Objection #1 (Abaye): That is different! There, the adults knew that they have minor brothers, and they improved the property knowing that this will be shared with the minors;

Mari did not know that he had a brother. He improved for himself!

Objection #2 (R. Ami): We learned a bigger Chidush than this. If a relative worked on land of a captive, when the captive returns, he gets the improved land. The relative is paid like a sharecropper. All the more so, Mari (who thought that it is his) gets this much!

Answer (Rav Chisda): That is different, for Beis Din appoints relatives over land of captives. Mari did not consult with Beis Din;

Also, Ploni was a minor. We do not put a relative on the land of a minor! (Rif - this also answers Abaye's question.)

R. Ami: They did not tell me that Ploni was a minor!

(Mishnah): If Reuven deposited Peros with Shimon, when he takes them back, he deducts the normal losses, as follows:

For wheat or rice, nine half-Kavim per Kor (a Kor is 30 Sa'im, which is 180 Kavim);

For barley or millet, nine Kavim per Kor;

For spelt and flax seed, three Sa'im per Kor.

The losses are according to the amount of Peros and the season.

R. Yochanan ben Nuri says, mice eat the same amount, regardless of how much there is! Rather, he deducts the amount specified for one Kor.

R. Yehudah says, if he deposited a large amount, he does not deduct anything, for the Peros expand (enough to compensate for the losses).

(Gemara) Question: The losses for rice are more than nine half-Kavim per Kor!

Answer (Rabah bar bar Chanah): The Mishnah discusses peeled rice.

(Mishnah): For spelt and flax seed - three Sa'im per Kor;

(R. Yochanan): The Mishnah discusses flax seed in the stalk (but the seeds themselves would not decrease so much).

Support (Beraisa): For unpeeled rice he deducts three Sa'im per Kor.

(Mishnah): The losses are according to the amount of Peros.

(Beraisa): He deducts these amounts for each Kor, for each year.

(Mishnah): R. Yochanan ben Nuri says...

(Beraisa - Chachamim): Much of the Peros get lost and scattered.

(Beraisa): The Mishnah discusses when Shimon mixed Reuven's Peros with his own. If he left them by themselves, he gives them back to Reuven as they are.

Question: When he mixed it, he should return to Reuven the percentage that was his!

Answer: Shimon has been taking from the mixture, and we do not know how much he took.

(Mishnah - R. Yehudah): If he deposited a large amount...

Question: What is considered a large amount?

(Rabah bar bar Chanah): It is 10 Korim.

A Beraisa supports this.

(A reciter of Beraisos): The Mishnah discusses one who measured and returned to him from the granary. If he measured from the granary and returned from the house, he does not deduct, for the house measure is smaller.

Objection (Rav Nachman): Does the Mishnah discuss fools, who give a large measure and take back a small measure?!

Suggestion (Rav Nachman): Perhaps your Beraisa means, the Mishnah is when he measured and returned to him at the time of the granary, but if he measured at the time of the granary (after the Peros dried in the sun) and returned in winter, he does not deduct, for the Peros expand.

Question (Rav Papa): If the Peros expand, a barrel that was full in summer should break in winter!

Answer #1: Indeed, that once happened.

Answer #2: Because the Peros are tightly packed, they do not expand.

(Mishnah): One deducts a sixth of the wine deposited;

R. Yehudah says, he deducts a fifth.

One deducts three Lugim of oil for every 100, one and a half for dregs, and one and a half for absorption (of the barrel).

If the oil was clear, he does not deduct for dregs. If the barrels had held oil before, he does not deduct for absorption.

R. Yehudah says, even if one sells clear oil all year round, the buyer must accept one and a half Lugim of (pure) dregs per 100.

(Gemara): Chachamim and R. Yehudah do not argue about wine. Each teaches the law for his place.

Explanation #1: Where the barrels are smeared with wax, they absorb less, so he deducts a sixth. Where they are smeared with Zefes (pitch), they absorb more, so he deducts a fifth.

Explanation #2: The clay from which the barrels are made affects the absorption. The clay in R. Yehudah's area absorbs more than that in Chachamim's area.

In Rav Yehudah's area, there were 48 Kuz in a barrel; the price was six Zuz for a barrel. Rav Yehudah would sell six Kuz for a Zuz.

He would get back the six Zuz he paid after selling 36 Kuz of the barrel. Eight Kuz (a sixth) were absorbed in the barrel, his whole profit was four Kuz.

Question: Shmuel taught, one (who sells life essentials) may not profit more than a sixth! (Rav Yehudah was entitled to take a bigger profit. Why didn't he?!)

Answer: He would also keep the barrel itself and the dregs (he received 48 Kuz of clear wine and dregs for six Zuz).

Question: If so, he profited more than a sixth!

Answer: He was entitled to more for his toil. Also, he needed to pay the merchant who sold his wine (some explain - the one who would open the barrel).

(Mishnah): If the oil...(if the barrels had held oil before, he does not deduct for absorption).

Question: Even old barrels absorb something!

Answer #1 (Rav Nachman): The Mishnah discusses old barrels that were smeared. They do not absorb any more.

Answer #2 (Abaye): Even barrels that were not smeared do not absorb any more once they are saturated.

(Mishnah - R. Yehudah): Even if one sells clear oil all year round, the buyer must accept one and a half Lugim of (pure) dregs.

Inference (Abaye): R. Yehudah permits mixing dregs, and Chachamim forbid this.

R. Yehudah obligates a buyer to accept dregs because a seller is allowed to mix them in.

Question: The buyer should be able to say 'if they were mixed in, I would have sold the oil with the dregs, but no one will buy pure dregs!' (The buyer must accept dregs even if he cannot mix them with the clear oil, e.g. he already sold or consumed the clear oil.)

Answer: The case is, the buyer buys for his own consumption, he prefers clear oil.

Question: Why can't the buyer say, since you did not mix in dregs, you waived your right. I will not accept pure dregs!

Answer: This is like R. Yehudah holds elsewhere, that we do not say that a person pardons things (unless he explicitly says so);

(Mishnah): If one sold the yoke, he did not sell the oxen. If one sold the oxen, he did not sell the yoke;

R. Yehudah says, the money reveals what he sold. If he paid 200 (Zuz) for a yoke, surely this includes the oxen.

Chachamim say, the money is not a proof (he pardoned the extra money).

Chachamim forbid mixing dregs because the buyer did not accept dregs.

Question (against Abaye - Rav Papa): Just the contrary! Chachamim permit mixing. The buyer need not accept dregs, because the seller waived his right by not mixing them.

R. Yehudah forbids mixing. The buyer accepts dregs because the seller was not allowed to mix them in (and he relies on selling the dregs to make a profit).

(Beraisa): A buyer and a depositor have the same law regarding Piktim (Rashi - refuse of the pits that floats on top; Aruch - cloudy oil above the dregs).

Question: What is their law?

Suggestion: A depositor need not accept them, just like a buyer need not.

Rejection: The Shomer can say 'what should I do about them?!'

Answer: Rather, just like a depositor must accept them, also a buyer.

Version #1 - Question (Beraisa - R. Yehudah): Cloudy oil is a loss to the seller, because the buyer accepts a Log and a half of dregs (Aruch - alone, without the cloudy oil; Rashi - therefore, the oil must be clear).

Version #2 (Tosfos) - Question (Beraisa - R. Yehudah): The seller bears the loss when he sells cloudy oil, since the buyer accepts only a Log and a half of dregs when he gets clear oil.(end of Version #2)

Answer: If the buyer gave money in Tishrei (according to the low price of Tishrei, when most oil is cloudy) to receive oil in Nisan, he accepts Piktim; if he gives money in Nisan for oil in Nisan (when oil is clear and expensive), he does not accept Piktim.

(Mishnah): If Reuven deposited a barrel with Shimon, and Reuven did not designate where it should be kept, and Shimon moved it and it broke:

If it broke while he was holding it, if he picked it for his needs, he is liable. If he picked it up for its needs, he is exempt.

If it broke after he put it down, whether he picked it up for his needs or for its needs, he is exempt.

If Reuven designated where it should be kept, whether it broke while he was holding it or after he put it down, if he picked it up for his needs, he is liable. If it was for its needs, he is exempt.

Question: Who is the Tana of the (first part of the) Mishnah (if it broke after he put it down, he is always exempt)?

Answer: It is R. Yishmael, who does not obligate telling the owner that his property was returned.

(Beraisa - R. Yishmael): If one stole a lamb from a flock or a coin from a wallet, he returns it to where he stole it from;

R. Akiva says, he must inform the owner.