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1) RETURNING THE FULL VALUE

(a) (Mishnah - R. Tarfon): The finder may use the money...
(b) They only argue if the finder used the money - if not, all agree that if it was lost, he is exempt.
(c) Suggestion: This refutes Rav Yosef!

1. (Rabah): One who watches a lost object is a free watchman;
2. (Rav Yosef): He is a paid watchman.

(d) Answer (Rav Yosef): All agree that if the money is stolen or lost, he is liable; they argue by Onsim.

1. R. Tarfon says that Chachamim permit him to use the money, so he is a borrower, he is liable;
2. R. Akiva says that Chachamim forbid him to use the money, he is not a borrower, he is exempt.

(e) Question: If so, why does R. Akiva say 'therefore'? (If he never used the money, obviously he is exempt!)

1. This is not difficult for Rabah, who says that they argue when the money is stolen or lost. One might have thought, one who watches a lost object has the law of a paid watchman - R. Akiva teaches, this is not so; he may not use the money, therefore he is as a free watchman, he is exempt.
2. But if all agree that if the money is stolen or lost, he is liable, and they argue by Onsim - it would suffice for R. Akiva to say that he may not use the money, and it is clear that he is exempt!

(f) Answer: Since R. Tarfon said 'therefore', R. Akiva also said it.
(g) Question: Why did R. Tarfon say 'therefore'?
(h) Answer: Because Chachamim permit him to use the money, it is as if he used it, he is liable (as a borrower).
(i) Question: But the Mishnah says that the money was lost!

(j) Answer: This is as Rabah taught (elsewhere).

1. (Rabah): They were stolen - by armed robbers; it was lost - the ship sank (these are Onsim).

(k) (Rav Yehudah): The Halachah follows R. Tarfon.
(l) Rachbah was holding orphans' money; he asked Rav Yosef if he may use it.
(m) Rav Yosef: Rav Yehudah said, the Halachah follows R. Tarfon; similarly, you may use it.
(n) Abaye: But R. Chelbo added, that is only when the finder sold the lost object, since he exerted himself, but not when he found money;

1. Holding orphans' money is like finding money!

(o) Rav Yosef agreed, and forbade Rachbah to use it.

(a) (Mishnah): One who finds Seforim (written on parchment, wrapped around poles) should read in them once every 30 days; if he does not how to read, he should roll them from beginning to end;

1. He should not learn in it something he has not learned before (for he would spend a long time in one place), nor should two people read together.

(b) One who finds a garment should shake it once every 30 days and spread it out for its upkeep, not for his own honor.
(c) Silver or copper vessels - he should use them for their upkeep, but not wear them out.
(d) Gold or glass vessels - he should leave them until Eliyahu comes and not touch them.
(e) If he finds a bag, box or anything that he usually would not carry (it is below his dignity), he leaves it there.
(f) (Gemara - Shmuel): One who finds Tefilin in the market - he estimates their value and may wear them immediately (on condition to give their value to the owner, if he can give a sign).
(g) Question (Ravina - Mishnah): One who finds Seforim should read in them once every 30 days; if he does not how to read, he should roll them.

1. The Mishnah does not say to estimate them and take them!

(h) Answer (Abaye): Tefilin are readily available to buy (the owner is happy to get their value), Seforim are not easily bought.

(a) (Beraisa): Reuven borrowed Shimon's Sefer Torah - he may not lend it to Levi;

1. He opens it and reads in it, but he should not learn in it something for the first time, nor should another person read with him.

(b) Similarly: if Shimon deposited his Sefer Torah by Reuven, Reuven should roll it every 12 months, open it and read in it;

1. If he opened it for his own needs, he may not read in it;
2. Sumchus says, a new Sefer Torah should be rolled every 30 days; and old one, every 12 months;
3. R. Eliezer ben Yakov says, both new and old are rolled every 12 months.

(c) (Beraisa): Reuven borrowed Shimon's Sefer Torah - he may not lend it to Levi.
(d) Question: Why is this law said by a Sefer Torah - it applies to any borrowed object!

1. (Reish Lakish): A Mishnah teaches that a borrower may not lend to another person, a renter may not rent to another!

(e) Answer: One might have thought, regarding a Sefer Torah, a person is happy that a Mitzvah is done with his property - the Beraisa teaches, this is not so.
(f) Question (Beraisa): 'He opens it and reads in it' - this is obvious, that is what he borrowed it for!
(g) Answer: The Chidush is the next clause - he should not learn in it something for the first time.
(h) (Beraisa): Similarly, if Shimon deposited his Sefer Torah by Reuven, Reuven rolls it every 12 months, opens it and read in it.
(i) Question #1: Why is he using it for himself?
(j) Question #2 (Beraisa): 'If he opened it for his own needs, he may not read in it' - but the Beraisa just said that he should read in it!
(k) Answer: It means, if when he is rolling it, he opens it and reads in it, this is permitted; if he opened it for himself, it is forbidden.
(l) (Beraisa): Sumchus says, a new Sefer Torah should be rolled every 30 days; and old one, every 12 months;

1. R. Eliezer ben Yakov says, both new and old are rolled every 12 months.

(m) Question: R. Eliezer ben Yakov says just as the first Tana!
(n) Correction: The Beraisa should say, R. Eliezer ben Yakov says, both new and old are rolled every 30 days.
(o) (Mishnah): He should not learn in it something he has not learned before, nor should two people read together.
(p) Contradiction (Beraisa): He should not read a Parshah in it and repeat it, nor read a Parshah and translate it, nor open it exposing more than 3 parchments, nor should 3 people read in one Sefer at a time.

1. Inference: Two people may read together!

(q) Answer (Abaye): Two people may read in one Parshah, but not in two Parshiyos (Rashi; Rambam - just the opposite).

(a) (Mishnah): One who finds a garment should shake it once every 30 days...
(b) Inference: This implies that shaking it out is good for it.
(c) Question: But R. Yochanan said that shaking out a garment every day wears out clothing!
(d) Answer #1: Shaking it out once in 30 days is good for it, shaking it out every day harms it.
(e) Answer #2: When one person shakes it out, this is good for it; when two people shake it out, this harms it.
(f) Answer #3: Shaking it out by hand is good for it, shaking it using a stick harms it.
(g) Answer #4: Shaking out a woolen garment harms it, shaking out a linen garment is good for it (Rashi; Rambam - just the opposite).
(h) (R. Yochanan): Drinking lukewarm water is more harmful than water affected by witchcraft.

1. This is only in a metal vessel, but in earthenware, there is no problem.
2. Even in a metal vessel - if the water was boiled, there is no problem.
3. If herbs or spices were put in the water, there is no problem.

(i) (R. Yochanan): The following deplete a person's wealth: wearing linen garments, using glass vessels, and leaving hired workers unattended.

1. Wearing linen garments - he speaks of Roman linen (which is expensive and wears out quickly).
2. Using glass vessels - he speaks of 'white glass' (a very rare crystal);
3. Leaving hired workers unattended - hired workers such as plowers (who can ruin the field and the cattle),