1)

TOSFOS DH VE'LO AMRAN ELA CHAD AVAL BI'TEREI LO

' "

(Summary: Tosfos reconciles the Sugya earlier in the Perek with this Sugya.)

", , " , ?

(a)

Question: We learned earlier that one is permitted (to deny) if it is to exempt oneself from a loan, in which case, they cause him (the Jewish defendant) a great loss, since he would have been able to deny the claim? .

", , .

(b)

Answer: Nevertheless, we do not place him in Cherem, since they are only causing him to pay what he actually owes the Nochri.

2)

TOSFOS DH LEKA MISHUM DIYNA DE'BAR METZRA

' "

(Summary: Tosfos refers to his explanation in Perek ha'Mekabel.)

(" :).

(a)

Reference: Tosfos already explained this in Perek ha'Mekabel (Bava Metzi'a, Daf 108b

3)

TOSFOS DH AD DE'MEKABEL ILAVEIH ETC.

' " '

(Summary: Tosfos clarifies the statement.)

" "...

(a)

Clarification: Rabeinu Tam explains that this speaks specifically where the Yisrael offers him the same as the Nochri

" , .

1.

Clarification (cont.): ... but where the Nochri offers him more, one is not Chayav to lose on account of that (See Gilyon ha'Shas).

4)

TOSFOS DH TANA VE'IM NATAL ETC.

' " '

(Summary: Tosfos refers to his explanation in 'Merubeh'.)

( .).

(a)

Reference: This has been explained earlier in 'Merubeh' (Daf 67a [DH 'Amar']).

5)

TOSFOS DH RABAH OMER BE'YADU'A NAMI MACHLOKES

' "

(Summary: Tosfos reconciles the Sugya in 'Merubeh' with this Sugya.)

( .) ' ... ' ' - ' ? ... '

(a)

Implied Question: And when the Gemara in 'Merubeh' (earlier, Daf 68a) asks on the statement 'And also Rebbi Elazar holds that he is only Chayav after Yi'ush' - 'Perhaps we heard him being Meya'esh" ' ...

, .

(b)

Answer: ... the Pircha does not go according to Rabah, who does not differentiate between S'tam and when we know.

6)

TOSFOS DH L'FI SHE'EIN YI'USH LE'BA'ALIM MASNINAN LAH

' "

(Summary: Tosfos explains that this is not a change of text.)

, - .

(a)

Clarification: He is not amending the Mishnah; he is only explaining that, even if the owner says that he is Misya'esh, he is not Misya'esh in his heart.

7)

TOSFOS DH HAYNU GAZLAN

' "

(Summary: Tosfos discusses the term 'Gazlan' in this context.)

' " ' ' ...

(a)

Implied Question: Even according to the opinion that 'an armed robber is considered a Ganav as regards paying Kefel ...

" ' ' .

(b)

Answer: .. he is nevertheless called a 'Gazlan'.

8)

TOSFOS DH TA SH'MA HA'GANAV VE'HA'GAZLAN (See Rashash)

' " "

(Summary: Tosfos discusses the term 'Ganav' in this context.)

'' ," " () .

(a)

Clarification: And because he hides from people he is called a 'Ganav', even though, according to the opinion that he is a Gazlan, he does not pay Kefel, he is called a Ganav.

114b----------------------------------------114b

9)

TOSFOS DH DE'TAKANAH BE'ALMA TIKNU LEIH

' "

(Summary: Tosfos clarifies the ruling and queries it.)

, ' ' .

(a)

Clarification: On account of Darkei Shalom, like 'the birds of a dove-cot (Bava Metzi'a 102a).

, ?

(b)

Question: Why does he not acquire them min ha'Torah when he picks up the beehive?

10)

TOSFOS DH HA'MAKIR KEILAV U'SEFARAV BE'YAD ACHER ETC.

' " '

(Summary: Tosfos clarifies the case and elaborates.)

, ...

(a)

larification: It is speaking before Yi'ush, as Rashi explains ...

, .

1.

Reason: ... because after Yi'ush, since there is Yi'ush and Shinuy R'shus, he would not be Chayav to return it.

, ...

(b)

Clarification: Moreover, in the case of Sefarim, it is always before Yi'ush, seeing as people ae not usually Meya'esh from Sefarim

, ' , , ...

1.

Clarification (cont.): And not just if the Ganav is a Nochri, when one is not even Meya'esh from clothes, seeing as they judge with a strong hand, as the Gemara explained earlier ...

' , ...

2.

Clarification (concl.): ... but even if the Ganav is a Yisrael, they tend not to be Meya'esh from Sefarim, since eventually they end up in the hand of a Yisrael ...

, .

3.

Reason: ... because Ganavim generally sell them to a Yisrael, and in the end, they are returned to the owner.

...

(c)

Clarification: And in the case of clothes too, it speaks before Yi'ush ...

' ' ...

(d)

Implied Question: And even according to the Rabanan, who hold 'By S'tam Geneivah the owner is Meya'esh' ...

, ...

1.

Answer: ... it speaks where the owner is chasing after the Ganav, in which case it is clear that he was not Meya'esh at all ...

" ...

(e)

Implied Question: ... yet in spite of that, the purchaser receives what he paid for it ...

, .

1.

Answer: ... due to 'Takanas ha'Shuk', as the Gemara explains.

", , ' ' ?

(f)

Question: Why can he not take receive what he paid even without Takanas ha'Shuk, since he can say that his intention was to save the articles and to fulfill the Mitzvah of Hashavas Aveidah?

", .

(g)

Answer #1: It speaks where the owner could have claimed them from the people who stayed by him overnight, even if he had not purchased it from them.

", , ...

(h)

Answer #2: In any event, one cannot say that, since the purchaser claims that he bought them from some other reliable person and not from those who stayed by him overnight ...

' ' .

1.

Source: ... as the Seifa states 'Because I say that he sold them to someone else and the purchaser bought them from him'.

' ' ...

2.

Source (cont.): And the reason that it does not say 'Because I say that he sold them to him' is ...

.

3.

Source (concl.): ... because the purchaser does not claim that he did.

' " " - ...

(i)

Question: And as for the Kashya that the commentaries ask as to why he is believed to say that he purchased them, seeing as one does not tend to lend or rent out Sefarim ...

(" . ).

(j)

Answer: ... Tosfos explains this at the end of 'ha'Makabel' (Bava Metzi'a, Daf 116a, DH 've'Ha').

11)

TOSFOS DH DE'KA'AMRI HALALU KEILAV SHEL P'LONI

' "

(Summary: Tosfos clarifies the case.)

, ' , .

(a)

Clarification: This means that, when the rumor begins to spread, they say that these are the clothes and the Sefarim of so-and-so, which these people are carrying, and one can tell that they are new.