is rewarded for it;
2. Learning Gemara - it is the greatest;

i. A person should run to learn Mishnah more than Gemara.

3. Question: If Gemara is greatest; why should a person run to learn Mishnah more than Gemara?!

4. Answer (R. Yochanan): In Rebbi's day, they taught that Gemara is greatest; everyone abandoned Mishnah and only engaged in Gemara;

i. There was danger that the Mishnah would be forgotten - therefore, Rebbi taught that learning Mishnah takes precedence.

(b) Question: What was the source to say that Gemara is greatest?
(c) Answer (R. Yehudah): "Haged l'Ami Pisham (tell to my nation their transgression)" - these are Chachamim, their oversights (when then give mistaken rulings because they did not understand the reasons behind the Mishnayos) are considered like intentional sins;

1. "Ul'Beis Yakov Chatasam" - these are ignoramuses, their intentional sins are considered unintentional.

(d) (Mishnah - R. Yehudah): Be careful in your learning - one is punished for an oversight in learning as for an intentional sin.
(e) (Beraisa - R. Yehudah): "Ha'Charedim El Devaro (those diligent to His word)" - these are Chachamim; "Acheichem" - these are people that only learn oral Torah; "Sone'eichem" - these are people that only learn Mishnah (they are unqualified to decide Halachah, but do so anyway); Menadeichem" - these are ignoramuses (Chachamim shun them as Nidos).

1. "V'Nireh b'Simchaschem" - we will all rejoice.
2. "V'Hem Yevoshu" - Nochrim, but Yisrael will rejoice.

4) A WATCHMAN CAN GET DOUBLE PAYMENT

(a) (Mishnah): Reuven deposited by Shimon an animal or vessels and they were stolen or lost. Shimon could swear (that he was not negligent) and be exempt. If he paid and did not want to swear, and the thief was found, he pays double (or four or five, if it was slaughtered or sold) to Shimon;

1. If Shimon swore and did not want to pay, payments of double, four or five go to Reuven.

(b) (Gemara) Question: Why must the Mishnah list both an animal and vessels?
(c) Answer: We must teach both cases.

1. If it only taught an animal - one might have thought, only by an animal Reuven allows Shimon to acquire the (deposit in order that he will acquire the) double payment, because watching an animal is a burden - but if he watched vessels, Reuven gets it;
2. If it only taught vessels - one might have thought, only by vessels Reuven allows Shimon to acquire the double payment, because it is never more than double - but regarding an animal, the payment can be four or five, he does not allow Shimon to acquire - the Mishnah teaches, this is not so.