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1) LENIENCIES OF DEMAI

(a) (Beraisa - R. Meir): Only a wholesaler is permitted to sell Demai; a regular person, whether selling a lot or little, must separate Ma'aser first.
(b) Chachamim say, even a regular person is allowed to sell or give Demai as a gift.
(c) Question (Ravina - Mishnah - R. Meir): If one buys from a Nachtom (Tosfos ha'Rosh - baker; Rashi - wholesaler of bread) who is not trustworthy regarding Ma'aser, he may separate warm bread (i.e. it was baked recently) as Ma'aser on cold or vice-versa, even from different shapes of bread on each other.

1. We understand why cold on warm is permitted - this is as R. Ilai.

i. (R. Ilai): One who separates bad produce to be Terumah on good produce, it takes effect - "V'Lo Tisa Alav Chet..." (You will not bear sin if you separate good produce).
ii. If it would not become Terumah, why would he bear sin?! We conclude that if bad produce is separated, it takes effect.

2. But why may he separate from different shapes of bread on each other - perhaps he will separate from tithed produce on untithed produce or vice-versa!

(d) Abaye: R. Elazar had a good question, Shmuel's answer is insufficient!

1. R. Elazar asked regarding (Tevel, which by mid'Oraisa Tevel is punishable by) death at the hands of Heaven, and Shmuel answered from (Gitin, which permit married women, for which the punishment was) death at the hands of Beis Din;
2. Perhaps Chachamim are more stringent by death at the hands of Beis Din, since it is more stringent!

(e) Rav Sheshes's question was improper - R. Elazar and Shmuel spoke of (things punishable by) death, he asked from (Ma'aser Sheni, which is only) a Lav - "Lo Tuchal Le'echol"!

1. Rav Yosef's answer was proper.

(f) Question: Why did Ravina ask from a Nachtom - he should have supported the law from a Palter (wholesaler of bread)!

1. (Mishnah - R. Meir): One who buys from a Palter must tithe separately bread from each type of mold.
2. (Question): What is the difference between a Palter and Nachtom?
3. Version #1 (Tosfos ha'Rosh) Answer: We must say, a Palter buys bread from different bakers, a Nachtom (baker) buys all his wheat from one person, so even if his bread is from different molds, we may tithe from one to another.
4. Version #2 (Rashi) Answer: We must say, a Palter buys from different bakers, a Nachtom (a smaller scale wholesaler of bread) does not - even if a Nachtom's bread is from different molds, we assume that it was from one baker.

(g) (Rabah): Shmuel's answer was proper - death is essentially the same, whether at the hands of Heaven or Beis Din.

(a) (Mishnah): Ona'ah does not apply to the following: slaves, documents, land, and Hekdesh;
(b) Also, one who steals them does not pay double, four or five; a free watchman does not swear about them, a paid watchman does not pay (if they are lost or stolen);

1. R. Shimon says, Ona'ah applies to Kodshim that have Acharayos (if this animal cannot be brought, the owner must bring another), not to Kodshim without Acharayos.

(c) R. Yehudah says, Ona'ah does not apply to a Sefer Torah, animal or pearl;

1. Chachamim say, it applies to everything except the above exceptions.

(d) (Gemara): Question: How do we know this?
(e) Answer (Beraisa): "V'Chi Timkeru...Mi'Yad Amisecha" - something acquired from hand to hand;

1. This excludes land, which cannot be moved; it excludes slaves, which are equated to land;
2. It excludes documents, because "V'Chi Timkeru" connotes that the matter itself is sold - documents are sold for the proof they contain (of a sale or loan).
3. Therefore, one who sells documents to a perfumer (to wrap his bottles), Ona'ah applies to them.

i. Objection: This is obvious!
ii. Answer: This comes to argue on Rav Kahana's opinion, that Ona'ah of Perutos is not Ona'ah (only Ona'ah of Isarim) - the Tana teaches that it is Ona'ah (presumably, the intrinsic value of documents is only Perutos).

4. We learn Hekdesh from "Achiv" - his brother, not Hekdesh.

(f) Question (Rabah bar Mamal): Whenever the Torah says "Yado", does this literally mean 'hand'?!

1. "Va'Yikach Es Kol Artzo mi'Yado" - we cannot say that Sichon's land was in his hand!
2. Rather, it means from his possession - also in the verse of selling, it means from his possession!
3. Counter-question: Is it true that 'Yado' never literally means 'hand'?!

i. (Beraisa): Question: "(If the stolen object will be found) B'Yado" - how do we know to include his roof, yard or storage area?
i. Answer: "Himatzei Timatzei" - the double language comes to include them.
ii. We only expounded thusly because it says "Himatzei Timatzei" - if not, we would have said "Yado", literally means 'his hand'!
iii. (Another disproof - Beraisa): "V'Nosan b'Yadah" - how do we know to include her roof, yard or storage area?
iv. Answer: "And he will give" (this is written before "her hand", suggesting that he can put it in other places as well.)
v. We only expounded thusly because it says "V'Nosan" - if not, we would have said "Yado", always means 'his hand'!

4. Answer: Really, 'Yado' (almost) always means 'his hand' - regarding Sichon, it is impossible to say this, it must mean 'his possession'.

(g) Question (R. Zeira): Is there Ona'ah by rental?

1. The verse of Ona'ah speaks of a sale - but not rental;
2. Or - is there no distinction?

(h) Answer (Abaye): The verse does not specify a permanent sale - rental is a temporary sale (so Ona'ah applies to it)!

(a) Question (Rava): If one planted wheat in the ground, does Ona'ah apply?

1. If we view it as being in a vessel, it is still Metaltelim, there is Ona'ah;
2. Or - since it will stay in the ground, is it like land?
3. Question: What is the case?

i. Suggestion: He says that he planted six measures of wheat, and witnesses say that he only planted five.
ii. Rejection: Rava taught, one who was shortchanged through an error in measure, weight or quantity, he is compensated, even if the error was less than the threshold of Ona'ah;

4. Answer: Rather, Reuven was told to plant wheat as needed, and he planted too little.

i. If we view it as being in a vessel, it is still Metaltelim, there is Ona'ah;
ii. Or - since it will stay in the ground, is it like land?

(b) Question: Does one swear about it?

i. If it is considered Metaltelim, he swears; if it is land, he does not.

(c) Question: (If the wheat was Chadash (i.e. from this year's harvest)) - is it permitted when the Omer offering is brought?
(d) Question: What is the case?'

1. A Mishnah teaches the law if it took root and if not!
2. (Mishnah): If it took root before the Omer, the Omer permits it; if not, it is permitted when the Omer is brought the next year.

(e) Answer: The case is, he uprooted it and planted it before the Omer; the Omer passed before it took root;

1. The question is, may he remove it and eat it?

i. If we view it as being in a vessel, the Omer permits it;
ii. But it is considered as part of the ground, the Omer does not permit it.
iii. These questions are unsettled.