Mishnah 1
1)
(a)If Reuven gives his Hekdesh article to Shimon to spend on his behalf as Chulin, on what condition is ...
1. ... Reuven Mo'el?
2. ... Shimon Mo'el?
(b)With which principle does the former ruling clash?
(c)How do we learn the current ruling from the Pasuk in Naso "ve'Ashmah ha'Nefesh ha'Hi"?
1)
(a)If Reuven gives his Hekdesh article to Shimon to spend on his behalf as Chulin ...
1. ... Reuven is Mo'el - if Shimon conforms to the Sh'lichus ...
2. ... Shimon is Mo'el - if he doesn't.
(b)The former ruling clashes with the principle - 'Ein Shali'ach li'Devar Aveirah' (See Tosfos Yom Tov).
(c)We learn the current from the Pasuk in Naso "ve'Ashmah ha'Nefesh ha'Hi" - implying that it is the first person to err (Me'ilah is confined to Shogeg [the Meshale'ach]), who is Mo'el.
2)
(a)Based on these rulings, who will be Mo'el in a case where Reuven asks Shimon to give some meat to his guests and he gives them liver?
(b)Seeing as liver is also considered meat, on what grounds is Shimon Mo'el (See Tiferes Yisrael)?
(c)What does the Mishnah now say about a case where Reuven asks Shimon to give his guests a piece of meat, Shimon offers them two and they take three? Who is Mo'el?
(d)In the same case, under what circumstances is Reuven Mo'el but not Shimon?
(e)Why is that?
2)
(a)Based on these rulings, in a case where Reuven asks Shimon to give some meat to his guests and he gives them liver - it is Shimon who is Mo'el ...
(b)... despite the fact that liver is also considered meat - because he ought to have asked Reuven whether he had liver in mind when he said 'meat' (See Tiferes Yisrael & Tosfos Yom Tov).
(c)The Mishnah now rules, in a case where Reuven asks Shimon to give each of his guests a piece of meat of Hekdesh (See Tosfos Yom Tov), Shimon offers them two and they take three - that all three of them are Mo'el (See Tosfos Yom Tov).
(d)In the same case, Reuven will be Mo'el but not Shimon - if Shimon tells the guests that Reuven asked him to give them the meat ...
(e)... since he then fulfilled his instructions, and adding to the Shelichus (without negating it) is not subject to Me'ilah (See Tosfos Yom Tov).
3)
(a)In a case where Reuven instructs Shimon to bring him an unspecified article from the window-sill or from the cupboard, which he does, but Reuven then says that he had in mind a different article, why is Reuven Mo'el?
(b)Based on which principle is Shimon not Mo'el?
(c)And who is Mo'el in a case where Reuven asks Shimon to fetch him something from the window-sill and he fetches him something from the cupboard, or vice-versa?
3)
(a)In a case where Reuven instructs Shimon to bring him an unspecified article from the window-sill or from the cupboard, which he does, but Reuven then says that he had in mind a different article, Reuven is Mo'el - because Shimon fulfilled his Sh'lichus ...
(b)Shimon is not - due to the principle 'Devarim she'ba'Leiv Einam Devarim' (See Tosfos Yom Tov DH 'Af-al-Pi ... ').
(c)Whereas if Reuven asks Shimon to fetch him something from the window-sill and he fetches him something from the cupboard, or vice-versa - Shimon is Mo'el.
Mishnah 2
4)
(a)If Reuven sends a Chashu (Cheresh, Shoteh or Katan) to the shop with a P'rutah of Hekdesh to buy him something and they comply with his Sh'lichus, why would we have thought that he is not Mo'el?
(b)What in fact, is the Din?
(c)Who is Mo'el in the event that they do not comply with his Shelichus?
(d)When will he be Mo'el?
4)
(a)If Reuven sends a Chashu (Cheresh, Shoteh or Katan) to the shop with a P'rutah of Hekdesh to buy him something and they comply with his Sh'lichus, we would have thought that he is not Mo'el - because a Chashu is not subject to Sh'lichus.
(b)In fact - he is Mo'el (See Tosfos Yom Tov).
(c)In the event that they do not comply with his Sh'lichus - it is the shopkeeper who is Mo'el ...
(d)... as soon as he spends the money (See Tosfos Yom Tov).
5)
(a)On what dual condition will the shopkeeper be Mo'el even if Reuven sends a Pike'ach with the money?
(b)Why is that?
(c)If only Reuven remembers but not the Shali'ach, why is the Shali'ach Mo'el and not the shopkeeper?
(d)In the earlier case (where both Reuven and the Shali'ach remembered), what should the shopkeeper then do if the P'rutah has already got mixed up with his own money, when he realizes that it is a Hekdesh coin?
(e)On what principle does the Tana base this ruling?
5)
(a)The shopkeeper will be Mo'el even if Reuven sends a Pike'ach with the money - provided both he and the Shali'ach remember that it is Hekdesh money before it arrives in the hand of the shopkeeper ...
(b)... because there is no Me'ilah be'Meizid, only be'Shogeg.
(c)If only Reuven remembers but not the Shali'ach - the Shali'ach is Mo'el (and not the shopkeeper) - since he was the first to spend the money be'Shogeg (See Tosfos Yom Tov).
(d)In the earlier case (where both Reuven and the Shali'ach remembered), should the shopkeeper realize that it is a Hekdesh coin only after the P'rutah has already got mixed up with his own money - then he should transfer it (wherever it is) on to one of his coins ...
(e)... since Hekdesh can be redeemed on to coins as well as on to objects.
Mishnah 3
6)
(a)The Mishnah now discusses a case where Reuven gives Shimon a P'rutah and asks him to buy with half of it lights (See Tosfos Yom Tov) and half, wicks, and he then buys all lights or all wicks, or vice-versa. Who is Mo'el?
(b)Why is ...
1. ... Reuven not Mo'el?
2. ... Shimon not Mo'el?
(c)Then why, if Reuven asks Shimon to buy with half the P'rutah lights from one shop and with the other half, wicks from another shop, and he buys the lights from the second shop and the wicks from the fist one, is Shimon Mo'el?
6)
(a)The Mishnah now discusses a case where Reuven gives Shimon a P'rutah and asks him to buy with half of it lights (See Tosfos Yom Tov) and half, wicks, and he then buys all lights or all wicks, or vice-versa, in which case - neither is Mo'el ...
(b)Reuven ...
1. ... because a P'rutah's-worth of his Sh'lichus was not fulfilled, and ...
2. ... Shimon - because he only negated the Sh'lichus to the value of half a P'rutah which is not subject to Me'ilah.
(c)If however, Reuven asks Shimon to buy with half the P'rutah lights from one shop and with the other half, wicks from another shop, and he buys the lights from the second shop and the wicks from the fist one, Shimon is Mo'el - because in this case, he negated the entire Sh'lichus to the tune of a P'rutah.
Mishnah 4
7)
(a)What does the Tana Kama say in a case where Reuven gives Shimon two P'rutos with which to buy him an Esrog, and he buys with one P'rutah, an Esrog, and with the other, a pomegranate?
(b)If Shimon is Mo'el anyhow, on what condition is Reuven Mo'el?
(c)On what grounds does Rebbi Yehudah say that Reuven is not Mo'el?
7)
(a)In a case where Reuven gives Shimon two P'rutos with which to buy him an Esrog, and he buys with one P'rutah, an Esrog, and with the other, a pomegranate, the Tana Kama rules - that both are Mo'el.
(b)Shimon is Mo'el anyhow, and Reuven - provided the Esrog is worth two P'rutos.
(c)Rebbi Yehudah say that Reuven is not Mo'el - since he can say to Shimon that he wanted a big Esrog, and not the small, poor-quality Esrog that he bought (See Tiferes Yisrael).
8)
(a)In similar vein, in a case where Reuven gives Shimon a Dinar Zahav (the equivalent of approximately six Sela'im [Tosfos Yom Tov]) to purchase a coat, and he buys a coat with three Sela'im and with the other three, a Talis (a cloak), who is Mo'el according to ...
1. ... the Tana Kama?
2. ... Rebbi Yehudah?
(b)Like whom is the Halachah in both of the above cases?
8)
(a)In similar vein, in a case where Reuven gives Shimon a Dinar Zahav (the equivalent of approximately six Sela'im [Tosfos Yom Tov]) to purchase a coat, and he buys a coat with three Sela'im and with the other three, a Talis (a cloak), according to ...
1. ... the Tana Kama - both are Mo'el, according to ...
2. ... Rebbi Yehudah - only Shimon.
(b)The Halachah in both of the above cases is - like the Tana Kama.
Mishnah 5
9)
(a)Discussing a case where the Gizbar deposits Hekdesh money with a banker, the Mishnah draws a distinction between where the money is wrapped and where it is not wrapped. What are the two interpretations of wrapped?
(b)If the money is wrapped, the shopkeeper is not permitted to use it. What is therefore the Din regarding Me'ilah in the event that he does use the money?
(c)The Tana then presents the Din in a case where the Gizbar deposits the money unwrapped. What does 'unwrapped' mean?
(d)What is the Din with regard to the banker ...
1. ... using the money?
2. ... being Mo'el?
(e)Why is ...
1. ... he not Mo'el?
2. ... the Gizbar not Mo'el either?
9)
(a)Discussing a case where the Gizbar deposits Hekdesh money with a banker, the Mishnah draws a distinction between where the money is wrapped and where it is not wrapped. 'Wrapped' means - either that the bag containing the money is tied with an unusual knot or that it is sealed.
(b)If the money is wrapped, the shopkeeper is not permitted to use it. Consequently, in the event that he does - he is Mo'el.
(c)The Tana then presents the Din in a case where the Gizbar deposits the money 'unwrapped' which means - even if it is wrapped, but it is tied with a regular knot and not sealed.
(d)In the latter case ...
1. ... the banker - is allowed to use the money ...
2. ... and he is therefore not Mo'el.
(e)The reason that ...
1. ... he is not Mo'el is - because having indicated that he is permitted to use it, he is the Gizbar's Shali'ach.
2. ... the Gizbar is not Mo'el either is - because he did not specifically permit him to use it.
10)
(a)In what way does the Tana differentiate between the above case (where the Gizbar gives the money to a banker and where he gives it to a Balabos?
(b)According to Rebbi Meir, a shopkeeper has the same Din as a Balabos. What does Rebbi Yehudah say.
10)
(a)The Tana differentiates between the above case (where the Gizbar gives the money to a banker and where he gives it to a Balabos - inasmuch as, in the latter case, he forbids the Balabos to use it even if the money is unwrapped, in which case, the latter is Mo'el should he use it.
(b)According to Rebbi Meir, a shopkeeper has the same Din as a Balabos. Rebbi Yehudah - compares him to the banker.
Mishnah 6
11)
(a)Rebbi Akiva maintains that, if a P'rutah of Hekdesh falls into a purse, then as soon as the owner spends the first P'rutah in the purse, he is Mo'el. What if he spends the first P'rutah after declaring Hekdesh a P'rutah in the purse?
(b)What do the Chachamim say?
(c)Like whom is the Halachah?
(d)What does Rebbi Akiva say in a case where the owner declares one P'rutah in the purse Hekdesh?
(e)What did he really mean to say there?
11)
(a)Rebbi Akiva maintains that, if a P'rutah of Hekdesh falls into a purse, then as soon as the owner spends the first P'rutah in the purse, he is Mo'el, and the same will apply - if he spends the first P'rutah after declaring Hekdesh a P'rutah in the purse (See Tiferes Yisrael).
(b)According to the Chachamim - he is only Mo'el after spending the last P'rutah in the purse (See Tosfos Yom Tov).
(c)The Halachah is - like the Chachamim.
(d)In a case where the owner declares one P'rutah in the purse Hekdesh - Rebbi Akiva concedes that he is only Mo'el when he spends the last P'rutah in the purse ...
(e)... because what he really said there was that - by the time he spends the entire contents of the purse, one of the P'rutos will have been Hekdesh (See Tosfos Yom Tov).
Salik Maseches Meilah
