1)

(a)The Tana Kama of our Mishnah forbids a Shomer of fruit (crops) to sell it even if it is deteriorating. By 'deteriorating, the Tana means through mice or through rotting.

(b)According to Raban Shimon ben Gamliel he sells it under the auspices of Beis-Din, because it is included in the Mitzvah of returning a lost article.

(c)Rav Kahana attributes the Tana Kama's ruling to the fact that a person prefers one measure of his own produce to nine measures of someone else's (because a person prefers what his own hands have produced).

(d)Rav Nachman bar Yitzchak ascribes it to the possibility that the owner declared the crops Terumah and Ma'aser on other crops of his.

2)

(a)The Beraisa permits the owner of the deposited crops Terumah and Ma'aser on other crops of his, seemingly reversing the cause and effect of Rav Nachman bar Yitzchak. According to the latter, it actually cuts both ways: the Mishnah forbids the Shomer to sell the crops in case the owner declared them Terumah and Ma'aser, and as a result, the Beraisa permits the owner to subsequently declare them Terumah or Ma'aser, should he so wish.

(b)Rabah bar bar Chanah Amar Rebbi Yochanan qualifies our Mishnah by confining it to where the crops have deteriorated to the point that one would expect them to ('K'dei Chesronan', as specified by the following Mishnah). Should they continue to deteriorate ('Yoser mi'Chedei Chesronan'), the Tana Kama concedes that the Shomer may sell the crops.

(c)Rebbi Yochanan certainly disagrees with ...

1. ... Rav Nachman bar Yitzchak in whose opinion it will never be permitted to sell any of the crops concerned, but there is no reason why he should agree with ...

2. ... Rav Kahana who will concede that whereas the owner wants his own crops back, there is a limit as to how much he is willing to lose in the process.

(d)When Rav Kahana referred to one measure of one's own against nine measures of someone else (which is way above the expected loss) he was exaggerating.

3)

(a)The Beraisa that we just quoted permits the owner of the deposited crops to declare them Terumah and Ma'aser on other crops of his. We not afraid that the crops deteriorated Yoser mi'Chedei Chesronan, and that the Shomer therefore sold them because it is unusual for this to happen, so we do not contend with it.

(b)If the crops did reach Yoser mi'Chedei Chesronan, the Shomer is permitted to sell them. We do in fact contend with the possibility that the owner declared them Terumah and Ma'aser on other crops of his by restricting the sale to Kohanim, to whom the Shomer must sell them cheaply as if it was Terumah.

(c)Rav Nachman bar Yitzchak does not permit this because he is afraid that the crops reached that stage immediately. Consequently, if the Shomer was allowed to sell them, the owner, unaware of the sale, would declare the crops Terumah and Ma'aser on other crops of his, which would effectively mean that he would be eating Tevel.

(d)Rabah bar bar Chanah (and Rav Kahana) nevertheless permit the sale because, in their opinion, it is unusual for the crops to reach the stage of Yoser mi'Chedei Chesronan so quickly. Consequently, (based on the fact that a person does not leave his crops in a state of Tevel for long) by the time they do deteriorate to that extent, the owner will have already declared them Terumah and Ma'aser, and the Shomer can safely sell them to a Kohen.

4)

(a)Rebbi Meir in a Beraisa, forbids the Shomer to sell fruit, wine, oil or honey that has gone bad the Chachamim permit it.

(b)The Chachamim restrict the sale by permitting the Shomer to sell them only to others but not to himself.

(c)They impose a similar restriction on a Gabai Tzedakah whom they permit to exchange copper Perutos that are beginning to go moldy for silver coins, but only with other people's money, not with his own.

(d)This restriction also extends to the Gabai of a soup-kitchen, who, in the event that there are no needy people available, may sell the food to others, but not to himself. All of this is based on the Pasuk in Matos "vi'Heyisem Neki'im me'Hashem u'mi'Yisrael" (the obligation to avoid doing things that may cast suspicion on oneself, even if one is innocent (in this case, to avoid being suspected of stealing).

5)

(a)In spite of the fact that Rabah bar bar Chanah Amar Rebbi Yochanan unanimously permits the sale of fruit that has reached the stage of 'Yoser mi'Chedei Chesronan', Rebbi Meir in the Beraisa forbids the sale of the fruit that has gone bad because there the Pikadon has gone off completely, and there is nothing to be gained by selling it.

(b)Raban Shimon ben Gamliel permits the sale of the four above-mentioned commodities that have gone bad. In fact ...

1. ... bad oil can be used by leather-workers, and ...

2. ... bad honey to soothe sores on a camel's back.

(c)Rav Ashi explains that when the Chachamim say 'Oseh Lahem Takanah', they mean that one sells them in order to save the jars (which will go bad if the bad produce is left inside them.

(d)The Shomer sells them in Beis-Din.

(e)Rebbi Meir however, holds that Chazal did not institute a Takanah for such a small amount (as the barrel or 'K'dei Chesronan') only for a substantial loss, such as Yoser mi'Chedei Chesronan.

6)

(a)Rebbi Aba bar Ya'akov Amar Rebbi Yochanan rules like Raban Shimon ben Gamliel in our Mishnah ('Yimkerem be'Beis-Din'). Rava Amar Rav Nachman ' rules like the Chachamim ('Lo Yiga Bahem').

(b)There are three exceptions to Rabah bar bar Chanah Amar Rebbi Yochanan's principle that the Halachah is like Raban Shimon ben Gamliel whenever he appears in a Mishnah 'Areiv', 'Tzidon' (both in Bava Basra) and 'Re'ayah Acharonah' (in Sanhedrin).

(c)The problem Rabah bar bar Chanah's statement creates with what we have just learned is that it renders Rebbi Aba bar Ya'akov's ruling superfluous.

(d)We solve the problem by establishing their respective opinions as a Machlokes Amora'im in Rebbi Yochanan.

7)

(a)We try to connect the Machlokes between Raban Shimon ben Gamliel and the Rabanan with the She'eilah of whether 'Moridin Karov le'Nechsei Shavuy' or not inasmuch as Raban Shimon ben Gamliel will hold 'Moridin ... ', and the Rabanan, 'Ein Moridin ... '.

(b)We reject this explanation however, inasmuch as ...

1. ... Raban Shimon ben Gamliel might hold 'Ein Moridin ... ', even though in our Mishnah he permits the Shomer to sell the Pikadon because unlike the case in the Mishnah, the Keren (the field itself) is not in jeopardy of getting spoilt completely.

2. ... the Rabanan might hold 'Moridim Shavuy ... ' even though in our Mishnah they permit the sale because neither the reason of Rav Kahana ('Rotzeh Adam be'Kav she'lo), nor that of Rav Nachman bar Yitzchak ('Shema As'an ha'Mafkid Terumah u'Ma'aser al Makom Acher') apply there.

(c)We try (unsuccessfully) to prove from the fact that Shmuel rules both like Raban Shimon ben Gamliel, and also 'Moridin Karov le'Nechsei Shavuy' that the two cases are really one and the same (as we originally suggested).

(d)But we counter-prove from Rav Nachman who rules on the one hand like the Chachamim, and on the other, 'Moridin Karov le'Nechsei Shavuy' that the two are separate issues.

8)

(a)Rav holds 'Ein Moridin Karov le'Nechsei Shavuy'. We define 'Karov' as the next of kin.

(b)Shmuel holds -'Moridin Karov ... '.

(c)Rav will concede 'Moridin ... ' in a case where they heard that the captive died.

(d)Rav is concerned that the Karov will spoil the field (in trying to procure short-term gains, without taking care to preserve the property). Shmuel counters this by citing the ruling that the Karov receives part of the harvest (like an Aris). In that case, it would be to his disadvantage to do that.

9)

(a)The Pasuk in Mishpatim writes "ve'Charah Api ve'Haragti Eschem". Rebbi Eliezer explains that the continuation "ve'Hayu Nesheichem Almanos u'Veneichem Yesomim" (which appears to be redundant) refers to their wives and children being considered as Safek Almanos and Yesomim, inasmuch as they will want to go down to their captured husband/father's property, but will not be able to, because they will not know whether he is still alive or not.

(b)Rava reconciles Shmuel's opinion ('Moridin Karov ... ') with the Beraisa by establishing the latter (not where they want to work in the fields, which they may, but) where they actually want to sell it.

(c)When a relative wanted to go down to his captured relative's property in Neharda'a, Rav Sheishes stopped him due to the Beraisa of Rebbi Eliezer. Rav Amram said to him precisely what Rava said ('Dilma Leired ve'Li'mkor T'nan').

(d)Rav Sheishes rejected Rav Amram's explanation however on the grounds that the Torah compares the children to the wives. Just as the wives have no authority to go down to the fields at all, neither do the children (Rabeinu Chananel).

(e)When Rav Sheishes suggested that he was from Pumbedisa he meant that they used to squeeze an elephant through the eye of a needle (meaning that they would explain a Mishnah or a Beraisa in a way that is a Dochek ['pushed']).

10)

(a)When the Tana rules 'ha'Yored le'Nechsei Shavuy (or Shevuyin)', what he means is that if they heard that a Shavuy subsequently 'Ein Motzi'in Oso mi'Yado' (they allowed the relative to retain the field).

(b)And what's more, he adds even if he then heard that his relative was on his way, and he quickly picked some fruit, he is permitted to keep it.

(c)The Tana Kama holds 'ha'Yored le'Nechsei Netushin, Motzi'in Oso mi'Yado'. By 'Nechsei Netushin' he means the property of a captive who as far as they know, is still alive (as we explained 'Nechsei Shavuy' until now).

(d)Raban Shimon ben Gamliel holds that Nechsei Netushin are no different than Nechsei Shavuy, turning the Din of 'Moridin Karov le'Nechsei Shavuy' into a Machlokes Tana'im.

11)

(a)'Nechsei Retushin' is property that the owner abandoned of his own accord and we do not know where he is.

(b)The Beraisa rules 'ha'Yored le'Nechsei Retushin, Motzi'in Oso mi'Yado'.

(c)The Pasuk ...

1. ... in Mishpatim "ve'ha'Shevi'is Tishmetenah u'Netashtah" helps us to define 'Nechsei Netushin' inasmuch as it denotes that the field is left unworked by the King's command (against the owner's freewill, like Nechsei Netushin, which are left un-worked because the owner was captured).

2. ... in Hoshe'a "Eim al Banim Rutshah" helps us to define 'Nechsei Retushin' in that it indicates that the men ran away, leaving their wives and children to the mercy of the enemy. Likewise "Nechsei Retushim' refers to property where the owner ran away of his own accord.