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Bava Metzia 58


(a) (Mishnah): A free watchman does not swear...
(b) Contradiction (Mishnah): People of a city made messengers to take their (half-)Shekalim to the Mikdash, they were stolen or lost:
1. If they were stolen or lost (Tosfos; Rashi - if they were taken to Beis Din) after the Terumah was taken (i.e. some of the Shekalim in the chamber in the Mikdash were taken to buy the communal sacrifices from Nisan until Shavu'os), the messengers swear to the Gizbarim (we will explain, the Terumah 'covers' Shekalim en route to the Mikdash, therefore, the people of the city need not send more); (this contradicts our Mishnah, which exempts a free watchman from swearing)
2. If the Terumah was taken before the loss (Rashi - trial), the messengers swear to the people of the city (who must send more Shekalim).
i. If the coins were found or returned by the thieves, both those Shekalim and the replacements have the Kedushah of Shekalim (they can be used for communal sacrifices); the people of the city are not exempt from giving Shekalim the next year.
(c) Answer #1 (Shmuel): The case is, the messengers were paid; they must swear in order to receive their wages.
1. Question: If so, (in both cases) they should swear to the people of the city (who hired them)!
2. Answer (Rabah): They swear to the people of the city when the Gizbarim are present, to avoid suspicion, or so people will not think they were negligent.
3. Question: A paid watchman is liable for theft or loss!
i. Granted, regarding Hekdesh they are exempt - but they should not be paid!
4. Answer (Rabah): It was Ones - they were stolen by armed robbers, or lost on a boat that sank.
(d) Answer #2 (R. Yochanan): The Mishnah is R. Shimon, who says that Ona'ah applies to Kodshim that have Acharayos - likewise, a free watchman swears about them.
(e) We understand this if they were lost before Terumah was taken, for then there is Acharayos (if they are lost, replacements must be given);
(f) Objection: If they were lost after Terumah was taken, there is no Acharayos - why do the messengers swear?
1. (Beraisa): Those who take the Terumah intend that these are Terumah (also) from: Shekalim that were sent and (unknowingly) lost, Shekalim that are en route to the Mikdash; Shekalim that will later be given. (Anyone who gave such a (half-)Shekel has a share in the sacrifices.)
(g) Answer #3 (R. Elazar): The oath is mid'Rabanan, in order that people will not treat Hekdesh lightly.
(a) (Mishnah): A paid watchman need not pay.
(b) Contradiction (Rav Yosef bar Chama - Beraisa): Reuven was hired to guard a red heifer (of Hekdesh), a child or crops - he is not paid for Shabbos, therefore, he is not responsible for what happens on Shabbos;
1. If he was hired by the week, month, year or Shemitah cycle, he is paid for (the whole period, including) Shabbos, therefore, he is responsible for Shabbos.
2. Suggestion: This means, he must compensate for a loss on Shabbos.
(c) Answer (Rabah): No, it means that if a loss occurs on Shabbos, he is not paid for Shabbos.
(d) Question (Rav Yosef): But the first clause taught, he is not responsible for Shabbos - this cannot mean to lose his wages, for he is not paid for Shabbos!
(e) Rabah: I cannot answer - did you hear an answer?
(f) Answer (Rav Yosef citing Rav Sheshes; also, R. Yochanan): The case is, he made an acquisition obligating himself to pay if there will be a loss.
(g) (Mishnah): R. Shimon says, Ona'ah applies to Kodshim that have Acharayos, not to Kodshim without Acharayos.
(h) (A Tana): (If one swore falsely about) Kodshim that have Acharayos, he is liable, for this is considered "Ba'Shem v'Chichesh";
(i) Regarding Kodshim without Acharayos, he is exempt, for this is considered "V'Chichesh b'Amiso".
(j) Question (R. Yitzchak bar Aba): Just the contrary! (One is less liable for Hekdesh than for property of people.)

(k) The Tana: I will no longer recite the Beraisa (there is a mistake in the text).
(l) R. Yitzchak: It is not mistaken - it means thusly: Kodshim that have Acharayos, he is liable, for this is included from "Ba'Shem v'Chichesh";
1. Kodshim without Acharayos, he is exempt, this is excluded from "V'Chichesh b'Amiso".
(m) (Mishnah - R. Yehudah): Ona'ah does not apply to a Sefer Torah, animal or pearl.
(n) (Beraisa - R. Yehudah): Ona'ah does not apply to a Sefer Torah, because it is priceless; it does not apply to an animal or pearl, because people want (and willingly pay extra for) a good match of animals or pearls;
(o) Chachamim: But by everything, people want a good match!
(p) R. Yehudah: These are more important to people than everything else.
(q) Question: Up to how much is there no Ona'ah?
(r) Answer (Ameimar): Until double their value.
(s) (Beraisa - R. Yehudah ben Beseira): Even one who sells a horse, sword or shield in wartime, Ona'ah does not apply, for one's life depends on them.
(a) (Mishnah): Just as deceit in a sale is forbidden, also deceit through words:
1. One may not ask the price of an item if he does not intend to buy it;
2. One may not say to a sinner that repented, 'Remember your prior deeds!';
3. One may not say to a convert's son, 'Remember your ancestors' deeds' - "V'Ger Lo Soneh v'Lo Silchatzenu".
(b) (Gemara - Beraisa): "Lo Sonu Ish Es Amiso" - this forbids deceit through words.
1. Question: Perhaps it forbids deceit in a sale!
2. Answer: "V'Chi Timkeru Memkar..." teaches deceit in a sale.
(c) One may not say to a sinner that repented, 'Remember your prior deeds!';
1. One may not say to a convert's son, 'Remember your ancestors' deeds';
2. One may not say to a convert that wants to learn, 'Your mouth ate forbidden foods - will it learn Torah, which was given from Hash-m?!'
3. One may not speak to a person suffering afflictions (or sickness or whose children died) the way Iyov's friends spoke to him - "Mi Hu Naki Ovad".
4. If donkey-drivers ask one for grain, he may not direct them to someone he knows does not sell;
5. R. Yehudah says, one may not ask about buying something if he lacks money to buy it;
i. A person himself knows whether he intends to pain another -regarding all such matters, it says "V'Yareisa me'Elokecha".
(d) (R. Yochanan): Deceit through words is worse than deceit in a sale - it says "V'Yareisa me'Elokecha" by the former, not by the latter.
(e) (R. Elazar): Deceit through words is worse, for it afflicts the person himself, not just his property.
(f) (Rav Shmuel bar Nachmani):Deceit through words is worse, for it cannot be returned (undone).
(g) (A Tana): Anyone who whitens a person's face (makes him blush), this is like bloodshed.
(h) Support (Rav Nachman bar Yitzchak): Yes - afterwards, the redness fades and the face turns white again.
(i) Question (Abaye): What are people careful about in Eretz Yisrael?
(j) Answer (Rav Dimi): Not to make people blush.
1. (R. Chanina): Everyone goes to Gehinom, except for three...
2. (Interruption) Objection: This cannot be!
3. Correction: Rather, everyone that goes to Gehinom leaves, except for three - one who has relations with another man's wife, one who makes someone blush, and one who coins a derogatory nickname for someone.
4. Question: Giving a bad nickname is included in making him blush!
5. Answer: If the person is already used to the name, he does not blush (even so, the one who gave the name does not leave Gehinom).
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