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1) COLLECTION FROM TWO OXEN

(a) (Mishnah): Two oxen of Reuven...they are liable.
(b) (Inference - Rava of Parzika): When (we do not know which of) 2 Tamim oxen damage, the damagee may collect from either.
(c) Rejection (Rav Ashi): No - the case is, both are Mu'ad.
(d) Question (Rava): But the end of the Mishnah says: Levi says, the big ox damaged the big ox... - if they are Mu'ad, it doesn't matter which damaged which!
(e) Answer #1 (Rav Ashi): The beginning of the Mishnah speaks of Mu'adim, the end, of Tamim.

1. Question #1 (R. Acha Sava): If they are Mu'adim - why does the Mishnah say they are liable, it should say that Reuven is liable!
2. Question #2 (R. Acha): Why does it say that both of them are liable (even 1 pays full damage)!

(f) Answer #2: Really, they are Tamim; the Mishnah is as R. Akiva, who says that the damagee is a partner in the damager.

1. 'Both are liable' means, when both animals are here, Reuven pays - if 1 was lost, he would be exempt - he could say, perhaps the lost animal damaged.

2) MULTIPLE GORINGS

(a) (Mishnah - R. Meir): Reuven's ox gored 4 or 5 oxen, of (Shimon,) Levi, Yehudah, Gad and Asher. He pays the damage to Asher's ox, up to the value of his ox.

1. If there is money left over (his ox is worth more than the damage) - he uses it to pay Gad (and if there remains - Yehudah, Levi, Shimon) - the last damagee always collects first.

(b) R. Shimon says, David's ox worth 200 (Dinarim) gored Moshe's ox worth 200, the carcass is worthless - David and Moshe each end up with 100.

1. The ox then gored Kalev's ox - Kalev gets 100, David and Moshe each end up with 50.
2. The ox then gored Aharon's ox - Aharon gets 100, Kalev get 50, David and Moshe each end up with a gold Dinar (25).

(c) (Gemara) Question: (R. Meir in) our Mishnah is not as R. Yishmael, nor as R. Akiva!

1. According to R. Yishmael, the damagees are creditors (not partners in the damager) - the first damagee should collect first, not the last!
2. According to R. Akiva, the damagees are partners in the damager - extra money should be split equally, the last damagee should not collect first!

(d) Answer (Rava): Really, it is as R. Yishmael; the reason the latter damagee collects first is because the case is that each damagee seized the ox to collect from it;

1. He is as a paid watchman, who is responsible for damage the animal does.

(e) Question: If so, why does extra money go to the last damagee - it should go to the owner!
(f) Answer (Ravina): The Mishnah says, if a damagee owns more of the animal than it damaged the next time, he keeps the excess.

1. Ravin also explained that the Mishnah is when the damagees did not guard the damager.

(g) Question: But the end of the Mishnah is not as R. Yishmael!

1. (Mishnah): R. Shimon says, David's ox worth 200 gored Moshe's ox worth 200, the carcass is worthless - David and Moshe each end up with 100.
2. The ox then gored Kalev's ox - Kalev gets 100, David and Moshe each end up with 50.
3. The ox then gored Aharon's ox - Aharon gets 100, Kalev get 50, David and Moshe each end up with 25.
4. This is as R. Akiva, who says that the damagee is a partner! Can the beginning of the Mishnah be as R. Yishmael, and the end as R. Akiva?!

(h) Answer (Shmuel): Yes!

(a) (Mishnah): One who was Toke'ah a man (hit him near the ear; others explain, blew a shofar in his ear) pays 1 Sela;

1. R. Yehudah says, he pays 100 (silver) Dinarim.

(b) A man was Toke'ah Shimon. Rav Tuvya bar Masnah asked Rav Yosef if the Mishnah means a Sela Tzuri (pure silver) or a common Sela (1/8 silver).

1. Rav Yosef: We learn from our Mishnah - the first 2 each end up with a gold Dinar (which is 25 silver Dinarim).

i. If Sela'im (of the Mishnah) are common Sela'im - the Mishnah should have spoke of another goring - the first 2 would get 12 (silver) Dinarim and a Sela (which is half a Dinar)! (Rather, Sela'im are of Tzur (4 Dinars), and the Tana did not want to speak of fractions.)

2. Rejection: The Tana will not lengthen the Mishnah unless this teaches something new!

(c) Question: What was the final ruling?
(d) Answer: They learned from Rav Yehudah.

1. (Rav Yehudah): All money mentioned in the Torah is of Tzur; all money of Rabbinical decree (such as Toke'a) is common money.

(e) When Shimon heard that he will only receive a half-Dinar, he was not interested - 'Give it to the poor'. He later retracted and asked to get it.
(f) Rav Yosef: You cannot retract - the poor already acquired it;

1. Even though there are not poor people here, I acquired on behalf of poor people elsewhere.

(g) (Rav Yehudah): Orphans do not need Pruzbul (a document handing over money owed to them to Beis Din, so the loans will not be cancelled in Shemitah).
(h) (Rami bar Chama): Orphans do not need Pruzbul - R. Gamliel and his Beis Din are as the father of orphans.
(i) Chanan Bisha was Toke'ah a man. Rav Huna ruled that he must pay a half Dinar. Chanan had a rubbed out Dinar, people did not accept it. He hit the man another time, and gave him the Dinar.