1)

(a)Aba Shaul's Klal (in our Mishnah) 'Kol she'Ani Zakai ba'Amiraso, Rashai Ani ba'Chashichaso' cannot be referring to ...

1. ... the Reisha ('Ein Machshichin al ha'Techum ... ') - because then he should have said 'Kol she'Eini Zakai ba'Amiraso, Eini Rashai ba'Chashichaso'.

2. ... the Seifa ('Aval Machshich Hu Lishmor ... ') - because then he ought to have said 'Kol she'Ani Zakai ba'Chashichaso, Ani Zakai ba'Amiraso'.

(b)We conclude that it refers to the Seifa, based on a statement by Rav Yehudah Amar Shmuel - that it is permitted to say to a friend 'Sh'mor Li Peiros she'biTechumach, va'Ani Eshmor Lach Peiros she'bi'Techumi'.

(c)And what Aba Shaul is saying to the Chachamim is - that since they concede the Heter to say this just as one is permitted to be Machshich al ha'Techum for it, they ought to have made their statement in the form of a principle (that whatever one is permitted to say, one is permitted to do).

(d)By doing so, they would have gained - the Din of being Machshich al ha'Techum for the needs of a Kalah or a Meis, which is really what Aba Shaul is coming to teach us with his Klal.

2)

(a)In fact, Aba Shaul's Klal comes appears in a Beraisa, where the Tana permits ...

1. ... calling an animal that has strayed outside the Techum, and ...

2. ... waiting on the border to see to the needs of a Kalah and a Meis (which we discussed on the previous Amud).

(b)In this regard, the Tana permits one Yisrael to say to another - 'Go to place a., and if you don't find it there then bring it from place b., and ...

(c)... if you don't find it for one Manah, then pay two'. Rebbi Yossi b'Rebbi Yehudah - forbids mentioning the amount.

(d)In any event, these are the cases included in the Klal of Aba Shaul, and we learn from here - that the author of the next Mishnah (which repeats the Heter of Kalah and Meis) is Aba Shaul.

3)

(a)Our Mishnah now presents the case of Machshichin al ha'Techum Lefakei'ach al Iskei Kalah ve'al Iskei ha'Meis ... ' that we just discussed. The Tana ...

1. ... forbids ever using the flutes (to mourn for a Yisrael) that a gentile brought from outside the Techum on Shabbos - unless he brought them from inside the Techum.

2. ... permits using the grave (to bury a Yisrael) that a gentile dug for another gentile or to sell - but not if he dug it on behalf of the Yisrael (in which case, no Yisrael may ever be buried in it).

(b)The reason for the prohibition in both cases is because of a K'nas.

(c)Rav takes 'from a near place' literally, to mean that we actually saw the flutes in the house of the Nochri - Shmuel permits them even if we did not.

(d)When he says 'Chaishinan Shema Chutz le'Chomah Lanu', he means - as long as it is possible to suspect that they were inside the Techum when Shabbos entered, they are permitted.

4)

(a)A Beraisa supports Rav, but our Mishnah supports Shmuel - seeing as it permits using a Kever dug by a Nochri on the assumption that it was dug for a Nochri (see Hagahos ha'Gra).

(b)The Beraisa in support of Rav, rules that, if a public bathhouse was heated on Shabbos in a town where both Jews and Nochrim reside, assuming ...

1. ... the majority of the residents are Nochrim - a Yisrael is permitted to bathe in it the moment Shabbos terminates.

2. ... the majority of the residents are Yisre'elim - a Yisrael is forbidden to bathe in it until the time it takes to heat it up (so that he should not benefit from the Melachah performed by a Nochri on behalf of a Yisrael), and the same will apply if ...

3. ... half the residents are Yisre'elim and half Nochrim.

(c)Rebbi Yehudah permits bathing immediately in the case of a small bathhouse, if there is 'a Rashus', which Rav Yitzchak b'rei de'Rav Yehudah interprets as - an important person for whom ten servants heat up ten kettles of water simultaneously.

(d)Rebbi Yehudah's reason is - because we can then assume that the water was heated on his behalf, even where the residents are Yisre'elim.

5)

(a)This Beraisa supports Rav - in that the Tana forbids using the bath in a case where half the residents are Jews and half, Nochrim (which is a Safek ha'Shakul [50/50], like the case of the flutes that we did not actually see in the house of the Nochri).

(b)Alternatively, we cite the Beraisa as a proof for Shmuel - from Rebbi Yehudah who assumes that the water was heated for the Rashus, even though it is only a Safek.

(c)According to Ula and Rebbi Avahu respectively, the Tana knows that the Nochri ...

1. ... dug the grave for himself and not on behalf of the Yisrael - in a case where it was dug in the street, where Yisre'elim do not usually bury their dead.

2. ... made the Aron for a Nochri and not for the Yisrael - where it was lying on a grave that has been dug in the street.

6)

(a)Our Mishnah permits performing all the needs of a Meis on Shabbos. One must take care whilst washing and anointing him - not to move any part of him (even his eye-lids).

(b)One moves him on to the ground, to prevent his body from becoming too hot and turning putrid on account of the sheet and cushions on which he is lying - by pulling them from under him (and leave him lying on the sand).

(c)If a dead man's cheeks begin to puff out - one is permitted to tie them, to prevent them from puffing out still more, but not to deflate them (since that would entail moving a limb, which is forbidden).

(d)A similar Halachah applies to a sagging beam - which one may prevent from sagging still further on Shabbos, by placing a bench or bed-posts underneath it, but one may not lift, since that would constitute building.

7)

(a)When after Rebbi Meir had finished bathing, his Talmid wanted to ...

1. ... wash the floor of the bathhouse - he objected, and he did the same when he wanted to ...

2. ... rub oil on the floor ...

(b)... in case he comes to move the earth.

(c)This seems to clash with our Mishnah, which permits anointing a dead person - even though he is not permitted to move him.

(d)We refute the Kashya - by amending Rebbi Meir's reason for forbidding washing and anointing the floor, which is because one may come to fill in holes in the ground. In that case, he will decree anointing the ground (even though it is covered with tiles) because he may fill in the holes in the ground (where it is not); but it does not follow that one should forbid anointing a Meis because one may come to fill in holes in the ground.

8)

(a)'Osin Kol Tzorchei ha'Meis' comes to include bringing Klei Meikar (mentioned in the Beraisa). These are - cold vessels (such as metal or glass ones), which one places on the dead man's stomach, to prevent it from swelling.

(b)The Tana also permits - stopping up the oracles in the body, to avoid air from entering it.

(c)The Pasuk too, refers to the stomach of a Meis splitting open, when it writes "ve'Tishaver Kad al ha'Mabu'a". "Ad she'Lo Yeratek Chevel ha'Kesef" refers to the spinal cord. When Shlomo Hamelech writes ...

1. ... "ve'Tarfuz Gulas ha'Zahav", he is referring to - the Amah.

2. ... "ve'Narutz ha'Galgal el ha'Bor" - the dung.

(d)The Pasuk "ve'Zerisi Peresh Al Penechem, Peresh Chagechem" also refers to the stomach of a Meis splitting open. According to Rav Huna or Rav Chaga, Hash-m is speaking to people - who have given up Torah, and who spend all their days celebrating as if it was Yom-Tov.

9)

(a)Rebbi Levi Amar ... Rebbi Yehoshua teaches that after three days, the stomach of a Meis splits open - and the dung goes to the mouth ...

(b)... and says to it 'Take back what you gave me'.

10)

(a)'Ein Me'atzmin es ha'Meis be'Shabbos' - means that one may close a dead man's eyes, since that entails moving them, which is forbidden.

(b)It is forbidden to do so even during the week - whilst he is in his death-throes.

(c)The Tana describes someone who does it - as a murderer.

(d)To get a dead man's eyes to close on Shabbos, one would need to blow wine up his nostrils, place oil between his eye-lashes - and hold his big toes.

11)

(a)Raban Shimon ben Gamliel in a Beraisa ...

1. ... permits desecrating the Shabbos for a live baby of one day old - on the grounds that it is worth breaking one Shabbos for a person, so that he will one day keep many Shabbasos.

2. ... forbids doing so for a dead David ha'Melech - because of the principle (which Rebbi Yochanan learns from the Pasuk in Mishlei "be'Meisim Chofshi") 'Keivan she'Meis Adam Na'aseh Chofshi min ha'Mitzvos' (once a person dies, he is absolved from keeping any more Mitzvos).

(b)Rebbi Shimon ben Elazar in a Beraisa, learns from the Pasuk "u'Mora'achem ve'Chitchem Yih'yeh al Kol Chayas ha'Aretz" - that animals are afraid of humans, in which case it is not necessary to guard a baby from mice, but that once he dies, that fear dissipates, in which case, a Meis does need to be guarded.

(c)According to Rav Papa, a lion will not attack human beings - as long as there are at least two people.

(d)From the Pasuk "Adam bi'Yekar ve'Lo Yalin, Nimshal ka'Beheimos Nidmu" however, Rami bar Aba learns - that this only pertains to a person whom the lion perceives as a human-being (who observe Torah and Mitzvos), but not if it sees an animal.

12)

(a)Rebbi Chanina - forbids a person to sleep alone in a house.

(b)If he does - he is likely to be seized by Lilis (the queen of the demons).

(c)Based on the Pasuk in Koheles "u'Zechor es Bor'echa bi'Yemei Bachurasecha" - Rebbi Shimon ben Elazar in a Beraisa - advises one to perform good deeds in one's youth, whilst one has somebody with whom to do them, whilst one has the means to give and one is alive (and has the strength) to still do it.

13)

(a)Koheles continues ""(u'Zchor es Bor'acha) Ad Asher Lo Yavo'u Yemei ve'Higi'u Shanim Asher Tomar Ein Li Bahem Chefetz". The Pasuk "u'Zechor es Bor'acha ...

1. ... Ad Asher Lo Yavo'u Yemei ha'Ra'ah" - is warning to remember Hash-m before old age sets in, when a person loses interest in sinning, and can no longer do overcome the Yeitzer-ha'Ra. Similarly ...

2. ... "ve'Higi'u Shanim Asher Tomar Ein Li Bahem Cheifetz" - refers to the era of Mashi'ach, when, for the same reason, it will no longer be possible to earn credit (for performing Mitzvos) and guilt (for performing sins).

(b)This latter explanation however, does not conform with the opinion of Shmuel - who maintains that life will continue as normal after the coming of Mashi'ac (as the Pasuk says in Re'eh"Ki Lo Yechdal Evyon Mikerev ha'Aretz"), and that the only thing that will change will be our freedom from the subjugation of the nations.

(c)Based on the simple explanation of this Pasuk, Rebbi Elazar ha'Kapar advised praying for mercy 'on this Midah'. He learns from the Pasuk "Ki Big'lal ha'Davar ha'Zeh" - that even if the wheel of fortune does not turn against oneself, it is bound to turn against his son or his grandson ... (as Rebbi Yishmael explains).

(d)We reconcile Rav Yosef's tradition that Talmidei-Chachamim never become poor, with the reality, that they do - confining it to collecting from door to door, which (genuine) Talmidei-Chachamim are not required to do.

14)

(a)Rebbi Chiya ...

1. ... advised his wife - to ensure that people would take pity on their poor descendents, when their turn arrived, and to provide them with 'bread' whenever they asked.

2. ... replied, when his wife asked him why he was cursing their own offspring - that he was merely citing the above Pasuk in Re'eh(according to Rebbi Yishmael's interpretation).

(b)Raban Gamliel b'Rebbi learns from the Pasuk in Re'eh "ve'Nasan Lecha Rachamim ve'Richamcha ve'Hirbecha" - that someone who has compassion on others will receive the same treatment from Hash-m, when the need arises.

15)

(a)The Pasuk in Koheles continues "Ad Asher Lo Techshach ha'Shemesh ve'ha'Or, ve'ha'Yare'ach ve'ha'Kochavim ... ". "ha'Shemesh ve'ha'Or" refer to the forehead and the nose respectively. The Pasuk refers to ...

1. ... the forehead as the sun - because the one, in its smoothness, shines more than any other part of the face.

2. ... the nose as "Or" - because, more than any other limb, it gives the face its shape (and "Or" means 'shape' [like 'To'ar']).

(b)The Pasuk ...

1. ... "ve'ha'Yare'ach" - is referring to the Neshamah.

2. ... "ve'ha'Kochavim" - to the cheeks.

3. ... "ve'Shavu he'Avim Achar ha'Geshem" refers to - one's eyesight that detiorates after weeping.

(c)Shmuel states that a person's stock of tears will be replenished, and Rav Nachman, that eye-paint will restore his eye-sight - up to the age of forty ...

(d)... after which, it will prevent it from deteriorating but will not restore it (even if he uses a brush the size of a weaver's beam.

(e)And he expressed himself like that - to teach us that the more eye-paint one uses, the better.

16)

(a)When Rav Chanina failed to cry at the death of his daughter - his wife asked him whether it was one of his chickens who had died.

(b)He replied - that crying from Tzaros and mourning causes blindness, and that having lost his daughter, he didn't need to lose his eyesight as well.

(c)Tears of smoke and tears that result from straining oneself in the bathroom - are also harmful.

(d)Besides the tears of spices (or medicines), of laughter - and tears that result from smelling fruit, such as pepper, are healthy, too.