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1) LOSS IN VALUE OF THE CARCASS

(a) Suggestion: Tana'im argue regarding loss in value of the carcass.

1. (Beraisa): "(The watchman) will bring Ed" - he brings Edim (witnesses) that it became Treifah through Ones (beyond his control) to exempt himself;
2. Aba Sha'ul says, he brings Edudah (the carcass) to Beis Din.
3. Suggestion: The first Tana holds, the damagee suffers regarding loss in value of the carcass; Aba Sha'ul holds, the damager suffers the loss.
4. Rejection: No - all agree, the damagee suffers the loss - they argue regarding who must toil to retrieve it.
5. Support (Beraisa - Others): "He will return money to the owner, and the carcass" - this teaches that the owner of the pit must take the carcass out of the pit.

(b) Question (Abaye): What is the case of toil to retrieve it?

1. Suggestion: If it is worth 1 Zuz in the pit, and 4 Zuz on the edge of the pit - the pit owner toils for his profit!

(c) Answer (Rava): The case is, it is worth 1 Zuz in the pit, and also on the edge of the pit.
(d) Question: Is that ever the case?
(e) Answer: Yes - as people say, a beam in the city is worth

1 Zuz, the same as in the wilderness.

(a) (Shmuel): We do not evaluate (the value of carcass towards the required payment) for thieves or robbers, only for damagers - my father and I say, even for a borrower.
(b) Question: Does he mean, even for a borrower we do evaluate, or we do not?
(c) Answer: A man borrowed an axe and broke it; Rav ruled that he must pay the full value of an axe.

1. This shows that we do not evaluate for borrowers.

(d) Rejection: To the contrary! Rav Kahana and Rav Asi asked Rav if that was really the law, and Rav was silent!

1. This shows that we do evaluate for borrowers!

(e) (Ula): We evaluate for thieves or robbers.
(f) (Rav Papi): We do not evaluate for them.

1. The law is, we do not evaluate for them, but we do evaluate for a borrower, as Rav Kahana and Rav Asi.

(a) (Ula): A fetal sac that partially left the womb on Sunday, and part came out on Monday -the days of Tum'ah (of childbirth) start from Sunday.
(b) Question (Rava): Are you being stringent? This stringency will lead to a leniency, for she will consider herself Tehorah 2 weeks from Sunday!
(c) (Rava): Rather, she is concerned that she became Teme'ah on Sunday - but she only counts days of Tum'ah starting Monday.
(d) Question: Ula teaches that (even) part of a fetal sac always contains (part of) a child - but a Mishnah teaches this!

1. (Mishnah): A fetal sac (of an animal) that partially left the womb - it is forbidden to eat;
2. What is a sign (that there was) a child in a woman is also a sign in an animal.

(e) Answer: From the Mishnah, one might have thought that a fetal sac does not always contains a child; the Mishnah decrees when part of the sac left on account of when the entire sac left - Ula teaches, this is not so.

(f) (Ula): A firstborn boy that became Treifah within 30 days - we do not redeem him.
(g) (Rami bar Chama): "You will surely redeem" - one might have thought, even if he became Treifah within 30 days - "Only" teaches, you do not.
(h) (Ula): A large (i.e. work) animal is acquired through Meshichah (dragging to one's domain).
(i) Question: But a Mishnah says, it is acquired through Mesirah (handing over).
(j) Answer: Ula holds as the following Tana.

1. (Beraisa): Chachamim say, both large and small animals are acquired through Meshichah;
2. R. Shimon says, both are acquired through lifting.

(k) (Ula): Brothers that split an inheritance - we evaluate the value of the clothes each brother is wearing (as part of his share), but not what his children are wearing.
(l) (Rav Papa): Sometimes, we don't even evaluate what a brother is wearing, such as an eldest brother (that pleads on behalf of his brothers) - they want that he should be dressed nicely, so his words will be heeded!
(m) (Ula): A watchman that handed over (what was given to him) to another watchman, he is exempt;

1. Not only a free watchman that gave to a paid watchman, for he elevated the level of guarding - but even a paid watchman that gave to a free watchman, who lowered the level of guarding, is exempt, for he gave it to a person with understanding.

(n) (Rava): A watchman that handed over to another watchman is liable;

1. Not only a paid watchman that gave to a free watchman, who lowered the level of guarding, is liable, for he lowered the level of guarding - but even a free watchman that gave to a paid watchman, who raised the level of guarding, is liable, for the depositor can say that he doesn't trust the oath of the second watchman.