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1) LEARNING FROM FINES

(a) Question: How do we know that one may not learn to other cases from a fine?
(b) Answer #1 (Beraisa ): At first they used to say that one is liable for making another's produce Tamei, or pouring his wine to idolatry; later, they included Medame'a (mixing Chulin with Terumah, forbidding it to a non-Kohen).

1. Initially, Medame'a was exempt.
2. Suggestion: This is because making Tamei and pouring libations are fines, we cannot learn to other cases (of unnoticeable damage).

(c) Rejection: No - at first they were only fined when a major loss resulted (Tamei Terumah and wine of idolatry are forbidden to all); later, they fined even for a small loss (a mixture of Terumah can be sold to a Kohen).
(d) Answer #2: R. Avin's father taught differently - at first they used to say that Metamei and Medame'a are liable; later, they included pouring to idolatry;

1. Initially, pouring to idolatry was exempt.
2. Suggestion: This is because Metamei and Medame'a are fines, we cannot learn to other cases.

(e) Rejection: No - at first they held as R. Avin (as follows); later, they held as R. Yirmeyah.

1. (R. Avin): Reuven threw an arrow 4 Amos in the public domain on Shabbos; it tore silk along the way - he is exempt for the silk, because the liability for Shabbos depends on the initial thrust.

i. (We consider liability for Shabbos to begin then, so he tore the silk as he was breaking Shabbos - since he is liable to death for Shabbos, he is exempt from all payments. Similarly, liability for idolatry depends on picking up the wine to pour it; we consider liability for idolatry to begin then, so he is exempt from all payments.)

2. R. Yirmeyah: From the moment he picks up the wine, he is obligated to return it; he is not liable for idolatry until he pours it.

(a) Nochrim forced Reuven to show them money (to take); he showed them Shimon's money. Rav Huna bar Yehudah obligated him to pay.
(b) Rava: Retract the ruling!

1. (Beraisa): Nochrim forced Reuven to show them money (to take); he showed them Shimon's money - he is exempt;

i. If Reuven took the money and gave it to them, he is liable.
ii. (Rabah): If he voluntarily showed them, that is like taking the money and giving it to them.

(c) Nochrim forced Ploni to show them money; he showed them Rav Mari's wine. They asked Ploni to help them carry it; he complied. Rav Ashi exempted him.
(d) Question (Rabanan - Beraisa): If Reuven took the money and gave it to them, he is liable.
(e) Answer (Rav Ashi): That is when Reuven brought them the money; here, he only helped them once they already saw it - it is as if they already took it.
(f) Question (R. Avahu - Beraisa): An extortionist told Reuven 'Pass me a bundle of sheaves or a cluster of grapes'; he passed it to him - he is liable.
(g) Answer (Rav Ashi): The case is, the extortionist was on the other side of a river, he could not have taken it himself.

1. Support: He said 'Pass me', not 'give me'.

(h) Reuven and Shimon each claimed to own a certain (bird or fish) trap. Reuven handed it over to the king's officer.
(i) Abaye: We cannot make him pay - he claims, it was his!
(j) Rava: We don't allow him to do such a thing!

1. Rather, he is excommunicated until he brings the trap to Beis Din so they can judge the case (even if he must pay extra to get it back).

(k) Levi wanted to show Yehudah's straw (to extortionists). Rav told him not to; he persisted, 'I will show'.
(l) Rav Kahana broke Levi's neckbone.

1. Rav: "...As a trapped wild ox" - just as a wild ox, once it is trapped, no one has mercy on it - once money of Yisrael falls into the hands of Nochrim, they have no mercy on it.

(m) Rav: Until now, we were ruled by Persians, who did not care about murder - but now the Yevanim rule, they object to it!

1. You should go to Eretz Yisrael; accept on yourself not to ask any questions of R. Yochanan for 7 years.

(n) Reish Lakish heard Rav Kahana in learning, and praised him to R. Yochanan; R. Yochanan seated him in the front row.

1. As R. Yochanan taught, Rav Kahana kept silent; he was successively moved back 7 rows, to the last row.
2. Rav Kahana considered this humiliation as equal to 7 years of not asking questions. He then asked on all the teachings, stumping R. Yochanan. R. Yochanan looked closer at the stunning Talmid; because of a cut on Rav Kahana's lip, it looked like he was laughing at R. Yochanan. R. Yochanan felt bad, and Rav Kahana died.
3. When R. Yochanan learned about the cut, he went to the cave where he had been buried. A snake was guarding it; R. Yochanan could not enter until he referred to himself as Rav Kahana's Talmid.

4. R. Yochanan prayed, and Rav Kahana returned to life. Rav Kahana answered all of R. Yochanan's doubts.

(o) Reuven showed R. Aba's silk ornament to extortionists.
(p) R. Avahu, R. Chanina bar Papa and R. Yitzchak Nafcha thought that he is liable, as the following Mishnah.

1. (Mishnah): If a judge acquitted the guilty party, obligated the exempt party, pronounced Tamei what was really Tahor, or pronounced Tahor what was really Tamei - what he did is done, and the judge must pay (for any resulting loss).

(q) Rejection (R. Elazar): No - Rav taught, the Mishnah is when the judge himself gave the money to the wrong party.
(r) R. Avahu, R. Chanina bar Papa and R. Yitzchak Nafcha (to R. Aba): Go to R. Shimon ben Elyakin and R. Elazar, who obligate one who damaged through Garmi (causation).
(s) R. Shimon ben Elyakin and R. Elazar: This is as our Mishnah - if they took it on account of Reuven, he must give another field to Shimon - and we established the case as when he showed the field.

(a) Reuven had deposited a silver cup by Shimon. Robbers came; he gave it to them. Rabah exempted him.
(b) Objection (Abaye): But he saved himself with another's money!
(c) (Rav Ashi): If Shimon is wealthy - presumably, the robbers came for his money (and he is liable for saving himself with Reuven's money);

1. If Shimon is not wealthy - presumably, the robbers came for Reuven's cup, Shimon is exempt.

(d) Reuven was holding a wallet with communal funds for redeeming captives. Robbers came; he gave it to them. Rabah exempted him.
(e) Objection (Abaye): But he saved himself with another's money!
(f) Answer (Rabah): The money was meant for redeeming captives - he redeemed himself!
(g) Reuven had brought his donkey on a ferry. The ferry was in danger of sinking; Shimon threw the donkey overboard, and it drowned. Rabah exempted him.
(h) Objection (Abaye): But he saved himself with another's money!
(i) Answer (Rabah): Reuven was threatening their lives by bringing the donkey aboard!

1. This is as Rabah taught elsewhere.
2. (Rabah): As Levi was chasing Yehudah to kill him, he broke vessels - he is exempt, whether they belong to Yehudah or to others, for he is liable to be killed while he chases.
3. If Yehudah broke Levi's vessels, he is exempt - since he may kill Levi, all the more so he may break his vessels;
4. If Yehudah broke someone else's vessels, he is liable - one may not save himself with another's money.
5. If David was chasing Levi to stop him from killing Yehudah and broke vessels, whether they belong to Yehudah or to others, he is exempt;

i. Letter of the law, he is liable; this is an enactment, so people will not refrain from trying to save a pursued person.

(a) (Mishnah): (Reuven stole Shimon's field and) the river flooded it - Reuven can say, your field is in front of you.
(b) (Gemara - Beraisa - R. Eliezer): (Reuven stole Shimon's field and) the river flooded it - he must give him another field;

1. Chachamim say, he can say, your field is in front of you.

(c) Question: On what do they argue?
(d) Answer: R. Elazar expounds through the method of inclusions and exclusions;

1. "He will deny his neighbor" - this is an inclusion; "by a deposit" - exclusion; "anything he will swear about" - inclusion;
2. From the inclusion, exclusion, inclusion we include everything (that one must swear about them, and return them if stolen), we only exclude documents.

(e) Chachamim expound by the method of generalities and specifics;

1. "He will deny his neighbor" - this is a generality; "by a deposit" - specific; "anything he will swear about" - generality;
2. From the generality, specific, generality we include everything similar to the specific - things that can be moved and have intrinsic value;

i. We exclude land, for it cannot be moved, and also slaves, for these are equated to land;
ii. We exclude documents, for these have no intrinsic value.

(f) Question (Beraisa - R. Elazar): Reuven stole a cow; a flooding river washed it away -he must give him another cow;

1. Chachamim say, he can say, your cow is there.
2. Question: By a cow, on what do they argue?

(g) Answer (Rav Papa): The case is, he stole a field on which a cow was lying.

1. R. Elazar holds that land can be stolen - Agav (by way of this), the cow is also stolen.
2. Chachamim hold that land cannot be stolen, so the cow is not stolen either.