Talmud Shiur 5784 #2

(1) The Rambam's Introduction
The mitzvot given to Moses at Mount Sinai were all given together with their explanations, as implied by [Exodus 24:12]: "And I will give you the tablets of stone, the Torah, and the mitzvah."
"The Torah" refers to the Written Law; "the mitzvah," to its explanation. [God] commanded us to fulfill "the Torah" according to [the instructions of] "the mitzvah." "The mitzvah" is called the Oral Law.

Moses, our teacher, personally transcribed the entire Torah before he died. He gave a Torah scroll to each tribe and placed another scroll in the ark as a testimonial, as [Deuteronomy 31:26] states: "Take this Torah scroll and place it [beside the ark…] and it will be there as a testimonial."

"The mitzvah" - i.e., the explanation of the Torah - he did not transcribe. Instead, he commanded it [verbally] to the elders, to Joshua, and to the totality of Israel, as [Deuteronomy 13:1] states: "Be careful to observe everything that I prescribe to you." For this reason, it is called the Oral Law.

Even though the Oral Law was not transcribed, Moses, our teacher, taught it in its entirety in his court to the seventy elders. Elazar, Pinchas, and Joshua received the tradition from Moses.
[In particular, Moses] transmitted the Oral Law to Joshua, who was his [primary] disciple, and instructed him regarding it.

(12) Rabbenu Hakadosh composed the Mishnah. From the days of Moses, our teacher, until Rabbenu Hakadosh, no one had composed a text for the purpose of teaching the Oral Law in public. Instead, in each generation, the head of the court or the prophet of that generation would take notes of the teachings which he received from his masters for himself, and teach them verbally in public.

(13) Similarly, according to his own potential, each individual would write notes for himself of what he heard regarding the explanation of the Torah, its laws, and the new concepts that were deduced in each generation concerning laws that were not communicated by the oral tradition, but rather deduced using one of the thirteen principles of Biblical exegesis and accepted by the high court. This situation continued until [the age of] Rabbenu Hakadosh.

(14) He collected all the teachings, all the laws, and all the explanations and commentaries that were heard from Moses, our teacher, and which were taught by the courts in each generation concerning the entire Torah. From all these, he composed the text of the Mishnah. He taught it to the Sages in public and revealed it to the Jewish people, who all wrote it down. They spread it in all places so that the Oral Law would not be forgotten by the Jewish people.

(15) Why did Rabbenu Hakadosh make [such an innovation] instead of perpetuating the status quo? Because he saw the students becoming fewer, new difficulties constantly arising, the Roman Empirespreading itself throughout the world and becoming more powerful, and the Jewish people wandering and becoming dispersed to the far ends of the world. [Therefore,] he composed a single text that would be available to everyone, so that it could be studied quickly and would not be forgotten. Throughout his entire life, he and his court taught the Mishnah to the masses.

(18) Rav composed the Sifra and the Sifre to explain the sources for the Mishnah. Rabbi Chiyya composed the Tosefta to explain the subjects [discussed in] the Mishnah. Rabbi Hoshaia and bar Kafra composed baraitot to explain the matters [discussed in] the Mishnah. Rabbi Yochanan composed the Jerusalem Talmud in Eretz Yisrael approximately three hundred years after the destruction of the Temple.

(23) Ravina and Rav Ashi were the final generation of the Sages of the Talmud. Rav Ashi composed the Babylonian Talmud in Shin'ar approximately one hundred years after Rabbi Yochanan composed the Jerusalem Talmud.

(24) The intent of both the Talmuds is to elucidate the words of the Mishnah, to explain its deeper points, and [to relate] the new matters that were developed by each court from the era of Rabbenu Hakadosh until the composition of the Talmud. From the entire [body of knowledge stemming from] the two Talmuds, the Tosefta, the Sifra, and the Sifre, can be derived the forbidden and the permitted, the impure and the pure, the liable and those who are free of liability, the invalid and the valid as was received [in tradition], one person from another, [in a chain extending back] to Moses at Mount Sinai.

(25) Also, [the sources mentioned above] relate those matters which were decreed by the sages and prophets in each generation in order to "build a fence around the Torah." We were explicitly taught about [this practice] by Moses, as [implied by Leviticus 18:30]: "And you shall observe My precepts," [which can be interpreted to mean]: "Make safeguards for My precepts."

(26) Similarly, it includes the customs and ordinances that were ordained or practiced in each generation according to [the judgment of] the governing court of that generation. It is forbidden to deviate from [these decisions], as [implied by Deuteronomy 17:11]: "Do not deviate from the instructions that they will give you, left or right."

(27) It also includes marvelous judgments and laws which were not received from Moses, but rather were derived by the courts of the [later] generations based on the principles of Biblical exegesis. The elders of those generations made these decisions and concluded that this was the law. Rav Ashi included in the Talmud this entire [body of knowledge, stemming] from the era of Moses, our teacher, until his [own] era.

(28) The Sages of the Mishnah also composed other texts to explain the words of the Torah. Rabbi Hoshaia, the disciple of Rabbenu Hakadosh, composed an explanation of the book of Genesis. Rabbi Yishmael [composed] an explanation beginning at "These are the names" [the beginning of the book of Exodus,] until the conclusion of the Torah. This is called the Mechilta. Rabbi Akiva also composed a Mechilta. Other Sages of the following generations composed other [collections of the] interpretations [of verses] (Medrashim). All of these works were composed before the Babylonian Talmud.

(29) Thus, Ravina, Rav Ashi, and their colleagues represent the final era of the great Sages of Israel who transmitted the Oral Law. They passed decrees, ordained practices, and put into effect customs. These decrees, ordinances, and customs spread out among the entire Jewish people in all the places where they lived.

(1)

1. These found objects belong to the finder
2. and these ones must be proclaimed [in the lost and found].
3. These found objects belong to the finder:
   1. if a man found scattered fruit,
      1. scattered money,
      2. small sheaves in the public domain,
      3. cakes of figs,
      4. bakers’ loaves,
      5. strings of fish,
      6. pieces of meat,
      7. wool shearings [as they come] from the country of origin,
      8. stalks of flax
      9. and strips of purple wool,
   2. These all belong to the finder,
      1. according to Rabbi Meir.
4. Rabbi Judah says:
   1. “Anything which has in it something unusual, must be proclaimed.
   2. How is this so?
      1. If he found a round cake with a potsherd in it or a loaf with coins in it [he must proclaim them].”
5. Rabbi Shimon ben Elazar says:
   1. “New merchandise need not be proclaimed.”

(2)

1. And these must be proclaimed:
2. if a man found fruit in a vessel,
   1. or an vessel as it appears;
   2. or money in a bag,
   3. or an empty bag;
   4. piles of fruit
   5. or piles of money;
   6. three coins one on top of the other;
   7. small sheaves in the private domain;
   8. home-made loaves of bread;
   9. wool shearings as they come from the craftsman’s shop;
   10. jugs of wine
   11. or jugs of oil,
3. these must be proclaimed.

(Mishnah 1)

Mishna - Elu Metziot:

If he found scattered fruit- their owners have abandoned them; so they are ownerless, as it says in the gemara.

Scattered money- Since they do not have a clear identifying mark, he abandons [them], and they become ownerless. And this is the reason for all of [these items].

Small sheaves (Kerichot) - Small sheaves. [It is] like we translate "gathering bundles" (Genesis 37:7), [as] mekarkhan kerichan in the Jerusalem Talmud.

In the public domain - as everyone tramples them. And if they had an identifying mark, it is surely destroyed.

Bakers' - All baker's bread is the same, but bread [from the kitchen] of a homeowner has an identifying mark.

From their country of origin- As they are, when they are shorn like all of the the shearings in the state. [This is] to exclude those that come from the craftsman's home, as it is learned in the lower part (the next mishnah).

Stalks of Flax - Ristes in the language of Ashkenaz (Germany); and in our place (France), it is popedes.

Strips (literally, tongues) of purple wool - Combed and pulled wool, then dyed purple; and they are common.

Found a round cake - of figs.

New Merchandise (Anpurya) - it will be explained in the gemara.

Mishnah:

Found fruit in a vessel - and the typical vessel has a marker.

As it appears - Empty.

Bag - which has markers of an owner.

Piles of Fruit - The Gemara will explain its signs, or its number, or its place.

Three coins one on top of another - The Gemara will explain its signs.