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BAVA METZIA 42

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BAVA METZIA 42 (14 Sivan) - Dedicated l'Iluy Nishmas Dina bas Reb Menachem Arye Bodner by her grandson, Mordechai Bodner of Yerushalayim.

SUMMARY

If someone is Mafkid money with his friend if he wraps it up and slings it over his back, or he gives it to his son or daughter who are Ketanim and doesn't lock the door in front of them properly he is Chayav since he didn't guard it in the usual way. (1)
 
Even if a Shomer wraps up the money he is guarding he shall keep it in his hands.
 
A person shall keep his money in his hands so that it will be available if he needs it.
 
A person should divide up his money, a third shall be invested in land, a third in merchandise and a third shall be kept at hand.
 
Before a person measures his granary he shall pray to Hashem Yisbarach that a blessing shall be sent to his handiwork.
 
When he starts measuring he shall say blessed in the One Who sends blessing; if he recites the blessing after he measures it is a false blessing.
 
A blessing is not found in something that is weighed, measured, or counted, blessing it is only found in something that is hidden from the eye.
 
Shmuel says a Shomer must guard money by burying it one Tefach deep in the ground, however if the money is given to him on Erev Shabbos at twilight it is not necessary to place it in the ground. (2)
 
The Tana Kama states if Chametz is buried underneath rubble it is it is not necessary to dispose of it, while R. Shimon Ben Gamliel says that the rubble must be at least three Tefachim deep sp a dog can't dig it out.
 
It is a Machlokes if a Shomer is negligent at first and subsequently an Ones occurs at the end if he is Chayav.
 
If a Shomer doesn't know where he placed a Pikadon it is regarded as negligence.
 
A Shomer may give over the Pikadon to his wife or sons to guard if they are Gedolim.
 
If someone is given money to guard and he gives it to his mother who placed it in a chest and it is stolen, the Shomer swears he gave it to his mother and the mother swears she placed in a chest and they are Patur. (3)
 
If a middleman sells an animal without teeth to the caretaker of orphans and he gives it to a shepherd and it dies the middleman compensates the orphans and the shepherd pays two thirds of the value of the meat to the middleman. (4)
 
If someone is given hops to guard and he tells his worker to take from his own pile of hops and place in the beer and the worker took from the pile of the Pikadon they are both Patur. (5)
 
However, if the beer that he made from the hops of the Pikadon turned out well he must pay for the hops that was taken from the Pikadon because he benefited, but if the beer turned out bad he is Patur.

A BIT MORE

1. If he guards it in the usual way he is Patur.
 
2. If the Shomer was given the money on Erev Shabbos at twilight but enough time has passed on Motzei Shabbos for him to bury it in the ground and he failed to do so he is Chayav.
 
3. Although money must be guarded by burying it in the ground, however the mother was not negligent since she didn't know that the money was given to her son as a Pikadon and the son who is the Shomer is also not regarded as negligent even though he failed to tell his mother that the money was given to him as a Pikadon because he figured if she thinks it is his money she will guard it better.
 
4. The shepherd doesn't have to pay the middleman the full price of the value of the ox because he is not completely negligence since he has an excuse that he put this animal together with the other animals and he was unaware that it did not have teeth, therefore a compromise is made and he returns the hide to the middleman and pays two thirds of the price of the meat.
 
5. The Shomer is Patur because he told him to take from his own pile, while the worker is Patur because the Shomer didn't tell him to take from that pile but not from the other pile.

BRIEF INSIGHT

NEGLIGENCE FOLLOWED BY AN ONES
 
A Shomer placed the money he was given to guard in a lean-to and it was stolen. The lean-to is secure from thieves but it is insecure from fire and therefore he is Chayav according to the opinion that if a Shomer is negligent at first and an Ones occurs at the end he is Chayav. Tosfos says that the lean-to is just as secure from thieves as burying money in the ground because otherwise the theft would not have been regarded as an Ones. Even according to the opinion that someone who is negligent at first is Chayav for a subsequently Ones is only Mechayev if for the theft if it is possible that the Ones would not have occurred if the Shomer had not been negligent but if the Ones would have occurred anyway such as if the Shomer was negligent and allowed the animal to go to a swamp and it died he is Patur since the angel death could have killed it just as easily at home.

QUICK HALACHAH

CHAMETZ UNDER THE RUBBLE
 
If a wall fell down and Chametz had been placed in the crevices and it became a heap of rubble even if it is not three Tefachim high and it is still possible for dogs to dig out the Chametz he is not obligated to check for Chametz because of the danger of scorpions which are frequently found in rubble. The concern is that maybe after one has completed his Bedikah he will look for a needle that he lost and he will be exposing himself to danger. (Shulchan Aruch OC 433:8)
 
However, one must be Mevatel the Chametz because of the possibility that there is Chametz underneath the rubble. If he failed to be Mevatel the Chametz according to the Olas Shabbos he must search after the Chametz with a shovel. (Mishnah Berurah)

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