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BAVA METZIA 32

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PAST DEDICATION
BAVA METZIA 32(4 Sivan) - Dedicated by Rabbi Kornfeld's father, Mr. David Kornfeld, in memory of the members of his family who perished at the hands of the Nazi murderers in the Holocaust, Hashem Yikom Damam: His mother (Mirel bas Yakov Mordechai), brothers (Shraga Feivel, Aryeh Leib and Yisachar Dov sons of Mordechai), grandfather (Reb Yakov Mordechai ben Reb David Shpira) and aunt (Charne bas Yakov Mordechai, the wife of Reb Moshe Aryeh Cohen zt'l). Their Yahrzeit is observed on 4 Sivan.

SUMMARY

If one partner dissolves the partnership and takes his share he must bring at least two out of the three witnesses who were present when he took his share or two witnesses who testify that he took his share in front of three people.
 
If a person who is returning a Metzi'ah makes a condition in front of Beis Din that he is only returning the Metzi'ah on condition that he receives full pay for the work that he missed it is a valid condition.
 
If there is no Beis Din he is not obligated to take off from his work in order to return a Metzi'ah.
 
A widow may sell the property of the inheritors of her husband for her Mezonos without an expert Beis Din. (1)
 
If an animal is found in an unguarded barn the finder is not obligated to return it if there is nothing in the barn that would prompt the animal to run out
 
R. Yitzchak says in the first Lashon that an animal that is found in a barn that is outside the Techum must be returned; but in the second Lashon he says that there is no obligation to return it.
 
If an animal is found in the Reshus ha'Rabim it must be returned even if it is found inside the Techum according to the first Lashon but according to the second Lashon it only has to be returned if it was found outside the Techum.
 
A Kohen may not return an Aveidah that is found in a cemetery.
 
If a father of a Kohen instructs his son to return an Aveidah that is found in a cemetery or if a father instructs his son not to return an Aveidah the son should not heed him.
 
A Mitzvas Aseh does not supersede a Mitzvas Lo Sa'aseh with a Mitzvas Aseh.
 
Honoring parents is compared by the Torah to honoring Hashem Yisbarach.
 
If someone helps his friend unload his animal and his friend loads his animal and requires help to unload it again even if this repeats itself four or five times he is obligated to help his friend each time.
 
If the owner of the animal says since you have a Mitzvah to help me I will watch while you do the Mitzvah he is Patur. (2)
 
A person must help his friend unload his animal without receiving payment but he is only obligated to help load his friends animal if he receives payment according to the Tana Kama.
 
R. Shimon holds a person must also help load his friend's animal without receiving payment.
 
R. Yosi ha'Glili says if the owner overloaded his animal there is no obligation to help him unload his animal. (3)
 
A person is obligated to help a non-Jew load and unload his animal, however if his animal is carrying a load of prohibited wine there is no obligation to help him.
 
If an animal belongs to a non-Jew and the load belongs to a Jew the Mitzvah of helping him with the load doesn't apply
 
If the animal belongs to a Jew and the load belongs to a non-Jew the Mitzvah of helping him with the load applies.
 
R. Yosi ha'Glili holds that Tzar Ba'alei Chaim is not d'Oraisa.
 
If a person has the opportunity to unload his friend's animal or load the animal of his enemy who is Jewish he should help his enemy in order to conquer his Yetzer ha'Ra.

A BIT MORE

1. However a regular Beis Din is needed for the sale.
 
2. If the owner is ill or old and is incapable of helping he is Chayav to unload the animal even without his help.
 
3. However, the Tana Kama holds that even if the owner overloaded his animal there is an obligation to help him.

BRIEF INSIGHT

TZAR BA'ALEI CHAIM
 
The Rif Paskens like Rava that Tzar Ba'alei Chaim is d'Oraisa. However, it only applies if the animal is in great pain, but not if the pain is only moderate. The Rambam says that even though Tzar Ba'alei Chaim is d'Oraisa a Zaken is not obligated to help a person unload his animal if it is beneath his dignity because the honor of the Torah takes precedence. However, the Ran says that even a Zaken who is not a Talmid Chacham doesn't have to help unload if it is beneath his dignity and the reason is because Tzar Ba'alei Chaim is superseded for something that is a benefit for humans and consequently the honor of a human takes precedence over the prohibition of Tzar Ba'alei Chaim. [Nimukei Yosef]

QUICK HALACHAH

POREK V'TOEN
 
If someone helps unload and load his friends animal and the load falls again he is obligated to load and unload even a hundred times, therefore [after helping his fiend load] he must tag along for a Parsah (four Mil) unless his friend tells him that it is unnecessary. (Shulchan Aruch CM 265:1)

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