Mishnah 1
1)
What does the Mishnah say about a case where Reuven sells Shimon fruit (grain), the latter plants it but it does not grow?
What do we mean when we say that he sold it 'S'tam'?
The Tana adds that applies even to flax seeds. Why does he say 'even'?
Why do we not go after the majority?
1)
The Mishnah rules that if Reuven sells Shimon fruit (grain), and the latter plants it but it does not grow - Reuven is not responsible.
When we say that he sold them 'S'tam', we mean that - he did not specify whether he was selling them to eat or to plant.
The Tana adds that this applies even to flax seeds - most of which people purchase for planting.
We do not go after the majority - because in money matters, we do not follow the majority (See Tos. Yom-Tov).
2)
What does Rabban Shimon ben Gamliel say about garden seeds?
Why is that?
What does the Tana Kama say about garden seeds?
Then why does the Mishnah present him as a different opinion?
2)
Rabban Shimon ben Gamliel says that in a case of garden seeds, - Reuven is responsible ...
... since nobody eats them.
The Tana Kama - is in fact Rabban Shimon ben Gamliel ...
... and we add a few words to the Mishnah to turn it into one opinion (with Rabban Shimon ben Gamliel simply adding the Din of garden seeds on to that of flax-seeds [See also Tos. Yom-Tov]).
Mishnah 2
3)
How much soil must Shimon be prepared to accept per Sa'ah, if he purchases fruit from Reuven?
If he purchases from him figs, how many wormy ones must he be prepared to accept?
And if he purchases from a wine-cellar, the Mishnah rules that he has to accept ten 'Kos'sos' per hundred barrels. What are 'Kos'sos'?
Is there any difference between large barrels and small ones?
3)
If Shimon purchases (See Tos. Yom-Tov) fruit from Reuven, he must be prepared to accept - a quarter of a Kav per Sa'ah (one in twenty-four).
If he purchases from him figs, he must be prepared to accept - ten in a hundred (one in ten [See Tos. Yom-Tov]) wormy ones.
And if he purchases from a wine-cellar, the Mishnah rules that he has to accept ten 'Kos'sos' - barrels containing bad wine per hundred ...
... irrespective of whether the barrels are large or small.
4)
The above ruling is confined to where Reuven specifically stated that he is selling him 'this wine-cellar for use in stew-making'. What is the significance of wine that is used for stew-making?
What will the Din therefore be if he stipulated that he is selling him ...
... '(Stam) wine for stew-making'?
... 'wine (S'tam)'?
... 'this cellar-full' (without mentioning wine)?
The Mishnah rules that someone who purchases wine-jars in the Sharon (flat land), must be prepared to accept ten Pitasya'os per hundred. What are 'Pitasya'os'?
What is the reason for this ruling?
4)
The above ruling is confined to where Reuven specifically stated that he is selling him 'this wine-cellar for use in stew-making' - which is generally of a high quality.
Consequently, if he stipulated that he is selling him ...
... '(Stam) wine for stew-making' - Shimon will not need to accept even one barrel of bad wine (See Tos. Yom-Tov).
... 'wine (S'tam)' - then he can insist on regular-quality wine that is sold in a store (See Tos. Yom-Tov).
... 'this cellar-full' (without mentioning wine) - then even if it is all sour he must accept it.
The Mishnah rules that someone who purchases wine-jars in the Sharon (flat land), must be prepared to accept ten ' Pitasya'os ' - earthenware jars that have not yet properly dried and that therefore absorb the wine and exude it ...
... since that quality earthenware is common in the Sharon area.
Mishnah 3
5)
If Reuven sells Shimon wine and it turns sour, he is not liable. Why is that? In whose barrels is the wine?
What if the wine is still in Reuven's barrels?
Why can Reuven not argue that it is Shimon's fault for leaving the wine in the barrels for so long?
5)
If Reuven sells Shimon wine and it turns sour, he is not liable - because it is speaking where the wine is in Shimon's barrels and the chances are that it was his barrels that caused the wine to turn sour.
If, on the other hand, the wine is still in Reuven's barrels - Shimon can say to him 'Take back your barrels and take back your wine!'
Nor can Reuven argue that it is Shimon's fault for leaving the wine in the barrels for so long - because it also speaks where Shimon specified at the outset that he was purchasing the wine to use for stew-making (where one only uses a little at a time), and not to drink (See Tos. Yom-Tov).
6)
What does the Tana say in a case where Reuven's wine tends to go sour after twelve months (See Tos. Yom-Tov)?
Why is that?
6)
In a case where Reuven's wine tends to go sour after twelve months (See Tos. Yom-Tov), the Tana rules that - it is a negated sale ...
... because, since (as we learned in the Reisha) it is speaking where Shimon purchased the wine to last for stew-making, Reuven ought to have informed him of his wine's tendency to turn sour.
7)
If Reuven sells Shimon spiced wine, up to when can Shimon expect it to last?
Why is that?
What is Shimon entitled to if Reuven sells him wine that he calls ...
... 'Yashan'?
... 'Meyushan' (See Tos. Yom-Tov)?
7)
If Reuven sells Shimon spiced wine, Shimon can expect it to last - up until Shavu'os ...
... because after that, the heat tends to spoil it (See Tos. Yom-Tov).
If Reuven sells him wine that he calls ...
... 'Yashan" - Shimon is entitled to expect it to be one year old (that it was made last year).
... 'Meyushan' - he is entitled to expect it to be in its third year (from the year before last [See Tos. Yom-Tov]).
Mishnah 4
8)
According to Rebbi Akiva, if Reuven sells Shimon a plot of land to build 'a house' for his newly-married son or widowed daughter to live, what must it measure?
Why does the Tana refer to a widowed daughter and not newly-married one?
On what grounds does Rebbi Yishmael object to Rebbi Akiva's ruling?
8)
According to Rebbi Akiva, if Reuven sells Shimon a plot of land to build 'a house' it must measure at least four by six Amos (Note: 'Bayis' can be equally translated as 'a room', as it is in all the current cases).
The Tana refers to a widowed daughter and not newly-married one - since it is unusual for a newly-married couple to move into their parents' home.
Rebbi Yishmael objects to Rebbi Akiva's ruling - because six by four Amos is fit for an ox-stable and not for human habitation.
9)
If, according to Rebbi Yishmael, six by four Amos is the size of an ox-stable, what is the minimum sized of ...
... a small size 'house'?
... a large house?
... a mansion (in which aristocracy generally live)?
How does one assess the height of each of the above buildings?
9)
According to Rebbi Yishmael, six by four Amos is the size of an ox-stable (See Tos. Yom-Tov DH 'ha'Rotzeh La'asos'), whereas the minimum size of ...
... a small size house is - six Amos by eight.
... a large house - eight Amos by ten.
... a mansion (in which aristocracy generally live) - ten Amos square.
One assesses the height of each of the above buildings - by adding up the length and the breadth and dividing it by two.
10)
On what is the above assessment of the height of each of the above-mentioned houses based?
What were the measurements of the Heichal?
Rabban Shimon ben Gamliel says 'ha'Kol ke'Binyan Heichal'. Some say that Rabban Shimon ben Gamliel is the author of the previous ruling. According to others, he is querying it. What is his Kashya?
According to the second explanation, how does one then assess the height of the house?
10)
The above assessment of the height of each of the above-mentioned houses is based - on the Heichal (the Kodesh of the first Beis-ha'Mikdash [See Tos. Yom-Tov]) ...
... which measured - forty by twenty Amos and was thirty Amos tall.
Rabban Shimon ben Gamliel says 'ha'Kol ke'Binyan Heichal'. Some say that Rabban Shimon ben Gamliel is the author of the previous ruling. According to others, he is querying it - in that not everybody builds that way?
According to the second explanation - the height of the building is determined by local custom.
Mishnah 5
11)
What is the Din regarding the time of access to the water-pit (See Tos. Yom -Tov) that Reuven owns behind Shimon's house?
What does the Mishnah say about watering his animals from it?
The Tana authorizes both Reuven and Shimon to install a lock and key. What purpose does the lock and key serve vis-a-vis ...
... Shimon?
... Reuven?
Why is the former necessary?
11)
The Din regarding the time of access to the water-pit (See Tos. Yom -Tov) that Reuven owns behind Shimon's house is that - he is permitted to use it during regular hours (day-time, when he does mot force Shimon to get out of bed).
The Mishnah rules that - if he wants to water his animals from it - he must transport water from it to where his animals are. He is not permitted to lead the animals to it (via Shimon's house).
The Tana authorizes both Reuven and Shimon to install a lock and key ...
... Reuven - to prevent Shimon from helping himself to water from the well ...
... Shimon - to deny Reuven access to his house, when he is not there ...
... and his wife is alone in the house (See Tos. Yom-Tov).
Mishnah 6
12)
What does the Tana say regarding the time of access to the vegetable garden that Reuven owns behind that of Shimon (under similar circumstances to those in the previous Mishnah)?
What if he wants to ...
... sell vegetables to merchants who come to purchase from him?
... go through his vegetable garden to get to another field that he owns beyond it?
Why is that?
Why is Shimon permitted to plant on the path that leads to Reuven's garden?
12)
The Tana applies the same Din to the time of access to the vegetable garden that Reuven owns behind that of Shimon (under similar circumstances to those in the previous Mishnah [See also Tos. Yom-Tov]).
If he wants to ...
... sell vegetables to merchants who come to purchase from him - he is not allowed to take them to the garden via Shimon's field.
... go through his vegetable garden to get to another field that he owns beyond it (See Tos. Yom-Tov) - this too, is not permitted ...
... because, seeing as it causes considerable damage to Shimon's field, it is obvious that Shimon restricted permission to Reuven to getting to his vegetable-field, but not for any other purpose.
However, Shimon is permitted to plant on the path that leads to Reuven's garden - since it is equally obvious that, since it is situated in the middle of his field, he retained for himself the right to do so.
13)
The Mishnah now discusses a case where they designated a path that runs alongside both fields, on behalf of Shimon. To whom does 'they' refer? (See Tos. Yom-Tov).
At whose instigation did they do so?
In that case ...
... when is Reuven permitted to use it?
... what is the Din regarding selling to merchants who come to purchase from him?
However, he is still not allowed to reach his vegetable-garden via Shimon's field (See Tiferes Yisrael). Who is now permitted to plant on the path?
13)
The Mishnah now discusses a case where they (Beis-Din) designated a path that runs alongside both fields, on behalf of Shimon.
They did so - with the consent of both Reuven and Shimon.
In that case ...
... Reuven is permitted to use it - whenever it suits him.
... he is permitted to bring merchants who come to purchase from him - into the garden.
However, he is still not allowed to reach his vegetable-garden via Shimon's field (See Tiferes Yisrael), and - neither Reuven nor Shimon is permitted to plant on the path (See Tos. Yom-Tov).
Mishnah 7
14)
What does the Mishnah say about a case where Reuven closes off a public path that is running through his field and replaces it with a path at the side?
What are the ramifications of this Halachah?
On what principle is it based?
14)
The Mishnah rules that if Reuven closes off a public path that is running through his field and replaces it with a path at the side - what he gave them belongs to them and what he took away from them does not belong to him (See Tos. Yom-Tov).
In other words - the public end up with two paths ...
This Halachah is based on the principle that - 'One is forbidden to spoil a Chatzer that is possessed by the public' (See Tiferes Yisrael).
15)
What is the definition of ...
... 'Derech ha'Yachid'? How wide must it be?
... 'Derech ha'Rabim', wherever it is mentioned in the Torah (See Tos. Yom-Tov)?
What are the ramifications of ...
... the former ruling?
... the next ruling 'Derech ha'Melech Ein lah Shi'ur'?
And the same applies to Derech ha'Kever. What is 'Derech ha'Kever'?
What is the reason for this Takanas Chachamim?
What are its ramifications?
15)
The definition of ...
... 'Derech ha'Yachid' is - one that is four Amos wide (See Tos. Yom-Tov DH 'Derech ha'Yachid' & 'Arba Amos').
... 'Derech ha'Rabim', wherever it is mentioned in the Torah (See Tos. Yom-Tov) is - sixteen Amos wide.
The ramifications of ...
... the former ruling are that - if Reuven sells Shimon a path that runs through his field, it must be at least four Amos wide.
... the next ruling 'Derech ha'Melech Ein lah Shi'ur' are that - if a king breaks a wall to make himself a path (which he is permitted to do), there is no limit as to its width.
And the same applies to Derech ha'Kever - the road which the Levayah takes on its way to bury the deceased.
The reason for this Takanas Chachamim is - Kavod ha'Meis ...
... and its ramifications are that - the Meis and the procession that accompanies it are permitted to pass through a seeded field and do not need to circumvent it (See also Tos. Yom-Tov).
16)
In connection with the previous ruling, the Tana gives the Shi'ur of the location of the Ma'amad as an area of four Kabin. What is the 'Ma'amad'?
What is the Shi'ur four Kabin translated into Amos?
How many times do they sit and stand on the way to the grave?
What is the significance of the seven times?
16)
In connection with the previous ruling, the Tana gives the Shi'ur of the location of the 'Ma'amad' - the place where the procession stops (to sit and stand a number of times on the way to bury the deceased) as an area of four Kabin ...
... which in turn, is equivalent to thirty-three and a third by fifty Amos (See also Tos. Yom-Tov).
They sit and stand seven times (See Tos. Yom-Tov) ...
... corresponding to the seven times "Hevel" mentioned at the beginning of Seifer Koheles.
Mishnah 8
17)
What area of land is Reuven obligated to designate for the initial cave that he sells to Shimon as a family burial ground?
What if he undertakes to build him one?
Eight Kuchin lead off from the cave (See Yein ha'Rekach). What are 'Kuchin'?
How are the eight placed?
17)
For the initial cave that he sells to Shimon as a family burial ground (See Tos. Yom-Tov) Reuven is obligated to designate an area of land that measures - four Amos by six, and the same applies ...
... if he undertakes to build him one.
Eight Kuchin - graves that have been dug into a rock surface, lead off from the cave (See Yein ha'Rekach).
The eight are placed - three on other side, and two at the far end.
18)
If the length of each grave is four Amos, what is ..
... the width?
... the height?
How much space is there between ...
... each of the three graves along the sides?
... each of the two graves at the far end?
18)
The length of each grave is four Amos (See Tos. Yom-Tov) ...
... the width - six Tefachim (See Tos. Yom-Tov) and ...
... the height - seven Tefachim (See Tos. Yom-Tov).
There is a space of ...
... one and a half Amos between each of the three graves along the sides, and ...
... two Amos, between each of the two graves at the far end.
19)
According to Rebbi Shimon, the cave contains thirteen graves. What is the area of the cave, according to him?
How many graves does one dig ...
... on each side?
... at the far end?
Where does one dig the other two?
19)
According to Rebbi Shimon, the cave contains thirteen graves, in a area that measures - six Amos by eight.
One digs ...
... four graves on either side (See Tos. YomTov) and ...
... three at the far end.
The other two one digs - one on the right of the entrance and one on the left (See Tos. Yom-Tov).
20)
Reuven is also Chayav to dig or provide a Chatzer in front of the cave. What is the size of the Chatzer?
What purpose does it serve?
According to the Tana Kama, two caves open out into the Chatzer. Where must Reuven dig them?
How many caves must he dig according to Rebbi Shimon?
What does Rabban Shimon ben Gamliel say in connection with the first Machlokes (as to how many graves he must dig in each cave)?
20)
Reuven is also Chayav to dig or provide a Chatzer in front of the cave (See Tos. Yom-Tov) - that measures six by six Amos ...
... to accommodate the stretcher with the Meis, the pall-bearers and those who are involved in the actual burial.
According to the Tana Kama, two caves open out into the Chatzer (See Tos. Yom-Tov). Reuven must dig - one at either end (See Tos. Yom-Tov).
According to Rebbi Shimon, he must dig - four caves, one in each direction (See Tos. Yom-Tov DH 1 & 2).
Rabban Shimon ben Gamliel says in connection with the first Machlokes (as to how many graves he must dig in each cave) that - it all depends on the hardness of the rock, six by four Amos (like the Tana Kama), if the rock is very hard, and six by eight if it is soft (like Rebbi Shimon).
