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1) PEOPLE THAT TRANSGRESS SHEMITAH

(a) (Mishnah - R. Shimon): At first, they used to call such people gatherers of Shemitah produce....
(b) Question: What does this mean?
(c) Answer #1 (Rav Yehudah): At first, they used to say that gatherers of Shemitah produce are Kesherim (they do so to eat it), Socharei Shemitah are disqualified;

1. It became rampant that people would say (to a poor person) 'Take this money and gather produce for me';
2. Version #1 (Rashi): Chachamim then decreed that they are also Socharei Shemitah (since they gathered with intent to sell) and are disqualified.
3. Version #2 (Ramah): Chachamim then called the poor people Socharei Shemitah (since they picked the produce in order to sell it to the gatherers) and disqualified them.

(d) Objection (Benei Rachbah - Mishnah): After *extortionists* became rampant... - according to Rav Yehudah, it should say 'after *merchants* became rampant'!
(e) Answer #2 (Benei Rachbah): At first, they used to say that gatherers and Socharim of Shemitah are both disqualified;

1. 'After extortionists became rampant' - this refers to Arnona (a tax, a certain amount of produce is levied on each field), they declared that gatherers are Kesherim but Socharim are still disqualified;
2. R. Yanai announced 'Seed the land in Shemitah on account of Arnona' (because Shemitah is only mid'Rabanan nowadays).

(f) R. Chiya bar Zarnuki and R. Shimon ben Yehotzadak were going to Asya to (consider whether or not to) Me'aber the (coming) year; Reish Lakish saw them and accompanied them to see how it is done.
(g) On the way, he saw a man plowing (it was Shemitah) - he said, 'This must be a Kohen plowing in Shemitah'.
(h) R. Chiya and R. Shimon: Perhaps it is for the sake of Arnona (Rashi - or he is a sharecropper in a Nochri's field).
(i) Later, Reish Lakish saw a man pruning a vineyard - he said, 'This must be a Kohen pruning in Shemitah'.
(j) R. Chiya and R. Shimon: Perhaps he needs the vines to tie the beam in his olivepress.
(k) Reish Lakish: He knows his intention!

1. Question: Which man did Reish Lakish see first?

i. It cannot be the man plowing, for then Reish Lakish would not have accused the man pruning, he could have assumed that it is for Arnona!

2. Answer: He first saw the man pruning.
3. Question: Why did he assume it was a Kohen working in Shemitah?
4. Answer: Kohanim were suspected of transgressing Shemitah.

i. (Beraisa): If a Se'ah of Terumah fell into 100 Se'im of Shemitah produce, it is Batul (a non-Kohen may eat it like regular Shemitah);
ii. If it fell into less than 100 Se'im, we must leave the mixture to rot.
iii. Question: Why must it rot - we should sell the mixture to Kohanim, except for the (proportionate) value of the Terumah, they will eat it with the stringencies of Terumah and Shemitah!
iv. Answer (Rav Chiya): This teaches that Kohanim were suspected of transgressing Shemitah (therefore, we do not give Shemitah produce to them).

(l) R. Chiya and R. Shimon: Our companion is quarrelsome!
(m) When they reached Asya, they went up to the roof and took the ladder (so Reish Lakish could not follow them).
(n) Reish Lakish (to R. Yochanan): People suspected of transgressing Shemitah (they defend transgressors!), are they Kesherim to Me'aber the year?
(o) Retraction (Reish Lakish): This is not difficult, they may participate, just as three cattle shepherds did (18B);

1. Chachamim rely on their own calculations whether or not it is fitting to Me'aber the year.

(p) Retraction (Reish Lakish): Really, this is a problem! Even though Chachamim rely on their own calculation, three Kosher judges are required (to begin), not Kesher (a band of) Resha'im!
(q) R. Yochanan: That is improper (to call them Resha'im)!

1. R. Chiya and R. Shimon came in front of R. Yochanan: Reish Lakish called us shepherds, and you were silent?!
2. R. Yochanan: What should I have said?

(a) Question: What does it mean 'Kesher Resha'im'?
(b) Answer: Shevna (who was appointed over the house of Chizkiyah ha'Melech) would expound in front of 130,000 people, Chizkiyah in front of 110,000;

1. When Sancheriv besieged Yerushalayim, Shevna sent a message to him: Shevna and his followers surrender to you, Chizkiyah and his followers do not - "Ha'Resha'im Yidrechun Keshes" (Lashon ha'Ra is like arrows).
2. Chizkiyah was afraid - perhaps Hash-m will follow the majority - since they will fall to the enemy, also we will!
3. Hash-m reassured him (through Yeshayah) "Lo Somerun Kesher l'Chol Asher Yomar ha'Am ha'Zeh Kesher";
4. "Kesher" refers to 'Kesher Resha'im', they are not counted when determining the majority.

(c) Shevna went to dig a grave for himself in the burial place of Beis David (to show that he considers himself the king); Hash-m told him (through Yeshayah) "Mah Lecha Fo...Hash-m Metaltelcha Taltelah Gaver" (He will drag you like a man).
(d) (Rav): It is worse for a man to be dragged around than a woman (Iyun Yakov - this opposes his nature, man was created from the ground).
(e) (R. Yosi b'Rebbi Chanina): "V'Otecha Ato" - this teaches that he became a Metzora, by which is also says "V'al Safam Yateh".
(f) (Beraisa): "Yitznofecha Tzefenah Kador" - he wanted to disgrace his master's house, therefore his honor was turned to shame.
(g) When he left Yerushalayim to make Shalom with Sancheriv, Gabri'el closed the door in front of his camp.

1. Sancheriv's men: Where are your followers?
2. Shevna: They reconsidered.
3. Sancheriv's men: You mock us!
4. They pierced his ankles and hung him from the tails of their horses; they dragged him on thorns.

(h) (R. Elazar): Shevna indulged in pleasures - "Lech Ba El ha'Sochen", just as it says "Va'Tehi Lo Sochenes".
(i) (Rav Yehudah or Eina): "Ki ha'Shasos Yeharesun Tzadik Mah Pa'al" - if Chizkiyah and his followers would be trampled, where is the reward for their righteousness?
(j) (The other of Rav Yehudah and Eina): If the Beis ha'Mikdash would be destroyed, where is the reward for their righteousness?
(k) (Ula): If the Machshavos (plans) of that Rasha (Shevna) will not be foiled, where is the reward for Tzadikim?
(l) Question: According to Ula, we understand why it says "ha'Shasos Yeharesun"

1. We also understand according to the one who said 'If the Beis ha'Mikdash would be destroyed';

i. (Mishnah): There was a rock called Shesiyah (under the Aron) from the days of the early prophets.

2. But according to the one who said 'If Chizkiyah and his followers would be trampled', where do we find a Tzadik called Shesos?

(m) Answer #1: "La'Sh-m Metukei Eretz va'Yashes Aleihem Tevel".
(n) Answer #2: "Hifli Etzah Higdil Toshiyah".
(o) (R. Chanan): Torah is called Shesiyah because it saps a person's strength;

1. Alternatively: it is called Shesiyah because it was given b'Chashai (quietly), on account of the Satan.
2. Alternatively: it is called Shesiyah because it is Toho (non-physical) and the world is Meshusas (based) on it.

(p) Version #1 - Rashi - (Ula): Worry about finances makes a person forget (everything, even) Torah - "Mefer Machshevos Arumim v'Lo Sa'asenah Yedeihem Tushiyah".
(q) Version #2 - Ramah - (Ula): Planning (when one will accomplish something) inhibits a person from fulfilling it, even Torah - "Mefer..." (end of Version #2)
(r) (Rabah): If one learns Lishmah, planning will not harm his Torah - "Rabos Machashavos b'Lev Ish va'Atzas Hash-m Hi Sakum".

(a) (Mishnah - R. Yehudah): When is this?...
(b) (R. Avahu): The Halachah follows R. Yehudah.
(c) (R. Avahu): All of them must be announced by Beis Din (to be disqualified, until this they are Kosher).
(d) (Rav Acha or Ravina): A shepherd must be announced.
(e) (The other of Rav Acha and Ravina): He need not be announced.
(f) Question: According to the opinion that he need not be announced, we understand why Rav Yehuda taught that a shepherd is assumed to be disqualified;

1. But according to the opinion that he must be announced, why is this (he should be Kosher until Beis Din disqualifies him)!

(g) Answer: Rav Yehudah means, Beis Din may announce about him (without evidence), they may assume he should be disqualified.
(h) Two thieves were signed of a gift document; Rav Papa bar Shmuel thought to honor the document, because no announcement was made about the thieves.
(i) (Rava): No - announcement is only for thieves mid'Rabanan, thieves mid'Oraisa do not need announcement.

(a) (Rav Nachman): Those who take Tzedakah from Nochrim (which desecrates Hash-m's name) are disqualified from testifying.

1. This is only if they take in public - if they take privately, they are Kesherim.
2. Even if they take in public, this is only if they could take privately but do not;

i. If they have no choice but to take in public, this is their livelihood, they are Kesherim.

(b) (Rav Nachman): One who is suspected of sexual immorality is Kosher for testimony.
(c) Objection (Rav Sheshes): We give forty lashes (for bad repute), surely he is disqualified!
(d) (Rava): Rav Nachman admits that he is disqualified to testify about a woman.
(e) (Ravina): Rava refers to testifying (alone) that a man died (to permit his widow to remarry), he is Kosher to testify that she became Mekudeshes.
(f) Objection: This is obvious!
(g) Answer: One might have thought, he prefers that she be (established) to be married to increase his enjoyment - "Mayim Genuvim Yimtaku" - Ravina teaches, this is not so, when she is considered single, she is more available to him.
(h) (Rav Nachman): A thief of Nisan (harvest time) and Tishrei (time of gathering) is not considered a thief.

1. This only refers to a sharecropper who takes a small amount of something that need not be processed further (he considers himself like a worker who may eat while he works; in truth, since he receives a portion of the produce, he is not entitled to this).

(i) Rav Zvid had two farmhands (who do not receive a portion of the produce); one stole a Kav of barley, the other stole a cluster of dates, Rav Zvid disqualified both of them.
(j) Burial workers buried someone on Shavu'os (on the first day of Yom Tov) - Rav Papa excommunicated them and disqualified them from testifying;
(k) Rav Huna brei d'Rav Yehoshua was Machshir them for testimony.

1. Rav Papa: They are Resha'im!
2. Rav Huna brei d'Rav Yehoshua: They thought they were doing a Mitzvah.
3. Rav Papa: But I put them in Niduy (and they continued to bury on Yom Tov)!
4. Rav Huna brei d'Rav Yehoshua: They reasoned that the Mitzvah to bury the dead overrides Yom Tov, and your Niduy was for atonement (because they had to desecrate Yom Tov).