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1) RULES FOR DECIDING THE HALACHAH

(a) (Rav Huna): The Halachah follows R. Yehoshua ben Korchah and (in the Mishnah we shall cite) R. Yehudah.

1. (Mishnah - R. Meir): If Reuven asked Shimon to dye his wool red, and he died it black, or vice-versa - R. Meir says, Shimon pays the value of the wool he received;
2. R. Yehudah says, Reuven pays the increased value or Shimon's expenses, whichever is smaller.

(b) Question (Rav Yosef): I understand why you needed to say that the Halachah follows R. Yehoshua ben Korchah - one would have thought that the Halachah follows the majority (Chachamim);

1. But there was no need to teach that the Halachah follows R. Yehudah - when Tana'im argue in a Mishnah, and a subsequent Mishnah in unauthored, the Halachah follows the unauthored Mishnah!
2. They argue in the above Mishnah in Bava Kama, and an unauthored Mishnah in Bava Metzia is like R. Yehudah!

i. (Mishnah): Anyone who deviates, he has the lower hand; anyone who retracts, he has the lower hand.

(c) Answer: Rav Huna holds that we cannot apply the above rule in this case, for we do not know which Mishnah came first!
(d) Question: If so, we can never apply the rule, for we do not now which Mishnah came first!
(e) Answer: We know the order within one Maseches.

1. Rav Yosef holds that Bava Kama, Bava Metzia and Bava Basra are all one Maseches (in that order).

(f) Alternatively: Rav Yosef held that there was no need to teach that the Halachah follows R. Yehudah, because the Mishnah in Bava Metzia is like R. Yehudah;

1. Version #1 (Rashi): Since that Mishnah was taught (out of place) along with other laws, this teaches that it is the Halachah.
2. Version #2 (Tosfos): Since that Mishnah was taught in the language of stating the Halachah, it is the Halachah.

(a) (Beraisa): Reuven may not say to Shimon (on Shabbos) 'Come to me at night' (so I can hire you);
(b) R. Yehoshua ben Korchah permits this.
(c) (Rabah bar bar Chanah): The Halachah follows R. Yehoshua ben Korchah.
(d) (Beraisa): If Reuven asked a Chacham (Moshe) a law, and Moshe ruled that the matter is Tamei or forbidden, Reuven may not ask another Chacham (Tosfos - unless he tells him how Moshe ruled);

1. If two Chachamim give different rulings: if one is greater than the other in Chachmah and the number of Talmidim, we follow his ruling;
2. If not, we follow the stringent ruling;
3. R. Yehoshua ben Korchah says (if neither is greater), regarding a mid'Oraisa law, we follow the stringent ruling; regarding a mid'Rabanan law, we follow the lenient ruling.

(e) (Rav Yosef): The Halachah follows R. Yehoshua ben Korchah.
(f) (Beraisa - R. Meir): If a robber or ignoramus seeks to repent (Tosfos - after having accepted to be trustworthy and stumbled), we never (again) consider them reliable;
(g) Version #1 (Rashi): R. Yehudah says, if they are covert about repenting, we do not accept them; if they are open, we accept them;

1. Another version says, if they sinned in private, we accept them; if they are sinned openly, we do not accept them (we suspect that their repentance is insincere).

(h) Version #2 (Tosfos): R. Yehudah says, if in private they did not fulfill what they previously accepted, we do not accept them (for they deceive people); if they openly stumbled, we accept them;

1. Another version says, if they fulfilled their commitment in private, we accept them; if they (only) fulfilled it in public, we do not accept them. (End of Version #2)

2. R. Shimon and R. Yehoshua ben Korchah say, in either case we accept them - "Shuvu Banim Shovevim".

(i) (R. Yitzchak of Ako): The Halachah follows R. Yehoshua ben Korchah.

(a) (Mishnah - R. Yishmael): Three days before the festival are forbidden and three days after it;
(b) Chachamim say, before the festival is forbidden, after the festival is permitted.
(c) (Gemara - Rav Tachlifa bar Avdimi): According to R. Yishmael, one may never do business with Nochrim that celebrate Yom Rishon.
(d) (Mishnah - Chachamim): Before the festival is forbidden, after the festival is permitted.
(e) Question: This is just like the first Tana of the Mishnah (2A)! (The Mishnah would not bring the same opinion twice, they must argue about something!)
(f) Answer #1: The first Tana forbids three days in addition to the festival, Chachamim forbid three days including the festival.
(g) Answer #2: The first Tana permits b'Diavad if one (bought from or) sold to them before the festival, Chachamim forbid it.
(h) Answer #3: The first Tana agrees with Shmuel, who says that in Chutz la'Aretz, only the day of the festival is forbidden;

1. Chachamim forbid the three previous days even in Chutz la'Aretz.

(i) Answer #4: The first Tana forbids three days before the festival, Chachamim forbid only one day before, like Nachum ha'Madi.

1. (Beraisa - Nachum ha'Madi): Only one day before the festival is forbidden.
2. Chachamim: No one ever said such a thing!
3. Question: But Chachamim (in our Mishnah) agree with him!
4. Answer: Nachum is the Chachamim of our Mishnah.

(a) (Beraisa - Nachum ha'Madi): We may sell a male, old horse to Nochrim in wartime.
(b) Chachamim: No one ever said such a thing!
(c) Question: But ben Beseira also permits selling a horse to them!
(d) Answer: Ben Beseira does not distinguish between make and female horses;

1. Since Nachum only permits male horses, he must hold like Chachamim (that argue with ben Beseira); according to Chachamim, no one ever said such a thing.

(e) (Beraisa - Nachum ha'Madi): One must tithe the seeds, vegetable, and stems of dill.
(f) Chachamim: No one ever said such a thing!
(g) Question: But R. Elazar agrees with him!

1. (Mishnah - R. Elazar): One must tithe the seeds, vegetable, and stems of dill.

(h) Answer: That refers to dill which grows in a garden (all parts of it are edible; Nachum refers to dill which grows in a field, normally only the seeds are eaten).
(i) Question (Rav Acha bar Minyomi): Can it be that everything that Nachum said, no one agrees with him?!
(j) Answer (Abaye): The Halachah follows him regarding prayer.

1. (Beraisa - Nachum ha'Madi): One may make personal requests in the middle of the blessing 'Shome'a Tefilah'.

(k) Rejection: We do not rule like Nachum because he said the law, rather because Chachamim said so.

1. (Beraisa - R. Eliezer): One should request what he needs and then pray (Shemonah Esreh) - "Tefilah l'Ani Chi Ya'atof v'Lifne Hash-m Yishpoch Sicho";

i. 'Sichah' means prayer - "Va'Yetzei Yitzchak Lasu'ach ba'Sadeh".

2. R. Yehoshua says, one should pray and then request what he needs - "Eshpoch Lifanav Sichi Tzarasi Lifanav Agid".
3. Question: How does R. Eliezer explain this verse?
4. Answer: 'I will pour my prayer in front of Him, when my needs are already before Him (I already asked)'.
5. Question: How does R. Yehoshua explain "Chi Ya'atof v'Lifne Hash-m Yishpoch Sicho"?
6. Answer: 'I will express my needs when my prayer is already before Hash-m (I already prayed)'.
7. Question: The verses are inconclusive - on what do they argue?
8. Answer: About R. Simlai's law.

i. (R. Simlai): One should praise Hash-m before praying; we learn from Moshe - "Hash-m...Hachilosa Leharos Es Avdecha...Eberah Na v'Er'eh Es ha'Aretz"

9. R. Yehoshua learns from Moshe;
10. R. Eliezer does not learn from Moshe, Moshe's awesome deeds and Chachmah made him fitting to recount Hash-m's praises.
11. Chachamim say, one should request his needs in (the midst of prayer in) 'Shome'a Tefilah'.