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1) WHY ARE DICEPLAYERS DISQUALIFIED?

(a) (Mishnah - R. Yehudah): When is this? If they have no other profession - but if they have another profession, they are Kesherim.
(b) Question: This shows that the reason is because they do not contribute to society - this refutes Rami bar Chama!

1. Suggestion: Chachamim argue with R. Yehudah, they disqualify because it is Asmachta.
2. Rejection: R. Yehoshua ben Levi taught, whenever R. Yehudah says (in a Mishnah) 'When is this?' or 'What is the case?', he does not argue, he rather explains the first Tana;
3. (R. Yochanan): When R. Yehudah says 'When is this?', he explains; when he says 'What is the case?', he argues.

(c) Answer: Rami bar Chama is an Amora, just like R. Yehoshua ben Levi and R. Yochanan - he argues with them, he says that 'When is this?' shows that R. Yehudah argues with the first Tana.
(d) Question: Surely, R. Yehudah argues with Chachamim!

1. (Beraisa): Whether or not he has a profession he is disqualified.

(e) Answer: That Beraisa is not Chachamim, it is R. Yehudah according to R. Tarfon.

1. (Beraisa - R. Yehudah citing R. Tarfon): (Reuven said 'I accept Nezirus if Ploni is a Nazir; Shimon said 'I accept Nezirus if Ploni is not a Nazir'.) In any case, neither Reuven nor Shimon is a Nazir, because (acceptance of) Nezirus requires Hafla'ah (certainty - likewise, betting is Asmachta, it is not an acquisition).

(a) (Mishnah): Those who lend on Ribis (are disqualified from testifying and judging)
(b) (Rava): One who borrows on Ribis is disqualified.
(c) Question: The Mishnah taught, those who lend on Ribis!
(d) Answer: It means, a loan on Ribis disqualifies (the lender and borrower).
(e) Ploni testified 'I saw Bar Binisum borrow on Ribis', Almoni testified 'I borrowed from Bar Binisum on Ribis'; Rava disqualified Bar Binisum.
(f) Question: But Rava said that one who borrows on Ribis is disqualified, therefore, Almoni is a Rasha - "Al Tesht Rasha Ed".
(g) Answer: Rava ruled according to another of his teachings.

1. (Rava): A person is considered a relative with respect to himself, he cannot disqualify himself by saying that he is a Rasha.

(h) A butcher sold Treifah meat in the guise of Kosher; Rav Nachman disqualified (many texts say - excommunicated) him and deposed him.

1. The butcher let his hair and nails grow (signs of repentance); Rav Nachman thought to return him to his post.
2. Rava: Perhaps he is scheming!

(i) Question: How do we know that he has repented?
(j) Answer: Rav Idi bar Avin taught, one suspected of selling Treifah meat in the guise of Kosher is not trusted until he goes to a place where he is not known and returns a valuable lost object or admits that one of his animals is Treifah, suffering a major loss.

(a) (Mishnah): Mafrichei Yonim.
(b) Question: What does this mean?
(c) Answer #1 (Chachamim of Bavel): People who bet 'If my bird will come before your bird...'
(d) Answer #2 (Rav Chama bar Oshaya): People who train their birds to lure other birds after them (i.e. they take others' birds).
(e) Question: Why didn't Chachamim of Bavel say this?
(f) Answer: That is (not real theft, for flying birds are Hefker, taking them is) only considered theft mid'Rabanan on account of Shalom.
(g) Question: Why didn't Rav Chama bar Oshaya say that they race birds?
(h) Answer: The Mishnah already taught diceplayers!

1. Chachamim of Bavel say that the Tana must teach both: diceplayers expect to win on account of their own skill, bird racers expect to win on account of their birds.
2. If he only taught one who relies on himself, one might have thought this is Asmachta, for he is sure that he is more skilled, but one who relies on his bird realizes that he may win or lose;

3. If he only taught one who relies on his bird, one might have thought that this is Asmachta, for he is sure he will win because he is more skilled to bang on boards to make his bird go faster, but a diceplayer realizes that he may lose.

(i) Question (Beraisa): Diceplayers - these are people who play (and bet) with chips of wood, or nut shells or pomegranate rinds;

1. Question: How do we know when they have repented?
2. Answer: When they break their chips and fully cease their former actions, that they will not even play without betting.
3. People who lend on Ribis - also people who borrow on Ribis are disqualified;

i. We know that they have repented when they tear up their documents and fully cease their former actions, that they will not even lend to Nochrim on Ribis.

4. Mafrichei Yonim are people who incite their birds, the same applies to those who incite Behemos or Chayos;

i. We know that they have repented when they break their boards and fully cease their former actions, that they will not do so even in the wilderness.

5. Socharei Shemitah - these are people who buy and sell Shemitah produce;

i. We know that they have repented when the next Shemitah comes, and they refrain.
ii. R. Nechemyah: Verbal repentance does not suffice, they must return money, e.g. 'I profited 100 Zuz from selling Shemitah produce, I give it to the poor.'

6. Summation of question: It says that Mafrichei Yonim also applies to Behemos - we understand this according to the opinion that Mafrichei Yonim race birds;

i. But if Mafrichei Yonim train their birds to lure other birds after them, this does not apply to Behemos!

(j) Answer: It applies to Shor ha'Bar (wild ox or bison - it can be trained to lure animals from quarries, which is also theft on account of the ways of Shalom).

1. This is according to the opinion that Shor ha'Bar is a Behemah.

i. (Mishnah): Shor ha'Bar is a Behemah;
ii. R. Yosi says, it is a Chayah.

(a) (Beraisa): Chachamim later decreed that also robbers and Chamsanim (people who force others to sell) are disqualified.
(b) Question: Robbers are disqualified mid'Oraisa!
(c) Answer: The case is, one who takes an object found by a child, lunatic or deaf person;

1. Originally, they did not disqualify them, because it is not common; alternatively, because it is only theft on account of the ways of Shalom;
2. Later, they disqualified them, because they do take others' money.

(d) Originally, they did not disqualify Chamsanim - since they pay, they merely coerce the owner to sell (the sale is valid);

1. Later, they disqualified them, because they saw that they take and give money, even if the owners do not agree to sell.

(e) (Beraisa): Chachamim later decreed that also shepherds, Gaba'im and Muchsim (tax collectors who take too much, or who do not take the right amount from each person) are disqualified.

1. Originally, they did not disqualify shepherds, because they thought it is just a chance happening that their animals graze in others' fields;
2. Later, they disqualified them, because they saw that they intend for this.
3. Originally, they did not disqualify tax collectors, because they thought that they only take what they are entitled to;
4. Later, they disqualified them, because they saw that they take more than they should.

(f) (Rava): Shepherds of small animals (i.e. that do not work) and of big animals are disqualified.
(g) Contradiction (Rava): Shepherds of small animals in Eretz Yisrael are disqualified, in Chutz la'Aretz they are Kesherim;

1. Shepherds of big animals are Kesherim even in Eretz Yisrael.

(h) Resolution: The latter teaching refers to people who raise animals in their houses (big animals can be guarded properly, but small animals will escape and graze in others' fields; the former teaching refers to people who raise animals in the field, even big animals graze in others' fields).
(i) Support (Mishnah - R. Meir): If one party said 'You may use my father, or your father, or three cattle shepherds...'

1. Suggestion: He allows the other party to use them for witnesses (but normally, they are disqualified)!

(j) Rejection: No, he allows the other party to use them for judges (normally, they are not qualified because they are unlearned).
(k) Support: Presumably, this is correct, for the Mishnah mentions *three* cattle shepherds - if he accepts them to testify, only two are needed!
(l) Question: If he allows the other party to use them for judges (but normally, they are unqualified because they are unlearned), why does it mention shepherds, it could have mentioned any three unlearned people!
(m) Answer: Shepherds is a Chidush, for they are not normally in town and never see Beis Din (yet Chachamim say that he cannot retract).
(n) (Rav Yehudah): We assume that a shepherd is disqualified (even before we see him graze animals in others' fields), we assume that a tax collector is Kosher (until we hear that he takes too much).
(o) R. Zeira's father collected taxes for 13 years; he would collect a minimal amount, and tell the mayor that there are few people in the city. When the mayor was around, R. Zeira's father would tell people to hide, lest the mayor see many people and demand more taxes.

1. To Chachamim, he would say "Lech Ami Bo va'Chadarecha" - he did not fear that they will inform on him that he tells them to hide;
2. To others, he would hint subtly that the mayor will demand more if he sees many people, they understood and hid.

(p) When he was dying, he commanded 'I have 13 coins wrapped up - I collected from Ploni, return them, I will not need to give them to the mayor'.