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1) AFTER THE WAGES ARE DUE

(a) Question: Do we suspect that a worker (who claims payment after the due time) is trying to steal?
(b) Answer: Two Chazakos support the employer, only one supports the worker.

1. We have a Chazakah that an employer will not transgress "Lo Salin", and that a worker does not delay claiming his wages;
2. The only Chazakah supporting the worker is that we do not suspect him of stealing.

(c) (Mishnah): If witnesses saw the worker demand his wages, he swears and collects after the time.
(d) Question: Why do witnesses change things - we see the worker demanding his wages!
(e) Answer (Rav Asi): Witnesses saw the worker demand his wages before the due time.
(f) Question: Perhaps the employer paid him afterwards!
(g) Answer (Abaye): Witnesses saw the worker claiming the entire time until the deadline.
(h) Question: After this, the employer is never believed?!
(i) Answer (Rav Chama bar Ukva): The worker is only believed to swear (and collect) the next day.

(a) (Mishnah): If Reuven lent Shimon, he may only Memashken him (take a security from Shimon's house) through Beis Din.

1. He may not enter Shimon's house to take it - "Ba'Chutz Ta'amod".

(b) If Shimon has two vessels, Reuven only takes one.
(c) Reuven returns a pillow (when Shimon needs it) at night, and a plow by day.
(d) If Shimon dies, he need not return it to the heirs (he may sell it to collect the debt);
(e) R. Shimon ben Gamliel says, (even when Shimon is alive) Reuven never need return the security after 30 days - after that, he sells it in Beis Din.
(f) (Gemara - Shmuel): The messenger of Beis Din may Menate'ach (take a security from Shimon in the market), but he may not Memashken him.
(g) Question (Mishnah): If Reuven lent Shimon, he may only Memashken him through Beis Din.

1. We see, he may Memashken him through Beis Din!

(h) Answer (Shmuel): The Mishnah means, he may only Menate'ach.
(i) Support (Mishnah): He may not enter Shimon's house to take it - "Ba'Chutz Ta'amod".

1. Question: Who is forbidden to enter?

i. It cannot mean Reuven - the first clause teaches this!

2. Answer: Rather, the messenger of Beis Din is forbidden.

(j) Rejection: No - the Mishnah teaches that Reuven may not Memashken him, but Beis Din may;

1. Reuven may not even Menate'ach him (Bach - this is a decree), so he will not come to enter his house.

(k) Question (Rav Yosef): "Lo Yachavol Rechayim va'Rachev" - but one may Memashken other things!

1. "Lo Sachavol Beged Almanah" - one may Memashken garments of other people!
2. Question: Who may Memashken other things or people?

i. It cannot be the lender - "Lo Savo El Beiso La'avot Avoto"!

3. Answer: Rather, a messenger of Beis Din.

(l) Answer (Rav Papa brei d'Rav Nachman): Really, the verses speak of the lender, he transgresses an extra Lav if he takes a millstone or a widow's garment.
(m) (Beraisa) Question: "Ba'Chutz Ta'amod" - we already know that the borrower will take out the security!

1. The Torah says "veha'Ish" to include a messenger of Beis Din.
2. Suggestion: A messenger of Beis Din is like the borrower (he may enter the borrower's house).

(n) Answer: No, he is like the lender (he may not enter the borrower's house).
(o) Question (Beraisa): "Im Chavol Tachbol Salmas Re'echa" - the verse speaks of a messenger of Beis Din.

1. Question: Perhaps it speaks of the lender!
2. Rejection: "Lo Savo El Beiso La'avot Avoto" - the lender is already forbidden - rather, it speaks of a messenger of Beis Din.

(p) Answer: Tana'im argue whether or not a messenger of Beis Din may Memashken, Shmuel holds like the following Tana.

1. (Beraisa #1): If a messenger of Beis Din comes to Memashken, he may not enter the house - "Ba'Chutz Ta'amod veha'Ish (the borrower)" will take out the security.

(a) (Beraisa #2): If a lender comes to Memashken, he may not enter the house - "Ba'Chutz Ta'amod";

1. A messenger of Beis Din may enter the house to Memashken him.

(b) He may not Memashken things used to make food;
(c) He leaves a rich borrower with two beds and a felt blanket; he leaves a poor borrower with two beds and a mattress of reeds.
(d) He leaves what the borrower needs himself, not for the borrower's wife and children.
(e) Just as we Mesader for a borrower, also for someone that owes money of Erchin.
(f) Question: Just the contrary - the Torah teaches Sidur for someone that owes Erchin!
(g) Correction: Rather, just as we Mesader for someone that owes Erchin, also for a borrower.
(h) (Beraisa): He leaves a rich borrower with two beds and a felt blanket; he leaves a poor borrower with two beds and a mattress of reeds.
(i) Question: For whom does he leave the second bed?

1. It cannot be for his wife or children - the Beraisa continues, he leaves for the borrower himself, not for his wife and children!

(j) Answer: Both are for the borrower, one is to eat on, one is to sleep on.

1. (Shmuel): I know how to cure anything, with three exceptions: one who eats a bitter date on an empty stomach, one who girds a belt of wet flax, and one who does not walk four Amos after eating before he sleeps. (Therefore, it is advisable to have a second bed for sleeping at least four Amos from where he eats.)

(k) (A reciter of Beraisos): Just as we Mesader for someone that owes Erchin, also for a borrower.
(l) Objection (Rav Nachman): We even sell the borrower's property, all the more so we do not Mesader for him!

1. Question: Do we really sell his property?!

i. (Mishnah): Reuven returns a pillow at night, and a plow by day.

2. Answer: The Beraisa was said according to R. Shimon ben Gamliel, who says that we sell a security after 30 days.

i. (Mishnah): R. Shimon ben Gamliel says, Reuven need not return the security after 30 days - after 30 days, he sells it in Beis Din.

3. Question: How do we know that R. Shimon ben Gamliel says that the security is sold entirely to pay the debt?

i. Perhaps for 30 days, the security is returned intact; after this, an expensive security is sold, and the lender buys a (cheaper) replacement fitting for the borrower!

4. Answer: R. Shimon ben Gamliel holds that even an expensive security is fitting for any Yisrael.

(a) (Abaye): R. Shimon ben Gamliel, R. Shimon, R. Yishmael and R. Akiva all hold that Benei Yisrael are sons of kings.

1. R. Shimon ben Gamliel - (Mishnah): We may not move Luf (a type of legume) nor mustard on Shabbos, since they cannot be used until cooked or ground;
2. R. Shimon ben Gamliel permits Luf, since it is food for ravens (it is fitting for sons of kings to raise ravens).
3. R. Shimon - (Mishnah): Sons of kings may rub scented oil on their wounds on Shabbos, for they anoint themselves with scented oil even when they have no wound;
4. R. Shimon says, all Benei Yisrael are sons of kings (and are permitted).
5. R. Yishmael and R. Akiva - (Beraisa): Shimon owed 1000 Zuz, he was wearing a garment worth 10,000 - we make him sell it and buy something fitting for himself;
6. (Beraisa - R. Yishmael and R. Akiva): Any Yisrael is fitting for such a garment (he need not sell it).

(b) Question: Earlier, we suggested that an expensive security is sold, and the lender buys a (cheaper) replacement fitting for the borrower;

1. There are blankets and pillows of varying qualities - but a plow is a plow!

(c) Answer (Rava bar Rabah): The security was a silver plow.
(d) Question (Rav Chaga): Why can't the lender say 'I am not responsible for your livelihood'?
(e) Answer (Abaye): Indeed, the Torah makes him responsible - "U'Lcha Tihyeh Tzedakah"!