But

<<the reason

<<of Rabbi Yosei

<<because of

<<the loss of

<<the deceiver

<<it is!

<<Rather,

<<both of them

<<for the Rabbis

<<were needed,

<<and “not only

<<this

<<but also

<<that”

<<it teaches.

MISHNAH:

<<One who deposits

<<produce

<<with

<<his fellow —

<<even if

<<they

<<are being lost,

<<he may not

<<touch

<<them.

<<Rabban Shimon ben Gamliel

<<says:

<<he sells them

<<before

<<a court,

<<because

<<he is

<<like one who returns

<<a lost object

<<to the owner.

GEMARA:

<<What is the reason?

<<Rav Kahana said:

<<a person

<<wants

<<a kav

<<of his own

<<more than nine

<<kavs

<<of

<<his fellow.

<<And Rav Nachman bar Yitzchak

<<said:

<<we are concerned

<<lest

<<made them

<<the depositor

<<terumah

<<and maaser

<<for

<<another place.

They raised an objection:

<<one who deposits

<<produce

<<with

<<his fellow —

<<this one

<<may not

<<touch

<<them.

<<Therefore

<<the owner

<<makes

<<them

<<terumah

<<and maaser

<<for

<<another place.

<<Granted,

<<according to Rav Kahana,

<<this is

<<what it teaches:

<<“therefore”.

But

<<according to Rav Nachman bar Yitzchak,

<<what is

<<“therefore”?

<<Thus

<<it says:

<<now

<<that said

<<the Rabbis

<<he should not

<<sell,

<<because we are concerned —

<<therefore

<<the owner

<<makes

<<them

<<terumah

<<and maaser

<<for

<<another place.

Rabba bar bar Chana said in the name of Rabbi Yochanan:

<<the dispute

<<is within the measure of

<<their loss;

<<but

<<more

<<than the measure of

<<their loss,

<<by the words of

<<all

<<he sells them

<<in court.

With Rav Nachman bar Yitzchak

<<certainly

<<it disagrees.

<<With Rav Kahana —

<<shall

<<we say

<<it disagrees?

<<When

<<said it

<<Rav Kahana,

<<within the measure of

<<their loss

<<he said it.

But

<<“wants

<<a kav

<<of his own

<<more than nine

<<kavs

<<of

<<his fellow”

<<he said!

<<An exaggeration

<<merely.

They raised an objection:

<<therefore

<<the owner

<<makes

<<them

<<terumah

<<and maaser

<<for

<<another place.

<<And let him be concerned

<<perhaps

<<they became

<<more

<<than the measure of

<<their loss,

<<and he sold them,

<<and he is eating

<<untithed produce!

<<More

<<than the measure of

<<their loss

<<is not

<<common.

And if

<<they are found so,

<<what?

<<We sell

<<them?

<<And let him be concerned

<<lest

<<made them

<<the owner

<<terumah

<<and maaser

<<for

<<another place!

<<When

<<we sell

<<too,

<<to kohanim

<<at the price of

<<terumah

<<we sell

<<them.

And according to Rav Nachman bar Yitzchak

<<too,

<<let us sell them

<<to kohanim

<<at the price of

<<terumah?

<<In this

<<they disagree:

<<Rabba bar bar Chana

<<holds:

<<more

<<than the measure of

<<their loss

<<is not

<<common

<<at all,

<<and when

<<it is found,

<<later on

<<it is

<<that it becomes

<<more

<<than the measure of

<<their loss.

<<If

<<makes

<<them

<<the owner

<<terumah

<<and maaser

<<for

<<another place,

<<before

<<they became

<<more

<<than the measure of

<<their loss

<<he makes

<<them.

<<Therefore,

<<when

<<they have become

<<more

<<than the measure of

<<their loss,

<<let us sell them

<<to kohanim

<<at the price of

<<terumah.

And Rav Nachman bar Yitzchak

<<holds:

<<more

<<than the measure of

<<their loss

<<is indeed

<<common,

<<and when

<<they become so,

<<immediately

<<it is

<<that they become so.

<<And if

<<you say

<<let us sell them,

<<sometimes

<<he goes ahead

<<and sells

<<them,

<<and when

<<makes

<<them

<<the owner

<<terumah

<<and maaser

<<for

<<another place,

<<he does not

<<know

<<that it was sold,

<<and he is eating

<<untithed produce.

They raised an objection:

<<one who deposits

<<produce

<<with

<<his fellow

<<and it rotted,

<<wine

<<and it soured,

<<oil

<<and it turned rancid,

<<honey

<<and it spoiled —

<<this one

<<may not

<<touch

<<them;

<<the words of

<<Rabbi Meir.

<<And the Sages

<<say:

<<he makes

<<for them

<<a remedy,

<<and sells them

<<in court.

<<And when he

<<sells them,

<<he sells them

<<to others

<<and does not

<<sell them

<<to himself.

Similarly

<<to it:

<<collectors of

<<charity,

<<at a time

<<when there are not

<<to them

<<poor people

<<to distribute to,

<<exchange coins

<<with others,

<<and do not

<<exchange

<<with themselves.

<<Collectors of

<<the food platter,

<<at a time

<<when there are not

<<to them

<<poor people

<<to distribute to,

<<sell

<<to others,

<<and do not

<<sell

<<to themselves.

It teaches,

<<at any rate,

<<produce

<<and it rotted;

<<is it not

<<even

<<more

<<than the measure of

<<their loss?

<<No,

<<within the measure of

<<their loss.

<<But

<<wine

<<and it soured,

<<oil

<<and it turned rancid,

<<honey

<<and it spoiled,

<<which more

<<than the measure of

<<their loss

<<are!

<<Different

<<are these:

<<since

<<it has stood,

<<it stands.

Oil

<<and it turned rancid,

<<honey

<<and it spoiled —