1)

(a)The Mishnah discusses a case where Shimon's animal or vessels (See Tos. Yom-Tov) on which Reuven is a Shomer are stolen or lost (See Tos. Yom-Tov). In order to be Patur from paying Reuven must swear that - he was not negligent, and that he did not 'lay a hand on it' (for his own personal use).

(b)The Tana is talking about - a Shomer Chinam (who looks after the object free of charge).

(c)In the event that Reuven opts to pay and the Ganav is subsequently found - the Ganav pays Kefel to Reuven (See Tos. Yom-Tov).

(d)If he is found after having Shechted or sold the animal - he pays Arba'ah va'Chamishah to Reuven.

(e)Should Reuven choose to swear and be Patur from paying - then the Ganav pays to Shimon (See Tos. Yom-Tov).

2)

(a)If an animal that dies a natural death whilst under the jurisdiction of ...

1. ... a Socher (a hirer) - the latter is Patur from paying, whereas ...

2. ... a Sho'el (a borrower) - is Chayav.

(b)One Shomer is permitted to hand over the object that he is guarding to another Shomer - only with the owner's permission.

(c)In a case where the cow that Reuven hired from Shimon and lent to Levi (with Shimon's permission) died a natural death, the Tana Kama - obligates Reuven to swear that the cow died a natural death and ...

(d)... Levi then pays Reuven (See Tos. Yom-Tov).

3)

(a)Rebbi Yossi disagrees - inasmuch as it is not correct for Reuven to make money out of Shimon's cow (See also Tos. Yom-Tov).

(b)He therefore rules - that Levi pays Shimon.

(c)The Halachah is - like Rebbi Yossi.

4)

(a)The Mishnah rules, in a case where Reuven admits that ...

1. ... he stole from one of two men but doesn't know which one - that he must pay each one.

2. ... the father of one of two men deposited a Manah by him and he doesn't know which one - he must give each one a Manah.

(b)Despite the fact that the Tana is speaking where neither man claimed from him, he is Chayav to pay twice - because he wants to fulfill his moral obligation ('Latzeis Y'dei Shamayim').

(c)If they both claim from him - they are both obligated to swear (See Tos. Yom-Tov).

(d)If they do both claim from him, he is obligated to pay twice in the case of ...

1. ... the Ganav - as a K'nas (for stealing).

2. ... the Shomer - because the onus of remembering whose father gave him the money lay on him (See Tos. Yom-Tov DH 'O Aviv').

5)

(a)In a case where Reuven and Shimon deposit money by Levi, one a Manah (a hundred Zuz), the other two. In the event that each one claims the two Manah, and Levi does not remember who gave him the two Manah, the Tana Kama rules - that he gives each one a Manah ...

(b)... and the third Manah - he puts away until Eliyahu comes (See Tos. Yom-Tov) ...

(c)... because, since they deposited the money by him simultaneously without taking any precautions, they clearly trusted each other (and it is as if they gave Levi the three hundred Zuz in one bag [See Tos. Yom-Tov]).

(d)Rebbi Yossi says that one puts all three Manah away until Eliyahu comes - because that is the only way to force the swindler to confess.

6)

(a)The same Machlokes between the Tana Kama and Rebbi Yossi applies in a case where Reuven and Shimon give two vessels to Levi look after, one worth a Manah, the other, a thousand Zuz. The Tana Kama rules that, if both owners subsequently claim the larger vessel from Levi, and he cannot recall who gave him the larger one - he gives the smaller vessel to one of them, and the equivalent amount from the proceeds of the larger vessel after selling it to the other one. The rest, he puts away until Eliyahu comes.

(b)As in the previous case, Rebbi Yossi maintains - that he puts both vessels away until Eliyahu comes.

(c)The Tana finds it necessary to present the second case - to teach us that, in spite of the loss to the owner of the larger vessel, the Tana Kama repeats his ruling (and does not concede to Rebbi Yossi there).

(d)The Halachah in both cases is - like the Tana Kama.

7)

(a)The Tana Kama forbids Reuven to touch 'fruit' that Shimon has given him for safekeeping even if it is 'going lost'. He means by ...

1. ... 'going lost' that - some of it is either mouse-eaten or has gone bad.

2. ... 'forbidden to touch it' that - he is not permitted to sell it and hand Reuven the proceeds ...

(b)... because we assume that a person prefers one Kav of his own to nine Kabin of somebody else's (See Tos. Yom-Tov).

(c)Rabban Shimon ben Gamliel permits selling it - because he maintains, it is akin to Hashavas Aveidah (since he is saving the owner from a loss).

(d)The Tana Kama concedes to Rabban Shimon ben Gamliel that one sells it - if it is losing more than the anticipated amount (See next Mishnah [See also Tos. Yom-Tov]).

8)

(a)If Reuven gives Shimon 'fruit' to look after and some of it is eaten by mice or goes bad - the latter returns it as it is (irrespective of how much has been lost).

(b)And when the Mishnah permits Shimon to deduct 'Chesronos' (the assessed amount that got lost), he is talking - where he mixed it with his own produce and used it, but does not know how much he actually ate.

(c)To understand the following Mishnah, there are thirty Sa'ah in a Kur - and six Kabin in a Sa'ah.

9)

(a)The Tana allows Shimon to deduct nine half-Kabin Chesronos per Kur of wheat and of ...

1. ... rice, and nine Kabin for ...

2. ... barley and Dochen (millet).

(b)He allows him three Sa'ah per Kur of spelt - and of flax.

(c)When the Tana Kama says 'ha'Kol L'fi ha'Midah ha'Kol L'fi ha'Zeman', he means that - the above amounts are per Kur (double for two Kur, and triple, for three) per annum.

(d)Rebbi Yochanan ben Nuri - argues that the mice eat the above amounts, irrespective of how many Kurin there are (See Tos. Yom-Tov).

10)

(a)According to Rebbi Yehudah, if Reuven deposited a large amount- ten Kur or more by Shimon, the latter may not deduct anything ...

(b)... because, based on the fact that one tends to deposit one's produce in the summer, when they are dry, and take it back in the winter, when, due to the wetness, they have expanded, and the expansion covers the losses.

(c)The Halachah regarding both the Machlokes between the Tana Kama and ...

1. ... Rebbi Yochanan ben Nuri and ...

2. ... the Tana Kama and Rebbi Yehudah is - like the Tana Kama.

(d)The above Shi'urim are confined to Eretz Yisrael. Regarding the Halachah in other countries - it depends on the equivalent amounts that tend to get eaten and to go bad in each country independently.

11)

(a)According to the Tana Kama, one deducts one sixth Chesronos for wine. Rebbi Yehudah says - a fifth (See Tos. Yom-Tov).

(b)The two opinions do not argue - because the earth that they used in Rebbi Yehudah's town to manufacture barrels simply absorbed more wine than the earth used in the town of the Tana Kama.

12)

(a)One and a half Lugin out of three per hundred Chesronos that one deducts for oil is due to dregs, the other one and a half Lugin is - because of absorption.

(b)One does not deduct Chesronos ...

1. ... of dregs from oil - if the oil has been purified.

2. ... of absorption from oil - if the barrels being used are old ones that have already absorbed as much as they can contain.

(c)Based on the previous ruling, Rebbi Yehudah comments that someone who purchases oil the whole year round - must be prepared to accept one and a half Lugin of dregs per hundred.

(d)The Halachah is - like the Tana Kama.

13)

(a)The Mishnah rules that in a case where Reuven deposits a barrel with Shimon without designating a location where it should be kept, if Shimon moves the barrel and it breaks whilst he is moving it, assuming he moved it for ...

1. ... the sake of the barrel - he is Patur.

2. ... for his own use (See Tos. Yom-Tov) - he is Chayav.

(b)If it breaks after he returned it to where it was lying earlier - he is Patur either way.

(c)The author of the Reisha is Rebbi Yishmael, who says that if Shimon steals a lamb from Reuven's flock and returns it without informing him - he is Patur (See Tos. Yom-Tov).

(d)... and who therefore holds that, in a case where Reuven designated a location in Reuven's house where the barrel should be kept - there is all the more reason to rule that he is Patur in the last case.

14)

(a)The author of the Seifa, which speaks where Reuven initially designated a location where the barrel should be kept, declares Shimon Chayav even if it breaks where, after he took it for his own purposes, he returned it to its original place, is Rebbi Akiva (See Tos. Yom-Tov). According to Rebbi Akiva, if after stealing a sheep from Reuven's flock he returns it without informing him - he is Chayav.

(b)Consequently, in the above case, where Reuven did not designate a location in Reuven's house where the barrel should be kept - there is all the more reason to declare him Chayav.

15)

(a)Based on the Pasuk in Re'ei "Vetzarta ha'Kesef be'Yadecha", someone who receives money as a Pikadon, wraps it up and slings it behind him - will be Chayav.

(b)We learn this from the above Pasuk, which teaches us that - whilst traveling, the only way to guard money is by holding it in one's hand.

(c)Someone who is not traveling - must hide it either in the ground or in the wall, a Tefach from the ceiling or from the floor (where thieves do not normally look).

(d)He will be Patur, irrespective of how he looks after the money - if he stipulated with the owner that that is how he will look the money.

16)

(a)When the Tana rules that if the Shomer gives the Pikadon to his son or daughter to look after, he is Chayav - he is referring to a son and a daughter who are Ketanim.

(b)If they are Gedolim - he is Patur, provided they swear that they guarded in the manner that Shomrim do (See also Tos. Yom-Tov).

(c)A Shomer who hands over the Pikadon to another Shomer is always Chayav - because the owner gave it to him to look after, and not to somebody else ...

(d)... with the exception of a grown-up son or daughter - whom he anticipates might be asked to look after it from time to time.

(e)This ruling is based on the principle that - when Reuven gives Shimon a Pikadon to look after, it is on the understanding that his wife and grown-up children are included.

17)

(a)The Mishnah rules that if a Shomer ...

1. ... locks the door behind the money - but not properly, he is Chayav (See Tos. Yom Tov DH 'Tzar'ran').

2. ... looks after the money the way a Shomer should - then he is Patur.

18)

(a)The Mishnah draws a distinction between money that one deposits by a banker wrapped - and sealed or tied with a special knot (See Tos. Yom-Tov), and money that one deposits loose.

(b)The Tana - permits the banker to use the latter but not the former.

(c)Consequently, should the money subsequently gets lost - he is Chayav in the former case, but Patur in the latter (See Tos. Yom-Tov DH 'Lefichach').

(d)His status in ...

1. ... the former case is - that of a Shomer Chinam.

2. ... the latter case before he actually uses it is - that of a Shomer Sachar (See Tos. Yom-Tov DH 'Im Tzerurin').

3. ... the latter case after he has used it is - that of a Loveh (a borrower) and he is Chayav for Onsin too.

19)

(a)An ordinary Ba'al ha'Bayis with whom one deposits money - may not use it even if it is not tied with a knot.

(b)According to Rebbi Meir, a storekeeper has the Din of a Ba'al ha'Bayis. Rebbi Yehudah says that - he has the Din of a banker.

(c)The Halachah is like Rebbi Yehudah.

20)

(a)A Shomer who takes the object he is charged to look after and uses it - becomes liable even for Onsin (See Tos. Yom-Tov).

(b)When Beis Shamai say about a Shomer who does so 'Yilkeh ...

1. ... be'Chaser', they mean - if he received a sheep laden with wool or that is pregnant - which he shore or which gave birth after he used it, he is Chayav to replace what he received (should anything happen to them)

2. ... be'Yeser', they mean - that if they became laden with wool or pregnant after he used it - that is what he must pay.

(c)Beis Hillel say 'ke'Sha'as Hotza'ah', by which they mean - whatever they were worth at the time that used it (See Tos. Yom-Tov).

(d)Based on the Pasuk in Vayikra "la'Asher hu lo be'Yom Ashmaso", Rebbi Akiva says that - he must pay what they were worth at the time that he appeared in Beis-Din (See Tos. Yom-Tov).

21)

(a)Beis Shamai rule that if a Shomer has in mind (See Tos. Yom-Tov) to use the object for himself and something happens to it before he has a chance to do so - he is Chayav.

(b)They learn it from the Pasuk in Mishpatim (in connection with a Shomer Chinam) "Al Kol D'var Pesha" - which implies that he is Chayav from the moment he makes a verbal decision to use it.

(c)Beis Hillel learn from the Pasuk there "Im Lo Shalach Yado bi'Meleches Re'eihu" - that he only becomes Chayav from the moment he actually uses it ...

(d)... and they learn from "Al Kol D'var Pesha" that - if his Eved or his Shali'ach use the Pikadon upon his (verbal) instructions, he (the Shomer) is Chayav (See Tos. Yom-Tov).

22)

(a)The Mishnah rules that if a Shomer tilts the barrel and helps himself to a Revi'is and the barrel breaks - he is Chayav to pay only for the Revi'is that he took ...

(b)... because one is only Chayav for Sh'lichus Yad, if one acquires it with a Kinyan (either with Meshichah or Hagbahah), but not by tilting it.

(c)He will be Chayav to pay for ...

1. ... the entire barrel - if he picked it up or made a Meshichah on it with the intention of helping himself to some of the wine (See To. Yom-Tov).

2. ... all the wine however - if it subsequently turned sour ...

(d)... because taking wine from the barrel caused the remainder of the wine to turn sour (See Tos. Yom-Tov).