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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Kesuvos 108


(a) If someone is Mudar Hana'ah from his friend, his friend may nevertheless pay his annual half-Shekel for his share in the Korbanos as well as his debts.
Which third thing does the Tana of the Mishnah in Nedarim permit him to do?

(b) If both are Mudar Hana'ah from each other, says the Tana, then, in a place where it is customary to pay the returner for his services, the owner of the lost article must pay the money to Hekdesh.
Why can he not just keep it?

(c) What do we mean when we ascribe the concession to pay the Mudar Hana'ah's half-Shekel to the fact that he is only performing a Mitzvah? What else might it have been?

(d) When the Tana of the Mishnah in Shekalim says 'Tormin al he'Avud', he means that when the Kohen takes from the boxes for the public Korbanos, he is taking even on behalf of people who sent their half-Shekel but it got lost.
What is he referring to when he says ...

  1. ... 've'Al ha'Gavuy' ... ?
  2. ... 've'Al he'Asid li'Gavos'?
(a) Why is the Madir Hana'ah permitted to return the Mudar's lost article?

(b) In order to explain how the Madir is permitted to pay the Mudar's debts, Rav Oshaya establishes this Mishnah like Chanan in our Mishnah.
What does he mean by that?

(c) According to Rava, the author could even be the Rabbanan (the B'nei Kohanim Gedolim).
How is this possible? Under what condition would the Mudar have had to borrow the money?

(d) Rava disagrees with Rav Oshaya, because he prefers to establish the Mishnah in Nedarim like the Rabbanan.
But on what basis does Rav Oshaya decline to learn like Rava?

Answers to questions



(a) Admon said seven things: According to the Tana Kama, when a man dies leaving little property, the girls are fed and the boys can go begging at the doors.
What is considered 'little property'?

(b) What does Admon say?

(c) On what grounds do we reject Abaye's explanation of Admon, that since the boys are able to learn Torah, they ought not to lose?

(d) So how does Rava explain it? What advantage do the boys enjoy over the girls?

(a) According to Admon, if someone claims jars of oil from his friend, who counters that he owes him empty jars, he is Chayav to swear.
What Shevu'ah is he referring to?

(b) What do the Chachamim say?

(c) With whom does Raban Gamliel agree in both this Mishnah, in the previous one and in the next one?

(a) What does Rav Nachman Amar Shmuel say about someone whose friend claims from him wheat and barley and he admits to owing him one of them ('Ta'ano Chitin u'Se'orin, ve'Hodeh be'Achad Meihen')?

(b) What is the problem with this from our Mishnah?

(c) Rav Yehudah Amar Rav answers this by explaining 'Kadei Shemen' to refer to a quantity, rather than to the barrels themselves.
What is the problem with this answer?

(a) Rava divides the issue into three categories. Into which category does he place ...
  1. ... 'Melo Asarah Kadei Shemen Yesh Li be'Borcha'?
  2. ... 'Asarah Kadei Shemen Melei'im Yesh Li be'Borcha'?
(b) What does Rava say about someone who says 'Asarah Kadei Shemen Yesh Li be'Borcha' (omitting the word 'Melei'im')? How will this solve our problem?

(c) What can we now infer from this Mishnah with regard to someone who admits to barrels, when the claimant claims both oil and barrels ('Ta'ano Chitin u'Se'orin ve'Hodeh Lo be'Achad Meihen')?

(d) Why does this pose a Kashya on Rebbi Chiya bar Aba? What does Rebbi Chiya bar Aba say?

(a) Rav Shimi bar Ashi tries to reconcile Rebbi Chiya bar Aba with our Mishnah by comparing to the case of the barrels of oil to a pomegranate with its skin.
What does that mean? How does it answer the Kashya?

(b) On what basis does Ravina reject this comparison?

(c) We conclude that Admon and the Chachamim argue in a case when the claimant claimed 'Asarah Kadei Shemen Yesh Li Etzlecha', and the defendant admits to five barrels.
What is now the basis of their Machlokes?

(d) Assuming that 'ten barrels of oil' does incorporate barrels (like Admon holds), on what basis does he swear on the oil, seeing as he denied completely?

Answers to questions

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