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BAVA METZIA 113

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BAVA METZIA 112-116 - 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 Rav Weiner -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

SUMMARY

A worker who claims after the time for Bal Talin is up that he was not paid may not swear and collect because of the Chazakah that a Ba'al ha'Bayis doesn't transgress Bal Talin and a worker doesn't delay to claim his wages. (1)
 
If witnesses testify that the worker claimed his wages the entire day when his wages were due the following day the worker may swear that he had not collected his salary and collects.
 
A lender may only take a Mashkon from the borrower by way of the Shali'ach Beis Din.
 
If the lender has bedding and a plow as a Mashkon he shall return the bedding for the night and the plow for the day.
 
If the borrower dies the lender is not obligated to return the Mashkon to the inheritors. (2)
 
R. Shimon Ben Gamliel says that even if the borrower is still alive he is not obligated to return the Mashkon after thirty days and he may sell it in Beis Din.
 
It is a Machlokes Tana'im if a Shali'ach Beis Din may enter the house of a borrower to collect a Mashkon; a Ba'al Chov may not even take a Mashkon from the borrower outside the house.
 
When a Mashkon is taken from a debtor we allow him to keep one bed for sitting and one for sleeping and an expensive mattress for a rich person and a cheaper mattress for a poor person.
 
We do not allow the debtor to keep a mattress for his wife and children.
 
Just as if someone is Ma'arich to Hekdesh and he can't afford to pay the entire sum is allowed to keep basic necessities so too a debtor who can't afford to pay his debt may keep his basic necessities.
 
The Tana Kama holds that Lof (a type of legume) and mustard seed is Muktzah on Shabbos because it is not fit for consumption, while R. Shimon Ben Gamliel holds Lof is not Muktzah because it is eaten by ravens. (3)
 
The Tana Kama holds that Bnei Melachim may smear rose oil on a wound on Shabbos because it is usual for them to do so during the week even if they do not have a wound. (4)
 
R. Shimon Ben Gamliel says everyone may smear rose oil on a wound on Shabbos because all Yisrael are Bnei Melachim.
 
The Beraisa states if a debtor can afford to repay a loan and he owns a cloak worth a thousand Zuz the cloak is taken from him and is replaced with a cheaper one.
 
R. Yishmael and R. Akiva hold the debtor may keep the cloak because all of Yisrael are Bnei Melachim and the cloak is suitable for them.

A BIT MORE

1. Even though there is a Chazakah that a worker doesn't make fraudulent claims and transgress the prohibition of Bal Talin; however the Ba'al ha'Bayis has two Chazakos while the worker only has one.
 
2. He shall sell the Mashkon and use the proceeds for the repayment of his loan.
 
3. Even though only rich people keep ravens as pets however R. Shimon Ben Gamliel holds all of Klal Yisrael are Bnei Melachim and a raven is a suitable pet for everyone.
 
4. Since Bnei Melachim smear rose oil even without any wound if they smear it on a wound on Shabbos it is not apparent that they are doing it for medicinal purposes and therefore the decree that a person may not use medicine rose oil on a wound on Shabbos because rose oil on a wound on Shabbos because of a Gezeirah that he may grind herbs doesn't apply in this case.

BRIEF INSIGHT

REFUSING TO REPAY A LOAN
 
Shmuel says that even a Shali'ach Beis Din may not enter the house of a borrower to collect a Mashkon. The Rosh asks if the Shali'ach Beis Din may not enter his house how does Beis Din force a borrower to repay a Chov. Repaying a Ba'al Chov is a Mitzvas Aseh and if someone refuses to perform a Mitzvas Aseh the Beis Din may hit him and if he continues to refuse they may continue to hit him until his soul departs. The Rosh answers that according to some opinions although the Shali'ach Beis Din may not enter the house, however he may force the borrower to enter his house and bring out a Mashkon. Rabeinu Tam answers that only with regards to taking a Mashkon as security for the loan it is forbidden for a Shali'ach Beis Din to enter the house of the borrower. However in order to collect payment for the loan the Shali'ach Beis Din may enter the house of the borrower and forcibly take payment.

QUICK HALACHAH

TAKING A MASHKON
 
If a lender wants to take a Mashkon after the loan has taken place he shall not take the Mashkon himself because if he does he transgresses a Lav. Instead Beis Din shall send a Shali'ach and even the Shali'ach Beis Din shall not enter his house to take the Mashkon but if he finds an item outside the house he shall take it. Even if the lender wants to enter the house of the borrower in order to make a list of his possessions the Beis Din shall not allow him to enter the house at all. (Shulchan Aruch CM 97:6)

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