1)
(a)Rav Huna also ruled like Rebbi Yehudah in his Machlokes with Rebbi Meir, regarding someone who gives wool to a dyer to dye red, and he receives it dyed black, or vice-versa. Rebbi Meir says 'Nosen lo D'mei Tzimro'. Why is that?
(b)What does Rebbi Yehudah say?
(c)Rav Yosef accepted Rav Huna's first ruling. Why did he then turn his face away from Rav Huna?
(d)Why did he consider that ruling redundant?
1)
(a)Rav Huna also ruled like Rebbi Yehudah in his Machlokes with Rebbi Meir, regarding someone who gives wool to a dyer to dye red, and he receives it dyed black or vice-versa. Rebbi Meir says 'Nosen lo D'mei Tzimro' - because he brands a craftsman who deviates from his instructions as a Gazlan, who acquires the article with Shinuy (by making a physical change in the article).
(b)Rebbi Yehudah - obligates the owner to pay whichever is the lesser of the dyer's expenses and the wool's price increase (because he objects to the idea that the latter should benefit from his sin).
(c)Rav Yosef accepted Rav Huna's first ruling, but turned his face away from him at the second - which, he held, was entirely unnecessary ...
(d)... because we would have known it anyway, since Rebbi arranged Rebbi Yehudah's opinion as a S'tam Mishnah after the Machlokes (and we have a principle 'Machlokes va'Achar-Kach S'tam, Halachah ki'Setam'.
2)
(a)The above Machlokes appears in Bava Kama. Where is the S'tam?
(b)Rav Huna disagreed with Rav Yosef, because he holds 'Ein Seider le'Mishnah'. How does he reconcile this with the principle 'Machlokes ve'Achar-Kach S'tam, Halachah ki'Setam'?
(c)What does Rav Yosef say to that? Does he not hold of 'Ein Seider le'Mishnah'?
(d)Even assuming that 'Ein Seider le'Mishnah' does apply here (like Rav Huna), Rav Yosef had good reason to turn his face away, bearing in mind the location of the Mishnah in Bava Metzi'a. Why is that?
2)
(a)The above Machlokes appears in Bava Kama. The S'tam - in Bava Metzi'a.
(b)Rav Huna disagreed with Rav Yosef, because he held 'Ein Seider le'Mishnah' - because the two Mishnahs occur in two different Masechtos. Had they occurred in the same Masechta, he too, would have conceded to the principle 'Machlokes ve'Achar-Kach S'tam, Halachah ki'Setam'.
(c)Rav Yosef counters that - the three Bavas (Kama, Metzi'a and Basra) are considered one Masechta, which in fact, he refers to as 'Nezikin'.
(d)However, even assuming that 'Ein Seider le'Mishnah' would not apply here (like Rav Huna), Rav Yosef had good reason to turn his face away - seeing as the Mishnah in Bava Metzi'a is located among a series of practical rulings ('Kol ha'Meshaneh Yado al ha'Tachtonah ve'Kol ha'Chozer Bo, Yado al ha'Tachtonah'), rendering it Halachah.
3)
(a)The Tana Kama in a Beraisa forbids Reuven to ask Shimon on Shabbos, whether he will be able to come in after Shabbos, indicating that he wants him to do some work (but without actually saying so). What does Rebbi Yehoshua ben Korchah say?
(b)Like whom does Rabah bar Chanah rule?
(c)What does the Tana Kama in another Beraisa say about Reuven going to ask for a second opinion after having received a ruling from a Rav that something is Tamei or Tahor?
3)
(a)The Tana Kama in a Beraisa forbids Reuven to ask Shimon on Shabbos, whether he will be able to come in after Shabbos, indicating that he wants him to do some work (but without actually saying so). Rebbi Yehoshua ben Korchah - permits it.
(b)Rabah bar Chanah rules - like Rebbi Yehoshua ben Korchah.
(c)The Tana Kama in another Beraisa - forbids someone who receives a ruling from a Rav that something is Tamei or Tahor, to go and ask another Rav for his opinion.
4)
(a)In a case where one Rav rules Tamei and another, Tahor, assuming that one of the two is greater than the other, the Tana rules that we follow his opinion. What does he say in a case where the two are equal?
(b)What does Rebbi Yehoshua ben Korchah say?
(c)Like whom does Rav Yosef rule?
4)
(a)In a case where one Rav rules Tamei and another, Tahor, assuming that one of the two is greater than the other, the Tana rules that we follow his opinion; whereas in a case where the two are equal - we always go le'Chumra.
(b)Rebbi Yehoshua ben Korchah rules - le'Chumra in matters that are min ha'Torah, but le'Kula, when they are mi'de'Rabbanan.
(c)Rav Yosef rules - like Rebbi Yehoshua ben Korchah.
5)
(a)What does Rebbi Meir in a Beraisa mean when he says (in connection with Gazlanim and Amei-ha'Aretz) 've'Chulan she'Chazru bahen Ein Mekablin osan Olamis'?
(b)Rebbi Yehudah agrees with Rebbi Meir only if their Teshuvah was done privately, but not if it was done in public. In the second Lashon, how does he apply this same distinction to Rebbi Meir's ruling, only in the reverse?
(c)What do Rebbi Shimon and Rebbi Yehoshua ben Korchah say, based on the Pasuk in Yirmiyah "Shuvu Banim Shovavim"?
(d)Like whom does Rebbi Yitzchak Ish K'far Acco amar Rebbi Yochanan rule?
5)
(a)When Rebbi Meir in a Beraisa says 've'Chulan she'Chazru bahen Ein Mekablin osan Olamis', he means that - Gazlanim and Amei-ha'Aretz can never be accepted into the realm of 'Chaverim' (regarding being believed on Ma'asros).
(b)Rebbi Yehudah agrees with Rebbi Meir only if their Teshuvah was done privately, but not if it was done in public. In the second Lashon, he applies this same distinction, only in the reverse - by confining Rebbi Meir's ruling to where they sinned in public, but not to where the sin was performed privately.
(c)"Based on the Pasuk "Shave Banim Shovavim", Rebbi Shimon and Rebbi Yehoshua ben Korchah maintain that - Teshuvah is always effective, irrespective of how they sinned or how they did Teshuvah.
(d)Rebbi Yitzchak Ish K'far Acco amar Rebbi Yochanan rules - like Rebbi Shimon and Rebbi Yehoshua ben Korchah.
7b----------------------------------------7b
6)
(a)We have already discussed the opinion of Rebbi Yishmael in our Mishnah, who forbids three days after the Nochri festivals as well as before. What does Rav Tachlifa bar Avdimi Amar Shmuel say about Sunday and the days of the week, according to him?
(b)What problem do we have with the Chachamim, who say in our Mishnah 'Lifnei Eidehen Asur, le'Achar Eidehen, Mutar'?
(c)We answer this Kashya in four ways. Firstly, we attach the Machlokes to the She'eilah we discussed earlier, as to whether 'three days' includes the festival or excludes it. What do the Chachamim here say?
6)
(a)We have already discussed the opinion of Rebbi Yishmael in our Mishnah, who forbids three days after the Nochri festivals as well as three days before. Rav Tachlifa bar Avdimi Amar Shmuel says that according to him, Sunday is a festival, and all the days of the week are therefore prohibited (three days before and three days afterwards).
(b)The problem with the Chachamim, who say in our Mishnah 'Lifnei Eidehen Asur, le'Achar Eidehen, Mutar' is that - they seem to be duplicating the ruling of the Tana Kama (in the previous Mishnah).
(c)We answer this Kashya in four ways. Firstly, we attach the Machlokes to the She'eilah we discussed earlier, as to whether the three days include the festival or exclude it. The Chachamim here hold - that 'three days' include it (seeing as the Tana Kama exclusives it, as we proved earlier).
7)
(a)Secondly, they argue over whether Bedieved, if someone did business with a Nochri, in spite of the prohibition, he is permitted to derive benefit from the proceeds (as we discussed earlier). What will the Chachamim here hold?
(b)Thirdly, they might argue over Shmuel's ruling. What does Shmuel say regarding the three days in the Golah?
(c)What is then the Machlokes between the Tana Kama and the Chachamim.
(d)And fourthly, they might be arguing over a ruling of Nachum ha'Madi in a Beraisa, who forbids only one day before the festival. What will the Chachamim then hold?
7)
(a)Secondly, they argue over whether Bedieved, if someone did business with a Nochri, in spite of the prohibition, he is permitted to derive benefit from the proceeds (as we discussed earlier). The Chachamim here - forbid it.
(b)Thirdly, they might argue over the ruling of Shmuel, who says that - in the Golah, Chazal forbade only the day of the festival itself.
(c)The Tana Kama holds like Shmuel, the Chachamim do not. Since the Chachamim do not explain over what they are arguing, we assume that - they come to forbid even what the Tana Kama permits (le'Chumra [and this reason applies to the previous explanation as well]).
(d)And fourthly, they might be arguing over a ruling of Nachum ha'Madi in a Beraisa, who forbids only one day before the festival. In that case, the Chachamim - will hold like Nachum ha'Madi (despite the fact that it is more lenient), seeing as they do not mention three days, whereas the Tana Kama does not.
8)
(a)What did the Rabbanan comment, when Nachum ha'Madi forbade only one day before the festival?
(b)How could they say that, considering that the Chachamim in our Mishnah concur with him (as we just learned)?
(c)In another Beraisa, the Rabbanan made the same comment with regard to Nachum ha'Madi permitting the sale of a horse to a Nochri. What kind of horse was he referring to?
(d)On what grounds does he permit it? Why are we not afraid that people might come to sell other large animals to a Nochri?
8)
(a)When Nachum ha'Madi forbade only one day before the festival, the Rabbanan commented - 'Nishtaka ha'Davar ve'Lo Nomar' (meaning either that this was never said before or that it should not be repeated).
(b)We cannot query them from the Chachamim in our Mishnah, who concur with him (as we just learned) - because the Chachamim in our Mishnah are none other than Nachum ha'Madi himself.
(c)In another Beraisa, the Rabbanan made the same comment with regard to Nachum ha'Madi permitting the sale - of an old male horse in wartime to a Nochri ...
(d)... which he permitted - because it stands to do more harm than good (see Tosfos DH 'Sus'), rendering its sale unusual (and Chazal tend not to decree on unusual situations). Otherwise, they would have decreed on this horse on account of other large animal.
9)
(a)Why did Chazal prohibit the sale of a large animal to a Nochri?
(b)Why then, does ben Beseira, permit the sale of a horse?
(c)When the Rabbanan commented to Nachum ha'Madi that his opinion should be kept 'in wraps' because nobody agreed with him, why did they not take into account ben Beseira, who permits selling a horse?
9)
(a)Chazal prohibited the sale of a large animal to a Nochri - because one might come to lend or rent an animal to a Nochri over Shabbos, thereby contravening the La'av of "Lo Sa'aseh Kol Melachah Atah ... u'Vehemtecha".
(b)ben Beseira permits the sale of a horse - because a horse is used mainly for riding on, and riding a horse only entails an Isur de'Rabbanan (because of the principle 'Adam Nosei es Atzmo' ['a person carries himself']. And we have a principle that Chazal do not decree a decree on a decree).
(c)When the Rabbanan commented to Nachum ha'Madi that his opinion should be kept 'in wraps' because nobody agreed with him, they did not take into account ben Beseira, who permits selling a horse - because ben Beseira makes no distinction between a male or a female horse, or between a young horse and an old one. Consequently, Nachum ha'Madi holds like the Rabbanan, in which case he ought not to have permitted selling an old male horse.
10)
(a)In another Beraisa, Nachum ha'Madi requires aniseed to be Ma'asered, whether one picks it in the form of seeds, vegetables or stalks. Why is that? What is the Chidush?
(b)Why did the Rabbanan comment there too, that his opinion ought to be hidden, considering that Rebbi Eliezer says the same as him?
(c)What was Abaye's response, when Rav Acha bar Minyumi expressed surprise that whatever Nachum ha'Madi said, the Chachamim retorted 'Nishtaka ha'Davar ve'Lo Nomar'? Which is the one case that we do follow his opinion?
(d)Rav Acha bar Minyumi retorted that this case was different, because it is supported by Ashli Ravr'vi. What does 'Ashli Ravr'vi' mean?
(e)Whom did he mean by that?
10)
(a)In another Beraisa, Nachum ha'Madi requires aniseed to be Ma'asered, whether one picks it in the form of seeds, vegetables or stalks - because, since it is the way to eat it in any of these forms, he considers them all to be fully ripe and therefore subject to Ma'aser.
(b)The Rabbanan commented there too, that his opinion ought to be hidden, despite the fact that Rebbi Eliezer says the same as him - because Rebbi Eliezer is referring to garden aniseed, whereas he is referring to aniseed that grows in the field.
(c)When Rav Acha bar Minyumi expressed surprise that whatever Nachum ha'Madi said, the Chachamim retorted 'Nishtaka ha'Davar ve'Lo Nomar', Abaye responded that there is indeed one case where we do follow his opinion - namely, that a person is permitted to ask for his personal needs in the B'rachah of Shome'a Tefilah.
(d)Rav Acha bar Minyumi retorted that this case was different, because it is supported by 'Ashli Ravr'vi' - thick ropes or large trees (an allegoric reference to great Chachamim).
(e)What he therefore meant was - that this case was different, since it had the support of the Chachamim (as we shall see shortly).
11)
(a)In the Pasuk in Tehilim "Tefilah le'Ani ki Ya'atof, ve'Lifnei Hash-m Yishpoch Sicho", what does the word "Sicho" refer to?
(b)What does Rebbi Eliezer now learn from the Pasuk (with regard to the order of Davening)?
(c)And what does Rebbi Yehoshua learn from the Pasuk there "Eshpoch lefanav Sichi Tzarasi lefanav Agid"?
(d)How does ...
1. ... Rebbi Eliezer then interpret the Pasuk "Eshpoch Lefanav Sichi ... "?
2. ... Rebbi Yehoshua then interpret the Pasuk "Tefilah le'Ani ki Ya'atof ... "?
11)
(a)In the Pasuk in Tehilim "Tefilah le'Ani ki Ya'atof, ve'Lifnei Hash-m Yishpoch Sicho", the word "Sicho" refers to - the Amidah.
(b)Rebbi Eliezer therefore learns from the Pasuk that - one should first Daven for one's personal needs and then Daven the Amidah.
(c)Rebbi Yehoshua learns from the Pasuk there "Eshpoch lefanav Sichi Tzarasi lefanav Agid" that - the Amidah precedes Davening for one's personal needs.
(d)Rebbi ...
1. ... Eliezer interprets the Pasuk "Eshpoch lefanav Sichi ... " to mean that - David ha'Melech would Daven the Amidah after having already Davened for his personal needs.e
2. ... Yehoshua interprets the Pasuk "Tefilah le'Ani ki Ya'atof ... " to mean that - h would Daven for his personal needs after having Davened the Amidah.
12)
(a)We conclude that, seeing as neither Pasuk coincides exactly with either opinion, they must be arguing over the D'rashah of Rebbi Simla'i. What did Rebbi Simla'i Darshen from the Pasuk in Devarim "Hash-m Elokim, Atah Hachilosa Lehar'os es Avd'cha ... E'ebrah Na Ve'er'eh es ha'Aretz ha'Tovah"?
(b)On what grounds do we equate this with Rebbi Yehoshua's opinion?
(c)Why does Rebbi Eliezer disagree with Rebbi Simla'i?
(d)How will this explain Rebbi Eliezer's opinion here?
12)
(a)We conclude that seeing as neither Pasuk coincides exactly with either opinion, they must be arguing over the D'rashah of Rebbi Simla'i, who Darshens from the Pasuk in Devarim "Hash-m Elokim, Atah Hachilosa Le'har'os es Avdecha ... E'ebrah Na Ve'er'eh es ha'Aretz ha'Tovah" that - we are obligated to praise Hash-m before continuing with the regular Tefilah.
(b)We equate this with Rebbi Yehoshua's opinion - inasmuch as, due to the fact that our Tefilah begins with the praise of Hash-m, it would not be appropriate for our personal needs to precede Hash-m's praises.
(c)Rebbi Eliezer disagrees with Rebbi Simla'i. He maintains that - if Moshe, in his greatness, saw fit to praise Hash-m before proceeding to Daven, for us to do likewise would be considered arrogant.
(d)Consequently - there is no reason for our personal needs not to precede the Amidah like he said earlier (though seeing as the Pesukim there are ambiguous, as we explained, his source remains unclear).
13)
(a)The Chachamim disagree both with Rebbi Eliezer and with Rebbi Yehoshua. When does one Daven for one's own needs, according to them?
(b)Like whom is the Halachah?
(c)What alternative does Rav Yehudah b'rei de'Rav Shmuel bar Shilas in the name of Rav offer?
(d)And what does Rebbi ...
1. ... Chiya bar Ashi Amar Rav say about someone who has a sick person in his house, or someone who needs Parnasah?
2. ... Yehoshua ben Levi say about someone who has finished the Amidah?
13)
(a)The Chachamim disagree both with Rebbi Eliezer and with Rebbi Yehoshua. According to them - we insert our own needs in the B'rachah of Shome'a Tefilah (like Nachum ha'Madi ruled earlier).
(b)The Halachah is - like the Chachamim.
(c)Rav Yehudah b'rei de'Rav Shmuel bar Shilas in the name of Rav offers the alternative - of Davening for one's needs at the end of each of the middle B'rachos (for example, to ask for Divine Assistance to remember one's learning at the end of 'Chonen ha'Da'as' or to bring one back to Torah and Mitzvos at the end of 'Hashiveinu'.
(d)And Rebbi ...
1. ... Chiya bar Ashi Amar Rav permits someone who has a sick person in his house - to Daven for him in the B'rachah of 'Refa'einu', and for Parnasah - in the B'rachah of 'Barech aleinu'.
2. ... Yehoshua ben Levi - permits Davening at the end of the Amidah (before taking three steps backwards) for whatever one wants.