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BAVA METZIA 116

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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

The prohibition to eat a Korban Pesach that is not roasted applies only on the night of the fifteenth when it is a Mitzvah to eat the Pesach but not on the fourteenth when the Mitzvah doesn't yet apply.
 
If someone takes both blades of a scissors or two cows attached with a yoke for a Mashkon he is Chayav for the two Lavim of Lo Yachbol Reichayim v'Rechev. (1)
 
If someone takes a butchers knife for a Mashkon without witnesses Abaye says it must be returned because it is a utensil that is used for the perpetration of food and he must go to Din in order to collect the loan.
 
Rava disagrees with Abaye and he holds that since he took the knife without witnesses and he could have claimed that he bought it he doesn't need to go to Din on the loan and he may collect up to the value of the Mashkon.
 
A goat ate barley from a field and the owner of the field grabbed the goat; Avuha d'Shmuel says that the owner of the field may collect for the damages to his barley up to the value of the goat because he could have claimed that he bought the goat. (2)
 
Someone claimed that shearing scissors and a book of Agadeta that is in the hands of orphans belongs to him and he lent it to their father and Rava gave it to him because they are items that are commonly lent out and the orphans are not believed if they calm their father bought them. (3)
 
If a house with two floors collapses the owner of the first floor divides the wood, stones and earth with the owner of the second floor.
 
If some of the stones are broken and they both claim that the whole stones bare theirs we estimate which stones were more likely to be broken and we give the whole stones to the other one. (4)
 
If one of them recognizes some of the whole stones and claims they are his if the other one says he doesn't know we give it to him. (5)
 
When one of them recognizes and takes some of the stones for every whole stone that he takes the other one also takes a whole stone. (6)
 
If someone claims that his friend owed him a Manah and his friend says he doesn't know R. Huna and R. Yehudah say that he is Chayav, while R. Yochanan and R. Nachman say that he is Patur.
 
If someone rents the second floor of a house and the owner says I am renting you the second floor this house if it cave sin the owner is Patur.
 
If he says I am renting you a second floor of a house without specifying a house if it caves in he must give him a different house to live in.
 
If he says I am renting you the second floor on top of this house and the floor caves in the renter may move in to the first floor until the owner fixes it, while R. Yosi holds that the owner only must fix the floor while the renter must fix the plaster. (7)
 
If the floor did not cave in completely and it only caved in four Tefachim Rav holds he may put one of his utensils downstairs but he may not move in completely downstairs.
 
Shmuel holds even though it only caved in four Tefachim he may move in downstairs because we can't force him to live partially upstairs and partially downstairs.

A BIT MORE

1. Even though the two blades of a scissors and the two cows together do one Melachah the lender is Chayav for the two Lavim for Lo Yachbol Reichayim v'Rechev; just as the Reichayim and Rechev are two parts of a mill and he is Chayav a separate Lav for each one so too any utensil that is taken for a Mashkon if it consists of two pieces he is Chayav separately for each one.
 
2. Even though the owner of the field doesn't have witnesses for the damages he is believed with a Migo that he could have said that he bought the goat. Even though Abaye doesn't hold of this Migo in the case that a lender took a butchers knife for a Mashkon without witnesses that is only because a butchers knife is something that people often lend out and therefore a person is not believed if he claimed he bought it but people do not usually lend out a goat and therefore a person is believed to claim that he bought it.
 
3. Since these items are commonly lent out the orphans are not believed if they claim that they bought it and therefore the owner of the items may take them from the orphans. Even though Rava holds that a person who takes a butchers knife for a Mashkon is believed to say he bought it that is because Rava holds that a butchers knife is not commonly lent out since the blade is easily damaged.
 
4. If the house collapsed on itself it is more likely that the stones of the bottom floor broke and if the house fell over it is more likely that the stones of the second floor broke.
 
5. According to R. Yochanan and R. Nachman who say that if someone claims that his friend owes him a Manah and his friend says he doesn't know he is Patur we are referring to a case where regarding some of the stones he admits it belongs to his friend and regarding the others he says he doesn't know and therefore he is Chayav a Shevu'as Modeh b'Miktzas and since he can't swear because he doesn't know he must pay.
 
6. Even though they both takes the same number of whole stones however the person who recognizes some of the stones may be better off if the stones that he recognizes are bigger or better stones.
 
7. Since he said that he is renting the second floor on top of this house the house is Meshubad to the second floor and if the floor caves in he may live on the first floor.

BRIEF INSIGHT

COMMONLY LENT ITEMS
 
Someone claimed that shearing scissors and a book of Agadeta that is in the hands of orphans belongs to him and he lent it to their father and Rava gave it to him because they are items that are commonly lent out. The Rambam says that even items that are not commonly lent out such as person's clothing and bedding are not regarded as something that is usually lent out with respect to Chazakah and a person is believed if he claims that he bought it. Only items that were originally made in order to lend out it to rent out such as big pots that are used for a wedding or utensils for a Kalah are considered items that are commonly lent out. However the Meiri says that the Gemara which says according to Rava that a butchers knife is not something that is usually lent out because the blade is easily damaged implies not like the Rambam because according to the Rambam all items are considered something that is usually lent out regarding Chazakah even if it is something that can be damaged.

QUICK HALACHAH

OCHEL NEFESH
 
If someone takes many utensils that are sued for the perpetration of food for a Mashkon he is Chayav a separate Lav for each utensil. Even if he takes for a Mashkon two utensils that are attached together and they do one Melachah, such as two blades of a shearing scissors, he is Chayav two Lavim. It is permitted to take food for a Mashkon. (Shulchan Aruch CM 97:10, 11)

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