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1) TRANSPORTING A BARREL (cont.)

(a) (R. Chiya bar Aba): It is a Rabbinical enactment that he may swear and be exempt - otherwise, no one would agree to transport a barrel!
(b) Question: What does he swear?
(c) Answer (Rava): He swears that he did not intentionally break it;

1. R. Yehudah says, a Shomer Chinam swears, a Shomer Sachar must pay.
2. R. Elazar says, he heard that both are exempt, but he does not understand why:

i. Granted, a Shomer Chinam can swear that he was not negligent - but a Shomer Sachar pays even if he was not negligent!
ii. Even a Shomer Chinam is only exempt if he fell on an incline - on level ground, this is negligence!
iii. Even on an incline, if witnesses were there, he must bring witnesses!
iv. (Beraisa - Isi ben Yehudah): "Ein Ro'eh", - if people did see, he must bring witnesses to be exempt.

(a) Reuven was transporting a barrel of wine in the market of Mechuza, it broke on a beam jutting out into the public domain.

1. Rava: Many people are in the market - you must bring witnesses to be exempt.
2. Rav Yosef (Rava's son): This is according to Isi!
3. Rava: Yes, the Halachah follows Isi.

(b) Reuven asked Shimon to buy 400 jars of wine. He did so; they all soured.

1. Rava: Such an occurrence would be known - Shimon must bring proof that he brought proper wine.
2. Rav Yosef: This is according to Isi!
3. Rava: Yes, the Halachah follows Isi.

(a) R. Chiya bar Yosef enacted that people who carry on shoulder-poles (one burden in front, one burden in back) must pay half if the load breaks.
(b) Question: What is the reason?
(c) Answer: It is more than one person should carry - but it is not enough that people would hire two workers for it - it is not quite Ones and not quite negligence.'
(d) One who carries on a cross-poles (it straddles the shoulders, one burden on the right, one on the left) must pay fully if the load breaks. (This is a load fit for two people, it was negligence to carry it himself).
(e) Rabah bar bar Chanah hired workers to transport barrels; a barrel broke, he took their shirts to pay for it.

1. Rav: Give them back their shirts.
2. Rabah: Is that the Halachah?
3. Rav: Yes - "L'Ma'an Telech b'Derech Tovim" (you must go beyond the letter of the law).
4. He returned their shirts; they petitioned - we are poor, we worked all day, we have nothing to eat!
5. Rav: Pay their wages.
6. Rabah: Is that the Halachah?
7. Rav: Yes - "V'Orchos Tzadikim Tishmor".

4) ALL IS ACCORDING TO THE LOCAL CUSTOM

(a) (Mishnah): Reuven hired workers and told them to start early and finish late - if this is not the local custom, he cannot force them;
(b) Where the custom is to feed them, he must feed them; where the custom is to supply relish with the bread, he must do so - all is according to the local custom.
(c) (Mishnah): There was a case in which R. Yochanan ben Masya told his son to hire workers; his son promised to feed them.

1. R. Yochanan: They descend from Avraham, Yitzchak and Yakov - even if you give them a banquet as King Shlomo, this does not suffice! Before they start working, tell them that you only promise them bread and legumes.

(d) R. Shimon ben Gamliel says, there was no need for this - all is according to the local custom.
(e) (Gemara) Question: The first law is obvious!
(f) Answer: The case is, he pays them more than the usual wage.

1. One might have thought, this is in order that they will start early and finish late - the Mishnah teaches, this is not so, they can say, it is so we will work well.

(g) (Reish Lakish): (The standard workday is from sunrise until dark (when stars are visible).) A worker goes home on his own time (he leaves at dark), he comes to work on his employer's time (he leaves his house at sunrise) - "Tizrach ha'Shemesh...Yetzei Adam Lefa'alo v'la'Avodaso Adei Arev".
(h) Question: We should follow the local custom!
(i) Answer #1: Reish Lakish's law is for a new city.

1. Question: We should follow the custom of the place the residents came from!
2. Answer: They come from different places with different customs.

(j) Answer #2: The case is, he said, 'I hire you according to Torah law'.

(a) (Rav Yosef): "Tashes Choshech Viyehi Laylah" - this is discussing this world, which resembles night; "Kol Chayso Ya'ar" - these are the wicked, who are like beasts of the forest; "Tizrach ha'Shemesh" - for the Tzadikim; "Ye'asefun" - the wicked will be gathered to Gehinom; "v'El Me'onosam Yirbatzun" - every Tzadik will have a place according to his honor;

1. "Yetzei Adam Lefa'alo" - the Tzadikim go to receive their reward; "v'la'Avodaso Adei Arev" - this is discussing one who finished his work before he died.

(b) R. Elazar b'Rebbi Shimon found a king's official that would seize thieves.

1. R. Elazar: How do you catch them? The verse compares them to beasts! Perhaps you get Tzadikim instead!
2. The official: I must do what the king decrees!
3. R. Elazar: Do thusly: at the fourth hour of the day, see who is drinking wine in the store and dozing; ask about him.

i. If he is a Chacham - he is tired because he rose early to learn;
ii. If he is a worker - he rose early to work;
iii. If he works at night - he is tired from working at night;
iv. If none of these - he is a thief, seize him!

(c) The king heard about this; he appointed R. Elazar to seize thieves.
(d) R. Yehoshua ben Korchah (to R. Elazar): Vinegar, son of wine! Your father was a Tzadik, you are not! How can you deliver Hash-m's people to be killed?!
(e) R. Elazar: I am only eliminating the thorns from the vineyard!
(f) R. Yehoshua: Let Hash-m remove them Himself!
(g) One day a launderer called R. Elazar as 'Vinegar, son of wine'. R. Elazar reasoned - anyone so brazen must be evil - he had him seized.
(h) Later, R. Elazar decided that the launderer was not worthy to die, he went to redeem him - he was unable to. He applied to him "Shomer Piv u'Lshono Shomer mi'Tzaros Nafsho". The launderer was hung; R. Elazar cried.

1. Onlookers: Don't feel bad - he and his son had relations with a Mekudeshes Na'arah on Yom Kipur!
2. R. Elazar was comforted - 'Even people I am unsure about deserve to die - all the more so, people I am sure about!' My innards will not be consumed by worms after death.
3. He tested this - they removed fat from his stomach and put it in the hot sun; it did not rot.
4. Question: Fat normally does not rot in the sun!
5. Answer: If there is redness (of flesh) with it, it does - R. Elazar's did not rot, even though there was flesh with it - "Af Besari Yishkon la'Vetach".

(i) A similar case occurred with R. Yishmael b'Rebbi Yosi.

1. Eliyahu: How can you deliver Hash-m's people to be killed?!
2. R. Yishmael: The king commanded - what can I do?
3. Eliyahu: Your father fled to Asya - you can flee to Ludkiya!