In the days of

<<Rabbi

<<was taught

<<this teaching;

<<left

<<everyone

<<the Mishnah

<<and went

<<after

<<the Talmud;

<<he then

<<expounded

<<to them:

<<and always

<<be

<<running

<<to the Mishnah

<<more

<<than

<<the Talmud.

What

<<did he expound?

<<As expounded

<<Rabbi Yehuda beRabbi Ila'i:

<<what is

<<that which is written:

<<“Declare

<<to My people

<<their transgression,

<<and to the house of

<<Yaakov

<<their sins”?

“Declare

<<to My people

<<their transgression” —

<<these are

<<the Torah scholars,

<<whose unwitting sins

<<are made

<<for them

<<like deliberate ones.

<<“And to the house of

<<Yaakov

<<their sins” —

<<these are

<<the amei ha'aretz,

<<whose deliberate sins

<<are made

<<for them

<<like unwitting ones.

<<And this is

<<what we learned:

<<Rabbi Yehuda

<<says:

<<be

<<careful

<<in study,

<<for an unwitting error of

<<study

<<counts as

<<deliberate.

Expounded

<<Rabbi Yehuda beRabbi Ila'i:

<<what is

<<that which is written:

<<“Hear

<<the word of

<<Hashem,

<<you who tremble

<<at

<<His word” —

<<these are

<<the Torah scholars;

<<“said

<<your brothers” —

<<these are

<<the masters of

<<Scripture;

<<“who hate you” —

<<these are

<<the masters of

<<Mishnah;

<<“who cast you out” —

<<these are

<<the amei ha'aretz.

Perhaps

<<you will say:

<<has ceased

<<their hope

<<and is nullified

<<their prospect?

<<The verse states:

<<“and we shall see

<<your joy”.

<<Perhaps

<<you will say:

<<Israel

<<will be ashamed?

<<The verse states:

<<“and they

<<shall be ashamed” —

<<the nations of the world

<<shall be ashamed

<<and Israel

<<shall rejoice.

We shall return to you,

<<‘These are found objects’.

MISHNAH:

<<One who deposits

<<with

<<his fellow

<<an animal

<<or

<<utensils,

<<and they were stolen

<<or

<<lost;

<<if he paid

<<and did not

<<want

<<to swear —

<<for indeed

<<they said:

<<“a guardian

<<who is unpaid

<<swears

<<and goes out” —

if was found

<<the thief,

<<he pays

<<the double payment.

<<If he slaughtered

<<or sold,

<<he pays

<<the fourfold or fivefold payment.

<<To whom

<<does he pay?

<<To the one

<<with whom the deposit

<<is.

If he swore

<<and did not

<<want

<<to pay,

<<and was found

<<the thief,

<<he pays

<<the double payment;

<<if he slaughtered

<<or sold,

<<he pays

<<the fourfold or fivefold payment.

<<To whom

<<does he pay?

<<To the owner of

<<the deposit.

GEMARA:

<<Why

<<does it need

<<to teach

<<an animal,

<<and why

<<does it need

<<to teach

<<utensils?

They are needed,

<<for if

<<it taught

<<an animal,

<<I would have said:

<<an animal

<<is where

<<he transfers

<<to him

<<the double payment,

<<because

<<great is

<<its trouble

<<to bring it in

<<and to take it out;

<<but

<<utensils,

<<where not

<<great

<<is their trouble,

<<say

<<he does not

<<transfer

<<to him

<<the double payment.

And if

<<it taught

<<utensils,

<<I would have said:

<<utensils

<<is where

<<he transfers

<<to him

<<the double payment,

<<because

<<not

<<great

<<is their double payment;

<<but

<<an animal,

<<where when

<<he slaughtered

<<or sold

<<he pays

<<the fourfold or fivefold payment,

<<say

<<he does not

<<transfer

<<to him

<<the double payment.

<<It is needed.

Objected

<<to it

<<Rami bar Chama:

<<but

<<does not

<<a person

<<transfer

<<a thing

<<that has not

<<come

<<into the world!

<<And even

<<according to Rabbi

<<Meir,

<<who said

<<a person

<<transfers

<<a thing

<<that has not

<<come

<<into the world,

<<these

<<words apply

<<such as

<<the fruit of

<<a date palm,

<<which are bound

<<to come;

but

<<here,