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BAVA METZIA 115

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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

Although the Torah obligates a lender to return the Mashkon every night, however it is worthwhile to take a Mashkon so that Shvi'is will not release the debt and if he dies the lender may collect the Mashkon from the orphans even though he may not collect other Metaltelin from the orphans.
 
Although it is forbidden for a lender to enter the house of a borrower to take a Mashkon he may enter the house of a consignor to take a Mashkon.
 
If someone owes money to an innkeeper or he owes money to a worker it is permitted for the Ba'al Chov to enter his house to take a Mashkon.
 
R. Yehudah holds it is forbidden to take a Mashkon from a widow whether she is poor or rich.
 
R. Shimon holds it is permitted to take a Mashkon from a rich widow; it is only forbidden to take a Mashkon from a poor widow because he is obligated to return the Mashkon every night and it may cause her reputation to be ruined. (1)
 
R. Yehudah holds that a King may marry many women as long as they do not make his heart stray from Hashem Yisbarach.
 
R. Shimon says a King may not even marry one woman who will cause his hear to stray from Hashem and he many not marry many women even if they are very righteous like Avigayil.
 
It is forbidden to take a mill for a Mashkon and if one takes the mill he transgresses a separate Lav for both the upper and lower millstone.
 
R. Huna holds if one takes a mill for a Mashkon he also transgresses the Lav of Ki Nefesh Hu Chovel, while R. Yehudah holds that Ki Nefesh Hu Chovel applies to other items but not to a mill. (2)
 
Abaye says if someone eats the Korban Pesach partially roasted or cooked he receives two Malkus; for the Lav of Na or Mevushal and also for the Lav of Ki Im Tzli Esh and if he eats the Korban Pesach both Na and Mevushal he receives three Malkus.
 
Abaye disagrees with Rava and he holds that a person doesn't receive Malkus for the Lav of Ki Im Tzli Esh because it is a general Lav. (3)

A BIT MORE

1. If a person takes a Mashkon from a poor person if he takes a night garment he must retune it every night and if he takes an item that is used during the day he must return it every morning and R. Shimon holds that since he is constantly entering the house of the widow it may cause her reputation to be ruined.
 
2. R. Yehudah holds that since there is a specific Lav for a mill Ki Nefesh Hu Chovel is not referring to a mill but rather to other utensils that are used for the perpetration of food.
 
3. Since the Lav of Ki Im Tzli Esh includes both the prohibition of Na and of Mevushal it is a considered a general Lav and it is not punished with Malkus.

BRIEF INSIGHT

A MASHKON FROM A WIDOW
 
R. Yehudah holds it is forbidden to take a Mashkon from a widow whether she is poor or rich. R. Shimon holds it is permitted to take a Mashkon from a rich widow; it is only forbidden to take a Mashkon from a poor widow because he is obligated to return the Mashkon every night and it may cause her reputation to be ruined. The Rambam says that even if he takes a Mashkon at the time of the loan it is forbidden to take a Mashkon from a widow, while the Ra'avad argues and he says it is only forbidden if the Mashkon is taken after the loan took place. The Magid Mishnah agrees with the Ra'avad for the reason that according to R. Shimon the reason why it is forbidden to take a Mashkon from a widow is because it will ruin her reputation since he must return the Mashkon every day and that logic only applies if the Mashkon was taken after the loan took place because if the Mashkon was taken at the time of the loan everyone agrees that there is no obligation to return the Mashkon every day. Consequently, since according to R. Shimon the prohibition to take a Mashkon from a widow only applies if the Mashkon was taken after the loan took place the same is true according to R. Yehudah because regarding this point there is no Machlokes between R. Yehudah and R. Shimon.

QUICK HALACHAH

A MILL FOR A MASHKON
 
The Shali'ach Beis Din may not take a utensil that is used of the preparation of food for a Mashkon, such as a hand mill which is Metaltelin even if he takes it outside the house of the borrower. However a water mill is considered Karka and if it is taken it is not considered a Mashkon, but rather it is regarding as collecting the loan as Beis Din doesn't take Karka for a Mashkon. However, if the lender himself enters the house of the borrower and takes the mill it has now become Metaltelin and it is regarded as a utensil used for the perpetration of food and it must be returned when it is needed for work. (Shulchan Aruch CM 97:6)

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