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(a) (Rav Chisda): We summons someone to come to Beis Din on Monday; if he does not come, we summons him on Thursday, then again Monday;

1. We do not write the Pesicha until Tuesday (perhaps he will come at the end of the day on Monday).

(b) Rav Kahana summonsed a woman in the evening; the next morning, he wrote a Pesicha.

1. Rac Asi: But Rav Chisda said that we only write after summonsing Monday, Thursday, and Monday!
2. Rav Kahana: That is by a man, who is often away - but women are in town, failure to come immediately is rebellion.

(c) (Rav Yehudah): We do not summons people to come in Nisan, Tishrei, Erev Yom Tov or Erev Shabbos (for people are busy then);

1. We may summons in Nisan or Tishrei to come after Nisan or Tishrei;
2. We do not summons people on Erev Shabbos to come after Shabbos.
3. Question: Why not?
4. Answer: Since he is busy preparing for Shabbos, he will forget.

(d) (Rav Nachman): We do not summons people when they come to hear the Chacham on Shabbos or the month before the festivals.

1. Nowadays, people pretend that they came to hear the Chacham (to avoid being summonsed) - if Beis Din believes this is the case, they give no exemption.

(a) (Mishnah): If Reuven stole something with Acharayos (e.g. land) and died (leaving it to his children), they must return it.
(b) Rebbi: This is not only land - even if he stole an animal to work with it, they must return it, on account of their father's honor (so people will not be reminded of the theft).
(c) Question (Rav Kahana): What is the law by a bed or table to recline or eat on?
(d) Answer (Rav): This is like an animal to work with it.

(a) (Mishnah): We may not change coins with or take Tzedakah from a tax collector (for we assume it is stolen money), but we may take from (his own money) from his house or in the market.
(b) (Gemara - Beraisa): One may take change from a tax collector when paying the tax.
(c) [Version #1 (Mishnah): From a tax collector...
(d) Question: But Shmuel taught, the law of the kingdom is binding (what he takes is not theft)!
(e) Answer #1 (Rav Chanina bar Kahana): The Mishnah speaks of a tax collector that takes as much as he wants.
(f) Answer #2 (Tana d'vei R. Yishmael): The Mishnah speaks of a self-appointed tax collector.]
(g) [Version #2 (Mishnah): A person may not wear Shatnez, even on top of 10 layers of clothing, to evade the tax.

1. The Mishnah is not as R. Akiva.
2. (Beraisa): It is forbidden to evade the tax; R. Shimon says that R. Akiva permits (wearing Shatnez to) evade the tax.

(h) We understand the argument by Shatnez - the Tana of the Mishnah holds that something one does not intend for (e.g. benefit from wearing Shatnez) is permitted, R. Akiva holds that it is forbidden;
(i) Question: But all should agree that it is forbidden to evade the tax!

1. (Shmuel): The law of the kingdom is binding!

(j) Answer #1 (Rav Chanina bar Kahana): The Beraisa speaks of a tax collector that takes as much as he wants.
(k) Answer #2 (Tana d'vei R. Yishmael): The Beraisa speaks of a self-appointed tax collector.]
(l) [Version #3 (Mishnah): We may falsely vow to murderers, extortionists and tax collectors that something is Terumah or belongs to the king.
(m) Question: Why may we lie to tax collectors - Shmuel taught, the law of the kingdom is binding!
(n) Answer #1 (Rav Chanina bar Kahana): The Mishnah speaks of a tax collector that takes as much as he wants.
(o) Answer #2 (Tana d'vei R. Yishmael): The Mishnah speaks of a self-appointed tax collector.]
(p) Answer #3 (Rav Ashi): The Mishnah speaks of a Kana'ani tax collector.

(a) (Beraisa - R. Yishmael): A Yisrael and a Kana'ani extortionist came for judgment - if Torah law favors the Yisrael, we rule by Torah law;
(b) If Kana'ani law favors the Yisrael, we rule by Kana'ani law;
(c) If neither favors the Yisrael, we seek a ruse to exempt the Yisrael;

1. R. Akiva says, we may not seek a ruse, this is not sanctification of Hash-m's name.
2. Inference: If sanctification of Hash-m's name was not involved, we could use a ruse!

(d) Question: But it is forbidden to steal from Kana'anim!

1. (Beraisa - R. Shimon citing R. Akiva): We learn that it is forbidden to steal from Kana'anim from the law of a slave sold to a Kana'ani.

i. "After he is sold, he will have redemption" - we may not forcibly take him without paying.

ii. Suggestion: Perhaps the Kana'ani can demand more than he is entitled to!
iii. Rejection: "He will calculate with the master" - he will make a precise calculation with the master.

(e) Answer #1 (Rav Yosef): This Beraisa refers to a Ger Toshav - but one may steal from a Kana'ani.
(f) Question (Abaye): But the same verse speaks of both a Kana'ani and a Ger Toshav!

1. (Beraisa): "(He will be sold) to a Ger" - this does not refer to a convert, for it says "to a Ger Toshav";
2. "The family of a Ger" - this is a Nochri;
3. "L'Eker" - this is one sold to service the image itself!

(g) Answer #2 (Rava): It is forbidden to steal from a Kana'ani, but one may use a ruse to evade paying a debt to a Kana'ani.
(h) Question (Abaye): But one must pay the proper redemption to a Kana'ani, even though this is as a debt!
(i) Answer: We know that Rava holds that a Yisrael slave is bodily owned by his master (for the period of service - therefore, to forcibly take him without paying the proper amount is outright theft).
(j) (Rav Bivi bar Gidal): It is forbidden to steal from a Kana'ani, but one may keep a lost object of a Kana'ani.

1. (Rav Huna): It is forbidden to steal from a Kana'ani - we learn from "You will consume all those that Hash-m gives to you";

i. You are only permitted (to steal from them) when you conquer them in war.

2. (Rav Chama bar Gurya): One may keep a lost object of a Kana'ani - we learn from "For any lost object of your brother";

i. By a lost object of your brother, you return it, not a lost object of a Kana'ani.

3. Question: Perhaps that only exempts one from taking the object to return it - how do we know that one who took it may keep it?
4. Answer (Ravina): The verse says "And you found it" - this connotes, he already picked it up.

(k) (Beraisa - R. Pinchas ben Ya'ir): If desecration of Hash-m's name will result, even keeping a Kana'ani's lost object is forbidden.
(l) (Shmuel): If the Kana'ani erred, one may take advantage of this.

1. A Kusi (thought that he) sold a copper vessel to Shmuel - really, it was gold;

i. Further, Shmuel only paid 3, in place of 4 - the Kusi did not notice.

(m) Rav Kahana bought 120 vessels from a Kusi for 100 - he only paid 99, and told him 'I rely on you (to verify that I paid correctly; some explain, the Kusi told Rav Kahana 'I rely on you').
(n) Ravina bought a date tree in partnership with a Kusi, each would take half the wood. He told his servant to take from the trunk (before the Kusi takes), because the Kusi only looks at the number of logs, not the thickness.
(o) Rav Ashi was walking; he saw some grape clusters hanging on vines in an orchard. He told his servant 'See who owns them - if it is a Kusi, bring them to me; if a Yisrael, do not'.

1. The owner, a Kusi, heard this. He angrily asked 'may you steal from Kusim?!'
2. Rav Ashi: (I did not want to take for free -) a Kusi would accept money for them, a Yisrael would not.

(a) (Shmuel): The law of the kingdom is binding.
(b) Support (Rava): Surely this is true - the kingdom cuts trees to make bridges, and we use them! (If the kingdom's law was not valid, this would be using stolen property)
(c) Question (Abaye): Perhaps we may use them because the owners despaired from getting back their wood!
(d) Answer (Rava): If the kingdom's law was not valid, the despair would not take effect (since the logs are in front of us)!
(e) Question: (Even if the kingdom's law is valid, how may we use them) - the trees are not cut as the king says!

1. The king says to cut some from every valley - the cutters take them all from 1 valley!

(f) Answer: Messengers of the king (have authority) like the king, they need not exert themselves to take from each valley;

1. Members of the valley they take from are entitled to demand compensation from the other valleys - if they did not do so, they inflicted the loss upon themselves!

(g) (Rava): There were partners in grain; if the tax collector found 1 of them by his grain and took the taxes, this was on behalf of all the partners, they must compensate him.

1. This is only by a partner - but the tax collector has no right to take taxes on the owner's grain from the sharecropper's portion (if he does, it is theft).

(h) (Rava): A (Yisrael) tax collector may take a pledge from someone for the tax owed by someone of the same city.

1. This is only applies to this year's land and head taxes - but not from a previous year (for which the king has already received the tax, what is collected from now on (for last year) belongs to the tax collector).