words 1st part
גָנַב
stolen
when does someone pay 4 or 5 times the amount
4 times if the theif sold or slaughterd a sheep and 5 if its a cow
what is a דָבָר שֶׁלֹא בָּא לְעוֹלָם and give an example
something that is not in the world
הַשׁוֹאֵל פָּרָה מֵחַבֵירוֹ
one who borrows a cow from his freind
if someone says he will pay the double and then goes back on his word does he get the double?
give reasons for why yes and why no
gemara is not sure
he would not get since he said he wont pay
he would get since he really means to pay and is just pushing him off until he gets the money
שְׁבוּעָה
swear
in the רישא who gets the כפל and why?
the shomer since he paid the owner is thankful
what is the law by a דָבָר שֶׁלֹא בָּא לְעוֹלָם can you sell it, give all opinons and who seems to fi with our mishna?
sages say no and Rav Meir says yes and the sages dont git and rav meir also not but more obvious that sages do not fit
מְהַדֵר קָא הָדַר בֵּיה
he is going back on his word
if the shomer pays the sons does the shomer get the double
give reasons why he would and why he would not get the double
he would since he paid
he would not since he did a favor to the father but not to the kids s othey are not thankful
פִּקָדון
item being watched
what two things are needed and why are they not similer?
it needs to write vessels and animals
they are diff since an animal tames more work and is more valuable
item might nit get stolen
the thief might not get caught
the thief might admit and then he doesnt pay double
what
it is obvious
in a case of שׁוֹמֵר שֶׁמָסַר לְשׁוֹמֵר
is the 1st shomer חייב or פטור
explain why he would be חייב
and why he would be פטור
it is a machlokes
he would be פטור since he gave it to someone responsable
he would be חייב since the owner can say i did not want my item in someone else hands, i dont trust him
נְמְצָא הֵגֵנָב
the thief is found
why is the mishan wrote vessels would i not know that also the shomer gets the double by animal?
by an animal u get more since its 5 or 6 times more so maybe the owenr is not willing to give that up
when does rav meir sasy you can give over a דָבָר שֶׁלֹא בָּא לְעוֹלָם and when does he say you can not? what is the classis cae of rav meir when he says u can?
when it is for sure going to come then u can give it over
and the classic case is dates of a date treee
דְעַלוּיֵי עַלִיֵיה לְשְׁמִירָתוֹ
the watching got better
what mistake did the person who saw the story of the old woman make. why was it not a good proof when Rav says the gardner does not have to pay when he gave it to the old woman
טָבַח
slaughtered
why if the mishna only wrote an aniimla would i not know that the shomer gets the double by vessels?
since the owner is more thankful by vessels since the shomer has to take it in and out
the gemara answers that u can give the double over why? what are you givign over and how are u doing it?
u are giving over the whole cow and making a condition at the time u give it over to watch that if the shomer pays it is ure starting from then
צְרָרִן וְהִפְשִׁילָן לְאַחוֹרָיו
מָסְרָן לִבְנוֹ וּבִתּוֹ הַקְטַנִים
וְנָעַל בִּפְנֵיהֶם
שֶׁלֹא כְּרָאוּי
he put them in a cloth and put them behind him
he gave them to his young daughter and son
and he locks them not properly
the mishna says if you gave to a minor you are חייב who is that a question on why and what is the answer
on rav yochanan who says שׁוֹמֵר שֶׁמָסַר לְשׁוֹמֵר is חייב since it implies that to an adult child you are פטור
the answer is a person know that when he gives something to somone one he might give it to his kids