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BAVA METZIA 112

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BAVA METZIA 112 (18 Teves) - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.
PAST DEDICATION
BAVA METZIA 112 (25 Av) - Dedicated by Dr. Eli Turkel of Raanana, l'Iluy Nishmas his mother, Golda bas Chaim Yitzchak Ozer (Mrs. Gisela Turkel) whose passed away on 25 Av 5760. Mrs. Turkel accepted Hashem's Gezeiros with love; may she be a Melitzas Yosher for her offspring and for all of Klal Yisrael.

SUMMARY

If a person withholds payment from worker it is tantamount to taking his soul.
 
It is a Machlokes between R. Huna and R. Chisda if it is tantamount to taking the soul of the Nigzal or the Gazlan.
 
If a worker doesn't claim his wages the transgression of Bal Talin does not apply.
 
If the Ba'al ha'Bayis doesn't have the money to pay his workers he doesn't transgress the prohibition of Bal Talin.
 
If the workers agree to collect their wages from a storekeeper or moneychanger the prohibition of Bal Talin doesn't apply.
 
It is a Machlokes between R. Sheshes and Rabah if the workers fail to collect from the storekeeper or moneychanger if they may go back to the Ba'al ha'Bayis for their wages.
 
R. Sheshes says if someone hires a Kablan (a worker who is paid for the job and not by the day) the transgression of Bal Talin applies. (1)
 
If someone gives a Talis to a tailor and the tailor notifies the owner that he completed the work on the Talis the prohibition of Bal Talin doesn't apply. (2)
 
If the owner received the Talis from the tailor at midday he must pay him by nightfall and otherwise the prohibition of Bal Talin applies.
 
A worker who claims on the same day that he completed his work that he had not received his wages swears that he had not received his wages and he collect because the Rabanan took away the Shevu'ah from the Ba'al ha'Bayis and gave it to the worker. (3)
 
If the worker claims that he had not received his wages only the day after his work was completed he is not believed with a Shevu'ah.
 
If the worker claims he was promised two Zuz for his wages and the Ba'al ha'Bayis claims he promised him only one Zuz the burden of proof is on the worker because ha'Motzi me'Chaveiro Alav ha'Re'ayah.(4)

A BIT MORE

1. R. Sheshes holds that a Kablan is not Koneh the utensil that he is working on when he improves the utensil and therefore the payment that he receives is wages for his work and the prohibition of Bal Talin applies.
 

 
2. The prohibition of Bal Talin only applies when the owner pick up his item.
 
3. A Ba'al ha'Bayis is busy with his workers and tends to forget if he paid his workers or not therefore although it is the obligation of the defendant, which is the Ba'al ha'Bayis in this case, to make the Shevu'ah in this case the Rabanan switched the Shevu'ah and gave it to the claimant.
 
4. The worker who is the Motzi must being proof that he was promised two Zuz and if he fails to bring proof the Ba'al ha'Bayis swears a Shevu'as Modeh b'Miktzas and he pays the worker one Zuz.

BRIEF INSIGHT

OCCUPIED WITH BUSINESS
 
A worker who claims on the day that his work was completed that he had not received his wages he swears that he had not received his wages and he collects because the Rabanan took away the Shevu'ah from the Ba'al ha'Bayis and gave it to the worker since a Ba'al ha'Bayis is busy with his workers and he thinks he paid even if he didn't.. The Nimukei Yosef says the worker swears even he is the only worker and consequently the Ba'al ha'Bayis has no other workers that he is busy with. The reason is when the Gemara states the Ba'al ha'Bayis is busy with his workers it doesn't mean only that he is busy with workers but rather that he is busy with his business. The Yerushalmi states explicitly that the worker swears because the Ba'al ha'Bayis is occupied in his business.

QUICK HALACHAH

COLLECTING FROM A MONEYCHANGER
 
A Ba'al ha'Bayis doesn't transgress the prohibition of Bal Talin unless the worker made a claim on his wages. If the worker didn't make a claim, or he made a claim but the Ba'al ha'Bayis doesn't have money to pay him, or he instructed him to collect from a moneychanger and the moneychanger agrees to give him the money even if the moneychanger doesn't owe money to the Ba'al ha'Bayis the prohibition of Bal Talin doesn't apply. However, if the worker retracts and he decides that he doesn't want to collect from the Ba'al ha'Bayis he may do so, however if a Kinyan was made he made not retract. (Shulchan Aruch CM 339:10)

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