Talking Talmud

The third perek finished with a discussion about whether intent to misappropriate a deposit is misappropriation. The fourth perek begins with a mishnah discussing how objects are acquired.

2 mishnayot! Additional cases of an object left with a guardian, and how various variables change the guardian's liability. Note the differences between a store keeper, a money changer, and a guardian. Plus, the complications of a change in value and the obligation to replace an unprotected item. Also, when one has to pay the increased value, for wine, for example. Plus, Rabbi Akiva's opinion upheld.

A new mishnah! When a guardian doesn't take good care to protect coins... when is he liable? With a focus on the verses that insist on proper supervision. Also, the blessing that only appears in that which is not obviously visible. Plus, storing money in a place that is protected from one potential threat, but subject to another one. Likewise, the question of whether negligence is relevant when a guardian puts the thing he's protecting under the protection of another. With a slew of cases to explore.

The daf discusses the last mishnah on 40 about whether a barrel being watched may be moved. A disagreement is presented between Rav and Levi if an act is considered misappropriation only if there is actual depletion of the object’s value

Two mishnahs detail how a shomer may deduct from the quantity of produce or liquids left with the shomer when it is returned to the owner.

More on the property of captives. When it's time to harvest from a captives crops, the court appoints a supervisor to take care of that, and then a relative takes care of future planting, and so on. But that kind of administrator would rarely be appointed for an adult. Also, the story of an old woman who has 3 daughters, and she and one of the daughters are taken into captivity. One of the other daughters has died, and left a minor heir. How does the old woman's property get handled? How does an apotropos fit in here, to help the minor?

A new mishnah! One who gives produce to another to watch - if it's lost or off, etc., the guardian can't touch the produce because he doesn't own it. But if he can sell it beforehand, he can preserve the value. But why can't he touch it? Plus, one small discussion about the tzedakah collectors when they don't have any poor people in need. Also, what are the responsibilities with regard to the property of those who have been taken captive.

A new mishnah! When a thief acknowledges the theft, but he's not sure from whom. Likewise, a deposit. Plus, a discussion of how far can one take the deceit? Also, what how can a thief pay back when he doesn't know from whom he stole?

When a guardian transfers the item he's watching to another guardian, without the knowledge or permission of the owner. Plus, a story about an elderly woman who watches the gardener's hose - how long does it take to establish trust for a second shomer? Also, a guardian who loses an animal, which then dies of natural causes. Is the guardian responsible for paying? It's a clear and clean dispute between Abaye and Rava.

The guardian who has lost something left in his protection can take an oath or pay back the value of the item that's been lost. Or in this case, when there are witnesses that the watched item was stolen. The burden of oath switches parties - and sometimes, they both swear. And then the question is, which swears first. Plus, the case of giving jewels to another person for safekeeping. Which carries its own drama. Also, a series of interesting cases once the property is seized. For example, creditor to creditor, as compared to an heir or a buyer. Plus, a new mishnah! Including borrowing and le sing cows, with all the responsibility involved.