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1) IMPROVEMENTS THAT WERE MADE

(a) Witnesses testified that Ploni is his brother; he asked for half the vineyards and orchards, even though Mari had improved them.
(b) Rav Chisda: Ploni is correct:

1. (Mishnah): Reuven died, leaving minor and adult children. The adults improved the property - the minors share in the improvements.

(c) Question (Abaye): That is different! There, the adults know they have minor brothers, they improved the property knowing that this will be shared with the minors;

1. Mari did not know that he had a brother - he improved for himself!

(d) (R. Ami): We learned even more than this - if a relative worked on land of a captive, when the captive returns, he gets the improved land, the relative is paid as a sharecropper - all the more so, Mari gets this.
(e) Rejection (Rav Chisda): That is different - Beis Din puts relatives on land of a captive - Mari did not consult with Beis Din;

1. Also - Ploni was a minor, we would not put a relative on the land of a minor!
2. R. Ami had not heard that Ploni was a minor.

(a) (Mishnah): Reuven deposited produce by Shimon - when he takes it back, he deducts the normal losses, as follows:

1. For wheat or rice - nine half-Kavim per Kor (a Kor is 30 Sa'im which is 180 Kavim);
2. For barley or millet - nine Kavim per Kor;
3. For spelt and flax seed - three Sa'im per Kor;

(b) The losses are according to the amount of produce and the season.
(c) R. Yochanan ben Nuri says, mice eat the same amount, regardless of how much there is! Rather, he deducts the amount specified for one Kor.
(d) R. Yehudah says, if he deposited a large amount, he does not deduct anything, for the produce expands (enough to compensate for the losses).
(e) (Gemara) Question: The losses for rice are more than nine half-Kavim per Kor!
(f) Answer (Rabah bar bar Chana): The Mishnah speaks of peeled rice.
(g) (Mishnah): For spelt and flax seed - three Sa'im per Kor;
(h) (R. Yochanan): The Mishnah speaks of flax seed in the stalk (but the seeds themselves would not decrease so much).
(i) Support (Beraisa): For unpeeled rice he deducts three Sa'im per Kor.
(j) (Mishnah): The losses are according to the amount of produce.
(k) (Beraisa): He deducts these amounts for each Kor, for each year.
(l) (Mishnah): R. Yochanan ben Nuri says...
(m) (Beraisa - Chachamim): Much of the produce gets lost and scattered.
(n) (Beraisa): The Mishnah is when Shimon mixed Reuven's produce with his own - but if he left it by itself, he gives it back to Reuven as it is.
(o) Question: When he mixed it, he should return to Reuven the percentage that was his!
(p) Answer: Shimon has been taking from the mixture, we do not know how much he took.

(a) (Mishnah): R. Yehudah says, if he deposited a large amount...
(b) Question: What is considered a large amount?
(c) (Rabah bar bar Chana): Ten Korim.

1. A Beraisa supports this.

(d) (Chacham - Beraisa): The Mishnah is when he measured and returned to him from the granary - but if he measured from the granary and returned from the house, he does not deduct, for the house measure is smaller.
(e) Objection (Rav Nachman): Does the Mishnah speak of fools, who give a large measure and take back a small measure?!
(f) Suggestion (Rav Nachman): Perhaps your Beraisa means, the Mishnah is when he measured and returned to him at the time of the granary - but if he measured at the time of the granary (after the produce dried in the sun) and returned in winter, he does not deduct, for the produce expands.
(g) Question (Rav Papa): If the produce expands, a barrel that was full in summer should break in winter!
(h) Answer #1: Indeed, that once happened.
(i) Answer #2: Because the produce is tightly packed, it does not expand.

(a) (Mishnah): One deducts a sixth of the wine deposited; R. Yehudah says, a fifth.
(b) One deducts three Lugim of oil for every 100 - one and a half for dregs, one and a half for absorption (of the barrel).

1. If the oil was clear, he does not deduct for dregs; if the barrels had held oil before, he does not deduct for absorption.
2. R. Yehudah says, even one who sells clear oil all year round, the buyer must accept one and a half Lugim of (pure) dregs per 100.

(c) (Gemara): Chachamim and R. Yehudah do not argue regarding wine - each speaks according to his place.

1. Explanation #1: If the barrels are smeared with wax, he deducts a sixth; if they are smeared with Zefes (pitch), he deducts a fifth.
2. Explanation #2: The clay from which the barrels are made affects the absorption - the clay in R. Yehudah's area absorbs more than that in Chachamim's area.

(d) In Rav Yehudah's area, there were 48 Kuz in a barrel; the price was six Zuz for a barrel. Rav Yehudah would sell 6 Kuz for a Zuz.

1. He would get back the six Zuz he paid after selling 35 Kuz of the barrel; eight Kuz (a sixth) were absorbed in the barrel, his whole profit was four Kuz.
2. Question: But Shmuel taught, one should not profit more than a sixth! (Rav Yehudah was entitled to take a bigger profit!)
3. Answer: He would also keep the barrel itself and the dregs.
4. Question: If so, he profited more than a sixth!
5. Answer: He was entitled to more for his toil; also, he had to pay the merchant that sold his wine (some explain - the one who would open the barrel).

(e) (Mishnah): If the oil...(if the barrels had held oil before, he does not deduct for absorption).
(f) Question: Even old barrels absorb something!
(g) Answer #1 (Rav Nachman): The Mishnah speaks of old barrels that were smeared, they do not absorb any more.
(h) Answer #2 (Abaye): Even unsmeared barrels - once they are saturated, they do not absorb any more.

(a) (Mishnah): R. Yehudah says, even one who sells clear oil all year round, the buyer must accept one and a half Lugim of (pure) dregs.
(b) (Abaye): One can infer that R. Yehudah permits mixing dregs, Chachamim forbid this.

1. R. Yehudah says that the buyer accepts dregs because the seller is allowed to mix them in.
2. Question: The buyer should be able to say - if they were mixed in, I would have sold the oil with the dregs - but no one will buy pure dregs!
3. Answer: The case is, the buyer buys for his own consumption, he prefers clear oil.
4. Question: Why can't the buyer say, since you did not mix in dregs, you waived your option, I will not accept pure dregs!
5. Answer: This is as R. Yehudah holds elsewhere, we do not say that a person pardons things (unless he explicitly says so).

i. (Mishnah): One who sold the yoke did not sell the oxen; one who sold the oxen did not sell the yoke;
ii. R. Yehudah says, the money reveals what he sold - if he paid 200 (Zuz) for a yoke, surely this includes the oxen.
iii. Chachamim say, the money is not a proof (he pardoned the extra money).

6. Chachamim forbid mixing dregs because the buyer did not accept dregs.

(c) Question (Rav Papa): Just the contrary! Chachamim permit mixing - the buyer need not accept dregs, because the seller waived his right by not mixing them.

1. R. Yehudah forbids mixing - the buyer accepts dregs because the seller was not allowed to mix them in (and he relies on selling the dregs to make a profit).

(d) (Beraisa): A buyer and a depositor have the same law regarding Piktim (Rashi - refuse of the pits that floats on top; Aruch - cloudy oil above the dregs).
(e) Question: What is their law?

1. If a depositor need not accept them, just as a buyer - the watchman can say, what should I do about them?!

(f) Answer: Rather, just as a depositor must accept them, also a buyer.
(g) Version #1 - Question (Beraisa - R. Yehudah): Cloudy oil is a loss to the seller, because the buyer accepts a Log and a half of dregs (Aruch - alone, without the cloudy oil; Rashi - therefore, the oil must be clear).
(h) Version #2 (Tosfos) - Question (Beraisa - R. Yehudah): The seller bears the loss when he sells cloudy oil, since the buyer only accepts a Log and a half of dregs when he gets clear oil.
(i) Answer: If the buyer gave money in Tishrei (according to the low price of Tishrei, when most oil is cloudy) to receive oil in Nisan, he accepts Piktim; if he gives money in Nisan for oil in Nisan (when oil is clear and expensive), he does not accept Piktim.

(a) (Mishnah): Reuven deposited a barrel by Shimon; Reuven did not designate where it would be kept. Shimon moved it and it broke.

1. If it broke while he was holding it - if he picked it up to use it, he is liable; if he picked it up to put it in a safer place, he is exempt.
2. If it broke after he put it down - whether he picked it up to use it or for its sake, he is exempt.

(b) If Reuven designated where it should be kept, whether it broke while he was holding it or after he put it down, if he picked it up to use it, he is liable; if for its sake, he is exempt.