Mishnah 1
Hear the Mishnah

1)

(a)The Mishnah discusses a case where Reuven and Shimon come into Beis-Din holding a cloak that each one claims to have found. What does the Tana rule?

(b)What must each one swear?

(c)Why does he not swear that ...

1. ... the entire garment belongs to him (to conform with his claim)?

2. ... half the cloak belongs to him, in keeping with what Beis-Din will give him)?

(d)How does the Shevu'ah that he makes satisfy both arguments?

(e)The Gemara establishes the case where each one is holding the fringes at opposite ends of the cloak. What would be the Din if they were both holding on to the actual cloak?

1)

(a)The Mishnah discusses a case where Reuven and Shimon come into Beis-Din holding a cloak that each one claims to have found. The Tana rules that - they divide the cloak (sell it and share the proceeds [See Tos. Yom-Tov 1 & 2]) after each one has sworn ...

(b)... that no less than half of it belongs to him (See Tos. Yom-Tov).

(c)He does not swear that ...

1. ... the entire cloak to him (to conform to his claim) - since he knows that he will not receive the entire cloak (See Tos. Yom-Tov).

2. ... half the cloak belongs to him, in keeping with what Beis-Din will give him) - because that is not what he is claiming.

(d)The Shevu'ah that he makes satisfy both arguments - inasmuch as it implies a. That the entire garment belongs to him, and b. that now that he is not permitted to swear accordingly, not less than half the garment belongs to him.

(e)The Gemara establishes the case where each one is holding the fringes at opposite ends of the cloak. If they were both holding on to the actual cloak - each one would acquire up to the point that he is holding, and they would swear over the rest (See Tos. Yom-Tov).

2)

(a)The Mishnah issues the same ruling in a case where each one claims that the entire cloak belongs to him. What is he then claiming?

(b)What does the seller say when asked to whom he sold it?

(c)What would be the Din if he corroborated one of the two men's claims?

(d)Why is that?

2)

(a)The Mishnah issues the same ruling in a case where Reuven and Shimon both claim the entire cloak - because he bought it from Levi (See Tos. Yom-Tov) ...

(b)... who claims that he sold the cloak to one of them but that they both thrust money into his hands, one with his consent, the other, without it, and he does not know which is which.

(c)If he corroborated one of the two men's claims - then the other one would have to swear to counter his claim ...

(d)... like any other case of one witness regarding money-matters (See Tos. Yom-Tov).

3)

(a)What is the significance of the Shevu'ah in our case?

(b)Why does the Tana find it necessary to teach us the Din in both cases. Had he presented only the case of ...

1. ... Metzi'a, what would we have thought regarding Mekach u'Memkar?

2. ... Mekach u'Memkar, what would we have thought regarding Metzi'a?

(c)Why does each one not swear that ...

1. ... the entire garment belongs to him (to conform with his claim)?

2. ... half the cloak belongs to him, in keeping with what Beis-Din will give him)?

(d)How does the Shevu'ah now conform with his claim?

3)

(a)The Shevu'ah - is a Takanas Chyachamim, to prevent people from grabbing objects that belong to others and claiming that it belongs to them.

(b)The Tana finds it necessary to teach us the Din in both cases. Had he presented only the case of ...

1. ... Metzi'a, we would have thought that - it is only by Metzi'a that one is obligated to swear, since a person easily allows himself to claim that the cloak belongs to him, since his friend obtained it free of charge from Hefker, so why shouldn't he also get half, but not by Mekach u'Memkar, where this argument does not apply.

2. ... Mekach u'Memkar, we have thought that - it is only there that one needs to swear, since just as his friend paid for the article, so is he too willing to pay half, but not by Metzi'a, where this argument is not applicable.

(c)Each one cannot swear that ...

1. ... the entire garment belongs to him (to conform to his claim) - since it is impossible for both claims to be correct.

2. ... half the cloak belongs to him, in keeping with what Beis-Din will give him) - because that is not what they are claiming.

(d)The Shevu'ah now conforms to his claim - because it is as if he is saying 'It all belongs to me, and even if you do not believe me, I swear that I have a stake in it, and that that stake is not less than half.

4)

(a)What if Reuven claims that the entire cloak belongs to him, whereas Shimon claims that half of it is his?

4)

(a)If Reuven claims that the entire cloak belongs to him, whereas Shimon claims that half of it is his - Reuven swears that not less than three-quarters belongs to him (See Tos. Yom-Tov), whilst Shimon swears that not less than a quarter belongs to him (See Tos. Yom-Tov), and they take accordingly (see Tos. Yom-Tov).

Mishnah 2
Hear the Mishnah

5)

(a)The Mishnah issues the same ruling with regard to Reuven and Shimon who are both riding an animal and each one claims that it belongs to him. What is the significance of the the fact that the Tana talks about riding the animal (as opposed to leading it).

(b)Does it make a difference whether the animal is moving or not?

5)

(a)The Mishnah issues the same ruling with regard to Reuven and Shimon who are both riding an animal and each one claims that it belongs to him. The Tana talks about riding the animal (as opposed to leading it) - to teach us that one can acquire an animal by riding it ...

(b)... even if it remains still (See Tos. Yom-Tov).

6)

(a)What if one of them is riding the animal whereas the other one is leading it?

(b)On what condition does the rider then acquire the animal?

(c)What does the Tana rule regarding where they came to an agreement or witnesses uphold both claims?

(d)Will this ruling even apply if Beis-Din have already obligated them both to swear?

6)

(a)If one of them is riding the animal and the other one is leading it - they both acquire it, and divide it with a Shevu'ah.

(b)However, the rider then acquire the animal - only if he causes the animal to move (by pressing it with his legs [See previous Tos. Yom-Tov]).

(c)In the event that they came to an agreement or witnesses uphold both claims - they divide the animal without having to swear...

(d)... even if Beis-Din have already obligated them both to swear (See Tos. Yom-Tov).

Mishnah 3
Hear the Mishnah

7)

(a)What will be the Din in a case where Reuven, who is riding on a horse (See Tos. Yom-Tov), spies a Metzi'ah and asks Shimon to give to him, and Shimon promptly picks it up and declares that he picked it up for himself?

(b)What will Reuven have to say to prevent Shimon from acquiring it?

(c)On what condition does the Mishnah deny Shimon ownership even if Reuven initially said 'Give it to me!'?

(d)Why is that?

7)

(a)If Reuven, who is riding on a horse (See Tos. Yom-Tov), spies a Metzi'ah and asks Shimon to give to him, and Shimon promptly picks it up and declares that he picked it up for himself - he (Shimon) acquires it (See Tos. Yom-Tov).

(b)To prevent Shimon from acquiring it - Reuven will have to ask him to acquire it on his behalf (in which case as soon as he picks it up, Reuven will acquire it [See Tiferes Yisrael]).

(c)Shimon will not acquire the article however, even if Reuven initially said 'Give it to me!' - if, after giving it to Reuven, he claims that he really picked it up for himself first (See Tos. Yom-Tov) ...

(d)... because, not having said anything when he picked it up, the Metzi'ah was Hefker as long as he held it. Consequently, as soon as he gave it into Reuven's hands, the latter acquired it, and Shimon is no longer believed.

Mishnah 4
Hear the Mishnah

8)

(a)What does the Tana say about a case where Reuven falls on a Metzi'ah in order to acquire and Shimon comes and picks it up?

(b)This ruling applies to a R'shus ha'Rabim only, but not to a Simta or to the side of the street. What is a Simta?

(c)What principle do a Simta and the side of the street share that does not apply to a R'shus ha'Rabim (that enables Reuven to acquire the Metzi'ah)?

(d)What is the source of this principle?

8)

(a)In a case where Reuven falls on a Metzi'ah in order to acquire and Shimon comes and picks it up, the Tana rules that - Shimon acquires it.

(b)This ruling applies to a R'shus ha'Rabim only, but not to a Simta - a private path (less than sixteen Amos wide) or to the side of the street (where the crowds do not normally walk).

(c)The principle that a Simta and the side of the street share (that enables Reuven to acquire the Metzi'ah) that does not apply to a R'shus ha'Rabim is - that the four Amos that surround a person acquire Hefker on his behalf (See Tos. Yom-Tov).

(d)The source of this principle is - a Takanas Chachamim to avoid squabbles (as to who found it first).

9)

(a)What if Reuven sees Shimon chasing a deer with a broken leg or fledglings that cannot yet fly, and declares that his field should acquire it on his behalf, to whim will it belong if Shimon subsequently catches it?

(b)Why is that?

(c)On what condition will his field not acquire the deer or the fledgling?

(d)What would the Din therefore be assuming the deer could run and the fledglings could fly?

9)

(a)If Reuven sees Shimon chasing a deer with a broken leg or fledglings that cannot yet fly, and declares that his field should acquire it on his behalf (See Tos. Yom-Tov), even if Shimon subsequently catches it - it will belong to Reuven ...

(b)... because since the animal is helpless, he is able to catch it. Consequently, it is considered guarded, and his field acquires it on his behalf (See Tos. Yom-Tov).

(c)His field will not acquire the deer or the fledgling however - if he is not standing beside the field or ...

(d)... if the deer is able to run and the fledglings, to fly.

Mishnah 5
Hear the Mishnah

10)

(a)What does the Mishnah say about the Metzi'os of a man's small son and daughter?

(b)What does small ...

1. ... son incorporate?

2. ... daughter incorporate?

(c)What is the reason for ...

1. ... the former?

2. ... the latter?

(d)Besides a man's Eved and Shifchah, who else does the Tana include in this list?

(e)What is the reason for the insertion of Eved ve'Shifchah ha'Cana'anim?

10)

(a)The Mishnah rules that the Metzi'os of a man's small son and daughter - belong to him.

(b)Small ...

1. ... son incorporates - a big son (who is bar-Mitzvah) as long as he still eats at his father's table (See Tos. Yom-Tov).

2. ... daughter incorporates - a Na'arah (between the ages of twelve and twelve and a half.

(c)The reason for ...

1. ... the former ruling is - because of 'Eivah' (to avoid Machlokes).

2. ... the latter ruling is - because the Torah gives all gains of a Na'arah to her father (See Tos. Yom-Tov).

(d)Besides a man's Eved and Shifchah, the Tana also includes - his wife in this list.

(e)The reason for the insertion of Eved ve'Shifchah ha'Cana'anim is - because if the Torah writes ("ve'Hisnachaltem osam") placing their bodies in His domain, how much more so their property.

11)

(a)What does the Mishnah say about the Metzi'os of one's ...

1. ... big son and daughter?

2. ... Eved and Shifchah ha'Ivrim?

3. ... divorced wife to whom he has not yet given her Kesubah?

11)

(a)The Mishnah rules that the Metzi'os of one's ...

1. ... big son and daughter ...

2. ... Eved and Shifchah ha'Ivrim - belong to them, as do the Metzi'os of one's ...

3. ... divorced wife, even if he has not yet paid her Kesubah (See Tos. Yom-Tov).

Mishnah 6
Hear the Mishnah

12)

(a)According to Rebbi Meir, on what condition does one return a Sh'tar-Chov that one finds?

(b)Why may one not return a one which contains Achrayus Nechasim?

(c)What do the Chachamim say?

(d)What is their reason?

(e)On which principle is it based?

12)

(a)According to Rebbi Meir, one returns a Sh'tar-Chov (See Tos. Yom-Tov) that one finds - provided it does not contain Acharayus Nechasim (the right to claim from the borrowers purchasers).

(b)One may not return one which does - because we suspect that in fact the Sh'tar has already been paid, and the borrower says that it hasn't, in which case the Sh'tar will be returned to the creditor. The creditor will then claim from the borrower's purchasers (who bought a field from him without Acharayus), and they (the creditor and the borrower) will divide the spoil (See Tos. Yom-Tov).

(c)The Chachamim maintain - that either way, one does not return the Sh'tar ...

(d)... since one can claim from the purchasers even if Acharayus is not specifically written in the Sh'tar ...

(e)... based on the principle 'Acharayus Ta'us Sofer Hu' (If it is not written in the Sh'tar, it is the Sofer's error).

Mishnah 7
Hear the Mishnah

13)

(a)The Mishnah now discusses Gitei Nashim and Shichrurei Avadim that one finds. On what grounds does the Tana forbid the finder to return them?

(b)He issues the same ruling regarding Daytiki, Matanah and Shovrim. What is ...

1. ... a Sh'tar Daytoki?

2. ... a Shover?

13)

(a)The Mishnah now discusses Gitei Nashim and Shichrurei Avadim that one finds. The Tana forbids the finder to return them - in case they were written but never given to the person in whose name they were written out (See Tos. Yom-Tov).

(b)He issues the same ruling regarding ...

1. ... a Sh'tar Daytiki - (the last will and testament that a man writes on his death-bed), a Matanah and ...

2. ... Shovrim - (receipts).

Mishnah 8
Hear the Mishnah

14)

(a)On the other hand, if someone finds Igros Shum, Igros Mazon, Sh'tarei Chalitzah u'Mi'unin and Sh'tarei Birurin the Mishnah rules that he is obligated to return them.

(b)What are ...

1. ... Igros Shum?

2. ... Sh'tarei Miyunin?

3. ... Sh'tarei Birurin?

(c)What might Igros Mazon mean besides a Sh'tar in which a husband undertakes to sustain his wife's daughter?

14)

(a)On the other hand, the Mishnah rules that someone who finds Igros Shum, Igros Mazon, Sh'tarei Chalitzah u'Mi'unin or Sh'tarei Birurin and all Ma'aseh Beis-Din (see Tos. Yom-Tov) - is obligated to return them.

(b)Igros Shum are documents in which Beis-Din assess the borrower's property for the creditor to claim [See Tos. Yom-Tov]). Igros ...

1. ... Mazon are either Sh'taros in which a husband undertakes to sustain his wife's daughters - or one in which Beis-Din sell the husband's fields to sustain his wife ...

2. ... Sh'tarei Mi'unin - in which Beis-Din declare that so-and-so performed Miy'un on her husband P'loni, in their presence.

3. ... Sh'tarei Birurin - in which each of the two litigants pick one judge to judge their case, and all Ma'aseh Beis-Din (see Tos. Yom-Tov) the Mishnah rules that he is obligated to return them.

(c)Igros Mazon might mean a Shtar for the sale of the husband's land in order to provide for his wife and daughters.

15)

(a)The Mishnah now discusses someone who finds a Tachrich or a bundle of Sh'taros in a Chafisah or in a D'luskama. If a Tachrich of Sh'taros is three Sh'taros rolled into a bundle and a Chafisah is a small leather flask, what ...

1. ... constitutes a bundle of Sh'taros? How many Sh'taros constitute a bundle?

2. ... is a D'lusk'ma?

(b)What is the Mishnah coming to teach us? Why might we have thought that one should not return them?

15)

(a)The Mishnah now discusses someone who finds a Tachrich or a bundle of Sh'taros in a Chafisah or in a D'luskama. A Tachrich of Sh'taros is three (See Tos. Yom_Tov) Sh'taros rolled into a bundle (See Tos. Yom-Tov) and a Chafisah is a small leather flask ...

1. ... a bundle of Sh'taros comprises three Sh'taros lying one on top of the other and ...

2. ... a D'lusk'ma is - a leather container in which elderly people tend to place their personal belongings, in order to find them easily.

(b)The Mishnah is coming to teach us that - if the owner con identify the Sh'taros either by the above containers of by the way they are lying, this is an acceptable Si'man, and that the finder is therefore obligated to return them.

16)

(a)What does Raban Shimon ben Gamliel say about someone who finds three Sh'taros with the same...

1. ... debtor who borrowed from three different creditors.

2. ... creditor who lent three different debtors?

(b)Why is that?

(c)Why will the latter Din not apply there where the three Sh'taros have not been stamped by the Beis-Din? What is one then afraid of?

(d)Why does the same problem not exist if the Sh'tar has been stamped by the Beis-Din?

(e)What if all three Sh'taros were written by the same Sofer?

16)

(a)Rabban Shimon ben Gamliel rules that if someone finds three Sh'taros of the same ...

1. ... debtor who borrowed from three different creditors - he must return it to the debtor.

2. ... creditor who lent three different debtors - he must return it to the creditor ...

(b)... because how would all three Sh'taros have otherwise landed in the same location?

(c)The latter Din will not apply there where the three Sh'taros have not been stamped by the Beis-Din - due to the possibility that the three creditors took them to the Sofer Beis-Din to be stamped and the Sofer lost them (See Tos. Yom-Tov).

(d)The same problem does not exist if the Sh'tar has been stamped by the Beis-Din - because creditors do not leave their stamped Sh'taros with the Sofer a moment longer than necessary.

(e)Even if all three Sh'taros were written by the same Sofer, he does not return them to the Sofer - because we are afraid that the Sofer lost them before any loan took place (See Tos. Yom-Tov, end of DH 'Yachzir la'Malveh').

17)

(a)If a person finds somebody else's Sh'tar among his Sh'taros and is unsure what it is doing by him, he has to contend with three possibilities; either the Malveh gave it to him for safekeeping or the Malveh. What is the third possibility?

(b)What does the Mishnah say he should do with it?

(c)What is a Simpon?

(d)What should Reuven (See Tos. Yom-Tov ) do if he finds a Simpon together with a Sh'tar-Chov against Shimon?

(e)If the Sh'tar has already been paid however, what is it doing in the hands of the Malveh?

17)

(a)If a person finds somebody else's Sh'tar among his Sh'taros and is unsure what it is doing by him, he has to contend with the possibilities that either the Malveh or the Loveh gave it to him for safekeeping - or that it was partially paid and they gave him the Sh'tar as an intermediary.

(b)The Mishnah rules - that he should keep it until Eliyahu comes.

(c)A Simpon is - a receipt.

(d)If Reuven (See Tos. Yom-Tov ) finds a Simpon together with a Sh'tar-Chov against Shimon - he should do whatever is written on the Simpon (i.e. assume that it has been paid and return it to the Loveh).

(e)Despite the fact that the Sh'tar has already been paid, we assume that it is in the hands of the Malveh - because the Loveh trusted him to return it the following day and he forgot.

D.A.F. TALMUD RESOURCES
FOR MASECHES BAVA METZIA