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1)

(a) Rebbi Yossi Hagelili in a Beraisa echoes our Mishnah, which ascribes the harsh judgement of the ben Sorer u'Moreh to his future actions, and not to his past ones.
What is the basis of this statement?

(b) What is the Torah afraid will happen?

(c) He also praises the death of Resha'im and laments their tranquillity, whilst he laments the death of Tzadikim and praises their tranquillity.
Why is tranquillity such a good thing for Tzadikim?

(a) Who, besides a ben Sorer u'Moreh, is judged according to his future actions, and not according to his past ones?

(b) To whom is the Tana of our Mishnah referring when he rules with regard to a 'Ba be'Machteres' who breaks vessels in the course of his break-in ...

1. ... 'Im Yesh Lo Damim, Chayav'?
2. ... 'Im Ein Lo Damim, Patur'?

(c) This latter ruling applies even if the Ganav is not sentenced to death.
Why is that? On what principle is the ruling based?

(a) Which Chazakah does Rava rely on as the basis for the Din of 'Ba be'Machteres'?

(b) What does 'Ein Lo Damim' therefore mean?

(c) Based on what principle does the Torah permit the owner to kill the Ganav?

(d) Why does Rav permit a Ba be'Machteres to retain vessels that he took in the course of the break-in?

(a) Why did Rava initially believe that Rav only exempted the Ba be'Machteres from paying if he broke the vessels (see Tosfos DH 'Mistavra'), but not from returning them if he took them?

(b) What made him change his mind? What did he mean when he said 've'ha'Elokim Amar Rav!'?

(c) In what grounds did Rava disagree with Rav?

(d) What do we attempt to extrapolate from our Mishnah 'Ba be'Machteres ve'Shiber es ha'Keilim, Ein Lo Damim, Patur'? On whom does this pose a Kashya?

(a) How do we attempt to answer this Kashya? If not for the inference, why does the Tana mention 'Shiber es ha'Keilim' (and not when he took them)?

(b) In fact though, he is a Mazik, whom we already know is Chayav to pay. Why is it not good enough to answer that he broke the vessels inadvertently?

(c) What is the significance of the final word 'Kashya' (as opposed to 'Tiyuvta')?

(a) What does the Beraisa say about someone who steals a purse on Shabbos, assuming that he ...

1. ... picked it up and carried it into the street?
2. ... drags it out into the street without actually picking it up?

(b) Why does this Beraisa pose a Kashya on Rava?

(c) How do we establish the Beraisa in order to reconcile Rava with it?

(d) Bearing in mind that Rava holds that Ba be'Machteres does not acquire the vessels that he steals, why did he refuse to accept the rams that a Ba be'Machteres had stolen from him, when he came to return them?

(a) What problem does the Beraisa have with the Pasuk "Ein Lo Damim, Im Zarchah ha'Shemesh Alav"?

(b) How does the Tana resolve this problem? What is the Torah coming to teach us?

(c) How does another Beraisa explain the Pasuk "Im Zarchah ha'Shemesh Alav, Yesh Lo Damim"?

(d) How do we establish the two Beraisos, to resolve the apparent discrepancy between them?

8)

(a) Rav declared that he would kill anybody who broke into his house via a tunnel except for Rav Chanina bar Shilo.
What made Rav Chanina bar Shilo different?

(b) Why can the reason not have been because he was a Tzadik?

(c) Why does the Beraisa find it necessary to teach us that even on Shabbos ...

1. ... "Ein Lo Damim" applies?
2. ... "Yesh Lo Damim" applies?

(d) What prompts the Tana to make this D'rashah?

(a) What does the Beraisa learn from ...

1. ... "ve'Hukah"?
2. ... "u'Meis"?

(b) Seeing as the Ba be'Machteres has nothing to fear from a third party, who, he knows, is not as concerned about the robbery as the owner, on what grounds is anyone allowed to kill him?

(c) From whom might we learn that one should be permitted to kill a Ba be'Machteres, in which case we would not require an independant Pasuk?

(d) Why indeed, can we not learn from Rotze'ach? What is the second case that makes it 'Sh'nei Kesuvim ha'Ba'in ke'Echad?

(a) How does the Tana learn from the Pasuk in Mishpatim "ve'Im ba'Machteres Yimatzei ha'Ganav ... " that 'Gago, Chatzero ve'Karfifo' is also Chayav?

(b) What does 'Gago, Chatzero ve'Karfifo' mean? In what way do they differ from Ba be'Machteres?

(c) Then why does the Torah present the case of Machteres?

(d) The second Lashon makes a distinction between Machteres and someone who breaks in through an open door.
What is the difference between them?

(e) How does one warn a Ganav who enters through an open door?

(a) What does Rav Huna say about a Katan who is chasing a Katan (or even a Gadol) with the intention of killing him?

(b) Since when is a Katan subject to warning?

(c) What does the Beraisa say about the case of a woman who is dying due to a difficult childbirth, with regard to killing the baby to save her ...

1. ... before he is born?
2. ... once the baby's head has emerged from the womb?

(d) Rav Chisda queried Rav Huna from there.
What was his reply?

(a) In view of the principle 'Ein Dochin Nefesh Mipnei Nefesh', how will we explain the episode in Shmuel, where a woman killed Sheva ben Bichri and tossed his head down to Yo'av (who was besieging the town) to save the other people?

(b) What does the Beraisa say about Levi who sees Reuven chasing Shimon, and Levi wants to kill Reuven to save Shimon? Must he first warn him (see Maharsha)?

(c) What does he then say to him?

(d) According to Rav Chisda, we establish the author of the Beraisa as Rebbi Yossi b'Rebbi Yehudah. About whom is the Beraisa then speaking?

(e) What would the Chachamim then hold?

(a) What distinction does another Beraisa make in a case where Levi warns Reuven who is chasing Shimon not to kill him, between a case where Reuven replies 'al-M'nas Kein Ani Oseh', and where he doesn't?

(b) How do we reconcile Rav Huna with this Beraisa?

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