meta: {"file": "/data/tomer/Sefaria-Export/txt_done/Talmud/Bavli/Commentary/Rashi/Seder Nezikin/Rashi on Bava Metzia/English/merged.txt"}
text: Rashi on Bava Metzia
  רש"י על בבא מציעא
  merged
  
  This file contains merged sections from the following text versions:
  -Sefaria Community Translation
  -
  
  Rashi on Bava Metzia
  
  
  
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  1 Two are grasping the garment - The Mishnah is specifically talking about when the two men are grasping the garment.  Because they both have physical claim to it. And neither have a stronger hold than the other, because if only one person was holding it.  The other person would have to bring a proof that it is his with witnesses, and he wouldn't be allowed to take it after swearing.
  2 This one said it is all mine - The gemora will explain why it taught it twice.
  3 This one swears - The gemora will explain why he takes oath.
  4 That he doesn't have less than half - The gemora will explain what it helps if he swears in this manner. 
  
  Line 2
  
  He admits that the half belongs to his friend and we only judge him on his half (which he is claiming). Therefore, (when) this one says ‘all of it is mine’ he swears etc. like the first verdict [ie: the first case in the mishnah] what they judged on him (meaning) they both swear that each one has at least half of it and each one takes his half.
  
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  There were 2 riding... To teach that Riding and leading both of them are equal in terms of acquiring an animal out of ownerlessness. 
  
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  Before that it was picked up
  Like that was learned, Divide it!
  With complete control I picked it up first and you came and you grabbed it from my possession and I'm the one who really deserves it. 
  
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  Find it indicates it come into ones hands.... And even with this, we are refering to a Jew and not an idolater. So that you should not say " When did the Torah exclude Goyim from having their lost items returned to them? When that they are not in the hands of a Jew that is when you don't have to struggle to return the lost object. But when the lost item comes into ones hands your obligated to return it and his lost object is forbidden for you to keep". 
  
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  Mishna - <i>Elu Metziot</i>: If he found scattered produce - their owners have abandoned them; so they are ownerless, as it says in the gemara.
  Scattered coins - Since they do not have a clear identifying mark, he abandons [them], and they become ownerless. And this is the reason for all of [these items].
  Bundles (<i>Kerichot</i>) - Small sheaves. [It is] like we translate "gathering bundles" (Genesis 37:7), [as] <i>mekarkhan kerichan</i> in the Jerusalem Talmud.
  In a public area - as everyone tramples them. And if they had an identifying mark, it is surely destroyed.
  Of a baker - All baker's bread is the same, but bread [from the kitchen] of a homeowner has an identifying mark.
  From their state - As they are, when they are shorn like all of the the shearings in the state. [This is] to exclude those that come from the craftsman's home, as it is learned in the lower part (the next mishnah).
  Flax stalks - <i>Ristes</i> in the language of Ashkenaz (Germany); and in our place (France), it is <i>popedes</i>.
  Strips (literally, tongues) of purple wool - Combed and pulled wool, then dyed purple; and they are common.
  
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  Found a round cake - of figs.
  
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  <i>Anpurya</i> - it will be explained in the gemara.
  
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  Gemara: And how much - is [still] considered scattered?
  A <i>kav</i> - scattered in four [by four] cubits;  but in three [by three] cubits, it is not [considered] scattered. And the reason will be explained as we go.
  
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  If in a manner of falling - If he found them in the manner of being dropped; [such] that it can be ascertained that they were not placed there internationally, but rather fell.
  Even greater - than a <i>kav</i> as well; for there is no sign that [the owner] abandoned [them].
  And if in a manner of placement, etc.  - he will return and take them in the future.
  
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  The gathering on the threshing floor - At the time of the gathering of the threshing floors; and their owners thresh [the grain] and carry off the main part and leave these over.
  Great exertion - to collect them.
  Smaller than that -  If their scattering was in [an area] less than this.
  
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  Because they are not of significant [value] - to him, the <i>kav</i> of produce, to exert himself for them with the exertion of gathering [them] over four [by four] cubits. 
  
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  Sesame [seeds] - are very small, so there is more exertion than [with] wheat; but their value is high.  
  
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  Dates and pomegranates - are large, and there is no exertion in gathering them.
  
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  Despair (abandonment) that is not conscious - Something that in a standard case is abandoned when he knows that it fell from him; but when [the finder] found it, the owners did not yet know that it fell from them.
  Is not [considered] despair (abandonment) - Their argument will be explained in its continuation.  
  
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  That he ultimately despairs (abandons it) - after this one finds it. And the principle of abandonment is such as when he says, "Woe is me for the monetary loss" - as he reveals his thinking that he has despaired about [reclaiming] them.
  In a prohibited [manner] that it came into his possession - For it is something that is not prone to be abandoned.
  
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  By the tide (<i>zuto</i>) of the sea - Places on the seashore, where it is the way of the sea to return [to the shore] ten or fifteen <i>parsa</i> twice a day, so it sweeps away that which it finds there and goes. <i>Zuto</i> is an expression of largeness and expansion in the Greek language; like the sages wrote [in their Greek translation] to King Ptolemy, "and upon the exalted ones" (Exodus 24:11), [as] "and upon the zatuti" (Megillah 9a).
  Or by the flooding (<i>sheluliyato</i>) of a river - when it expanded and overflows its banks and takes booty (<i>sholel shelal</i>) and sweeps away that which is found. 
  The Merciful One permits it - and even when it comes to the finder before abandonment [by its original owner].
  Below - in our discussion, "From where do we know that a lost object swept away by a river, etc."
  
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  From now, that he despairs (it is abandoned) - For behold, it fell; and when he knows, his mind will no longer be upon it.
  
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  That is a deliberate loss - As it did not fall from him, and he knowingly placed them down [to be] ownerless.
  
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  Prone to feel - So before this one finds it, it is known to the owners that they fell and they abandon it.
  
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  Are heavy (literally, weighty) - A load that is heavy.
  
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  "Elderly people who walk [with] a cane - Poor elderly men walk slowly with their canes, so they see each and every sheaf. And the expression, <i>nemushot</i>, is like [its usage], "shall not depart (<i>yamushu</i>)" (Isaiah 59:21) - since they feel and [then] they go. 
  The gleaners after the gleaners - The expression, <i>nemushot</i>, is like [its usage], "not feel (<i>yamish</i>)" (Exodus 13:22) - as they take and feel everything from in front of them.
  
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  And why - if abandonment without awareness is not [considered] abandonment.
  Given that - concerning the poor people from here, it is abandonment with awareness; since they saw the <i>nemushot</i> walked through it. But the poor of another city do not yet know - so how is it that we are permitted it. Rather it is because their abandonment, when they do know, is [considered] abandonment from the time [the <i>nemushot</i>] left it. So it was permissible when it came to the hand of this one. 
  
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  Dried figs - Figs that are cut off with a scalpel, such that their sap flows out; and we spread them out on the field to dry. 
  And even in the side of a field of dried figs - A field in which we spread out figs to dry, as he knows that they came from them.
  Permitted [regarding] robbery - Even though he did not know when they fell; since once he will know, he will abandon [them], the abandonment is from now - like Rava.
  Exempt from tithes - like the law of ownerless property. As ownerless property is exempt form tithes.
  In [the case of] olives or of carobs, it is prohibited - like Abbaye.
  
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  Granted, the first clause [to] Abbaye - he can find to answer, that he knew from the beginning - as it continues to explain.
  
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  As it teaches, olives or carobs are prohibited - And you would think it is because they are not prone to fall and it cannot be said that [the finder] knew that [the owner] abandoned [them]. So even though once he will know, he will abandon [them], it is not [considered] abandonment from now.
  Its appearance proves about it - It is known whose it is from its appearance. Hence once its owner knows that it fell, he will not abandon [it]. For he will surely say, "Everyone knows that they are mine and they are not ownerless, so they will not take them."
  
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  Becomes disgusting with its fall - Hence since he know that they fall, he abandons [them] from the beginning because of [their] disgust. As from when it falls, it is not significant to him and he renders it ownerless.
  
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  Regarding hospitality - If people ask him if his host received him well. Answer them "no." This is a good character trait in order to prevent undesirable guests from inundating him [the host] and exhausting his resources.
  
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  Daf 33b
  
  
  
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  Since from the time of the disciples of Shammai and Hillel, three generations before him [meaning Rebbi], there were great disputes regarding the meanings of the Torah and there arose the possibility of there being two Torahs amongst Israel, due to the oppression of the kingdom [Rome] and the evil decrees passed against Israel. Because of these [troubles] they [the scholars of Israel] were unable to clarify the differing opinions and settle them, until [came] the time of Rebbi. Then did the Lord give favor unto Rebbi in the eyes of the Roman emperor, Antonius, and the troubles subsided, and Rebbi was able to gather all of the scholars of the Land of Israel to him [in Beit She’arim and Tzippori]. Until his [Rebbi's] days, there were no ordered tractates [of the Oral Law]  but rather every student studied and reviewed lectures that he heard from the great men and he ascribed to them these teaching s-"this halachah  heard from this and this scholar." Now, when they all gathered together [at Rebbi's yeshivah], each of the scholars repeated what he had learned and together they worked to clarify the reasons behind disparate opinions and they settled as to which opinion was to be deemed correct. And then they ordered these opinions and decisions into tractates: the laws of torts by themselves, the laws of levirate marriages by themselves, the laws of the Temple service by themselves, [etc]. And they quoted the opinions and decisions of many scholars anonymously, for Rebbi agreed with their decisions and therefore quoted them anonymously in order to indicate that so is the halachah.
  
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  One needs the knowledge of the owners - and if he [the shomer] did not inform them he is obligated to be responsible for them if it died or was stolen, because from when he took it [the sheep or the sela] it enters his ownership and an act of returning it without knowledge of the owners is not [considered] an act of returning.
  
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  Because of this wife of mine that, from the beginning, I sinned with, like in Genesis 2, “He took the rib and made a woman”
  
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  Even though she was being taken to be burnt, she did not say to them, “I had relations with Judah”, rather she sent word to him, “to whomever these belong, I am pregnant by”, and if he acknowledges it on his own, then he will.
  
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  Outside of the gates of wrong/oppression -- since [it refers to] the pain of the heart and it is close to [causing] tears to come down.
  
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  Until their wages - If they worked for him only a little and did not receive payment then he can hire on their expense. Whatever he owed the first workers he gives to the second group, and they finish the job.
  
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  The bundle has reached his hand - If he has a lot of their possessions. As contractors usually bring their tools to the house of the employer.
  
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  Guard for me and I will guard for you [gets the law of] a paid watchman: And he is obligated if it is stolen.
  But why [should be be obligated]? it is [a case of] watching with the owner: The owner of this object that was stolen was in the employ of the watchman, for also he [the guard] has a guard to him. And it is written: "If the owner is with him he shall not pay" (Shemos 22:14). And we expound later on "with him" [as] "in his employ". And even though this is written by a borrower, later we expound this also on every type of guard in Chapter "The Borrower" (Later, 95a)
  And I will guard for you tomorrow: that he is not in his employ now.
  
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  "And you shall do what is fair and good" - In this matter you (the would-be purchaser) loses nothing (for you can find other lots to purchase), so you should not trouble the owner of the adjoining property who might otherwise end up with many partial lots.
  
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  Before King Shapur -- It appears to me that this is the actual King Shapur who was King of Persia and was a legal expert. They said the teaching of Rabbi Shimon in the mishnah before him and he praised it, saying, 'אפריון נמטייה לר״ש' -- 'May [Rabbi Shimon] receive grace from us for this matter!' However, some say King Shapur here is [the sage] Shemuel, for in several places he is called this. However, this does not fit, for then what does it mean that 'they said [this teaching]'? If this refers to the teaching of Rabbi Shimon in the mishnah, did Shemuel not know the mishnah? And if this refers to the teaching of Ephrayim the Scribe, if Resh Lakish had not said that the law accord with Rabbi Shimon, did Shemuel not know the law well enough to praise Rabbi Shimon before hearing in the name of Resh Lakish that the law accords with him?
  'Apiryon' (אפריון) -- 'our grace.'
  
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