1)WHY ARE DICEPLAYERS DISQUALIFIED?

(a)(Mishnah - R. Yehudah): When is this? It is when they have no other profession. If they have another profession, they are Kesherim.

(b)Question: This shows that the reason is because they do not contribute to society. This refutes Rami bar Chama!

1.Suggestion: Chachamim argue with R. Yehudah, and they disqualify because it is Asmachta.

2.Rejection: R. Yehoshua ben Levi taught that whenever R. Yehudah says (in a Mishnah) 'when is this?' or 'what is the case?', he does not argue, he rather explains the first Tana;

i.(R. Yochanan): When R. Yehudah says 'when is this?', he explains. When he says 'what is the case?', he argues.

(c)Answer: Rami bar Chama is an Amora, just like R. Yehoshua ben Levi and R. Yochanan. He argues with them. He holds that 'when is this?' shows that R. Yehudah argues with the first Tana.

(d)Question: Surely, all agree that R. Yehudah argues with Chachamim!

1.(Beraisa): Whether or not he has a profession, he is disqualified. (This must be like Chachamim!)

(e)Answer: Really, the Beraisa is like R. Yehudah in the name of R. Tarfon.

1.(Beraisa - R. Yehudah citing R. Tarfon): (Reuven said 'I accept Nezirus if Ploni is a Nazir, and Shimon said 'I accept Nezirus if Ploni is not a Nazir.' . In any case, neither Reuven nor Shimon is a Nazir, because (acceptance of) Nezirus requires Hafla'ah (certainty. Likewise, betting is Asmachta, so it is not a Kinyan.)

2)THOSE WHO LEND WITH RIBIS

(a)(Mishnah): Those who lend on Ribis (may not testify or judge).

(b)(Rava): One who borrows on Ribis is disqualified.

(c)Question: The Mishnah taught 'those who lend with Ribis!'

(d)Answer: It means, a loan on Ribis disqualifies (the lender and borrower).

(e)Ploni testified 'I saw Bar Binisus borrow on Ribis', and Almoni testified 'I borrowed from Bar Binisus on Ribis.' Rava disqualified Bar Binisus.

(f)Question: Rava said that one who borrows on Ribis is disqualified. If so, Almoni is a Rasha - "Al Tesht Rasha Ed"!

(g)Answer: Rava ruled like another of his teachings.

1.(Rava): One is considered a relative with respect to himself, so he cannot disqualify himself by saying that he is a Rasha.

(h)A butcher said that he sells Kosher meat, and it was found to be Treifah. Rav Nachman disqualified (many texts say - excommunicated) him and deposed him.

1.The butcher let his hair and nails grow (signs of repentance); Rav Nachman thought to return him to his post.

2.Rava: Perhaps he is scheming!

(i)Question: How do we know that he has repented?

(j)Answer: Rav Idi bar Avin taught that one suspected to sell Treifah meat in the guise of Kosher is not trusted until he goes to a place where he is not known and returns a valuable lost object or admits that one of his animals is Treifah, and suffers a major loss.

3)MAFRICHEI YONIM

(a)(Mishnah): Mafrichei Yonim (are disqualified).

(b)Question: What does this mean?

(c)Answer #1 (Chachamim of Bavel): It is people who bet 'if my dove will come before your dove...'

(d)Answer #2 (Rav Chama bar Oshaya): It is people who train their doves to lure other doves after them (i.e. they take others' doves).

(e)Question: Why didn't Chachamim of Bavel say this?

(f)Answer: That is (not real theft, for flying birds are Hefker. Taking them is) considered theft only mid'Rabanan, due to Darchei (the ways of) Shalom.

(g)Question: Why didn't Rav Chama bar Oshaya say that they race birds?

(h)Answer: The Mishnah already taught diceplayers!

1.Chachamim of Bavel say that the Tana needed to teach both. Diceplayers expect to win due to their own skill. Bird racers expect to win due to their birds.

2.Had the Tana taught only one who relies on himself, one might have thought this is Asmachta, for he is sure that he knows better, but one who relies on his bird realizes that he may win or lose (and resolves to pay if he loses);

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3.Had he taught only one who relies on his bird, one might have thought that this is Asmachta, for he is sure he will win, for he is more skilled to bang on boards to make his bird go faster, but a diceplayer realizes that he may lose.

(i)Question (Beraisa): Diceplayers are people who play (and bet) with chips of wood, or nut shells or pomegranate rinds;

1.Question: How do we know when they have repented?

2.Answer: It is when they break their chips and fully cease their former actions, and they do not even play without betting.

3.People who lend on Ribis are disqualified, and also people who borrow on Ribis;

i.We know that they have repented when they tear up their documents and fully cease their former actions, and do not lend even to Nochrim on Ribis.

4.Mafrichei Yonim are people who incite their doves. The same applies to those who incite Behemos or Chayos (domestic or wild animals) or birds;

i.We know that they have repented when they break their boards and fully cease their former actions, that they will not do so even in the wilderness.

5.Socharei Shemitah are people who buy and sell Shemitah Peros;

i.We know that they have repented when the next Shemitah comes, and they refrain.

ii.R. Nechemyah says, verbal repentance does not suffice. They must return money, e.g. 'I profited 100 Zuz from selling Shemitah Peros. I give it to the poor.'

6.Summation of question: It says that Mafrichei Yonim applies also to Behemos. This is like the opinion that Mafrichei Yonim race doves;

i.However, if Mafrichei Yonim train their doves to lure other doves after them, this does not apply to Behemos! (It is clear from below that we know Chayos that bring others' animals.)

(j)Answer: It applies to Shor ha'Bar (a wild ox or bison. One can train it to lure animals from quarries. Also this is theft due to Darchei Shalom.)

1.This is like the opinion that Shor ha'Bar is a Behemah.

i.(Mishnah): Shor ha'Bar is a Behemah;

ii.R. Yosi says, it is a Chayah.

4)OTHERS WHO ARE DISQUALIFIED

(a)(Beraisa): Chachamim later decreed that also robbers and Chamsanim (people who force others to sell) are disqualified.

(b)Question: Robbers are disqualified mid'Oraisa!

(c)Answer: This refers to one who takes an object found by a child, lunatic or deaf-mute;

1.Originally, they did not disqualify them, for it is not common, or, because it is theft only due to Darchei Shalom;

2.Later, they disqualified them, for they do take others' money.

(d)Originally, they did not disqualify Chamsanim, for they pay. They merely coerce the owner to sell (the sale is valid);

1.Later, they disqualified them, for they saw that they take and give money, even if the owners do not agree to sell.

(e)(Beraisa): Chachamim later decreed that also shepherds, Gaba'im and Muchsim (tax collectors) are disqualified.

1.Originally, they did not disqualify shepherds, for they thought that it is just by chance that their animals graze in others' fields;

2.Later, they disqualified them, for they saw that they intend for this.

3.Originally, they did not disqualify tax collectors, because they thought that they only take what they are entitled to;

4.Later, they disqualified them, for they saw that they take more than they should.

(f)(Rava): Shepherds of small animals (i.e. that do not work) and of big animals are disqualified.

(g)Contradiction (Rava): Shepherds of small animals in Eretz Yisrael are disqualified. In Chutz la'Aretz they are Kesherim;

1.Shepherds of big animals are Kesherim even in Eretz Yisrael.

(h)Resolution: The latter teaching refers to people who raise animals in their houses (big animals can be guarded properly, but small animals escape and graze in others' fields. The former teaching refers to people who raise animals in the field. Even big animals graze in others' fields.)

(i)Support (Mishnah - R. Meir): If one party said 'you may use my father, or your father, or three cattle shepherds...'

1.Suggestion: He allows the other party to use them for witnesses (but normally, they are disqualified)!

(j)Rejection: No, he allows the other party to use them for judges. (Letter of the law, they are Pasul, for are unlearned).

(k)Support: Presumably, this is correct, for the Mishnah mentions three cattle shepherds. If he accepts them to testify, only two are needed!

(l)Question: If he allows the other party to use them for judges (but normally, they are Pasul for they are unlearned), why does it mention shepherds? It could have mentioned any three unlearned people!

(m)Answer: Shepherds are not normally in town and never see Beis Din. This is a Chidush (that Chachamim say that even so, he cannot retract.)

(n)(Rav Yehudah): We assume that a shepherd is disqualified (even before we see him graze animals in others' fields). We assume that a tax collector is Kosher (until we hear that he takes too much).

(o)R. Zeira's father collected taxes for 13 years. He would collect a minimal amount, and tell the mayor that there are few people in the city. When the mayor was around, R. Zeira's father would tell people to hide, lest the mayor see many people and demand more taxes.

1.To Chachamim, he would say "Lech Ami Bo va'Chadarecha." He did not fear lest they inform on him that he tells them to hide;

2.To others, he would hint subtly that the mayor will demand more if he sees many people. They understood and hid.

(p)When he was dying, he commanded 'I have 13 coins wrapped up. I collected them from Ploni. Return them, for I will not need to give to them to the mayor.'

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