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BAVA METZIA 43 (15 Sivan 5769) - Dedicated by Rabbi and Mrs. Mordecai Kornfeld in honor of the Bar Mitzvah of their son, Yehoshua Heshel Kornfeld. May he continue to grow in Torah and Yiras Shamayim and bring Nachas to his Creator.
If someone is Mafkid money with a moneychanger if they are wrapped up he may not use them and therefore if they get lost he is not obligated to pay. (1)
If the money is loose he may use them and therefore if they are lost he is obligated to pay.
If the money is lost b'Ones R. Huna says he is Chayav to pay because he is regarded as a Sho'el, while R. Nachman holds he is regarded as a Shomer Sachar and he is Patur for an Ones.
If he is Mafkid money with a private individual even if the money is loose he may not use and therefore if they are lost he is not obligated to pay.
R. Meir holds that a storekeeper is akin to a private individual and he may not use the money even if it is loose, while R. Yehudah holds that he is akin to a moneychanger and he may use the money if it is loose.
If the treasurer of Hekdesh is Mafkid money of Hekdesh mistakenly with a moneychanger if the money is wrapped he may not use them therefore if he spends it the treasurer is not Mo'el. (2)
If the money of Hekdesh is loose if the moneychanger spends it the treasurer is Mo'el. (3)
According to the opinion that the money changer is Chayav for Onsim as soon as the treasurer gives the money to the moneychanger he is Mo'el even if the treasurer doesn't spend it. (4)
If a Shomer is Shole'ach Yad on a Pikadon if it subsequently went down in price Beis Shamai says he must pay the value that it was worth at the time of the Shelichus Yad. (5)
R. Akiva says that he pays the amount that it was worth at the tine the owner made a claim.
It is a Machlokes if R. Akiva admits that if there are witnesses who testify that it was stolen if he pays the amount it was worth at the time of the Gezeilah, or the amount that it was worth at the time of the claim.
If he was Shole'ach Yad and it subsequently went up in price and he disposed of it he must pay the value that it was worth at the time he disposed of it.
Rabah says if someone steals jug of wine from his friend and it is worth a Zuz and it went up in price to four Zuzim and he broke it or drank it he must pay four but if it breaks by itself he pays a Zuz. (6)
All Gazlanim pay according to the price at the time of the Geneivah.
Rava says that a Shomer is Chayav for Onsim if he is Shole'ach Yad even if it is not missing anything.
Rava says someone who borrows something without permission is a Gazlan.
If someone steaks a sheep and he shears it and it gives birth he must pay for the sheep the sheerings and the offspring according to R. Meir.
R. Yehudah says he returns the sheep as it is and he pays the difference between what it is worth now and what it was worth at the time of the Gezeilah.
R. Yishmael holds that if a Gazlan returns the stolen object to its place it is not necessary to notify the owner.
If someone says that he will be Shole'ach Yad in Pikadon Beis Shamai he is Chayav for Onsim, while Beis Hillel says he is not Chayav unless he actually is Shole'ach Yad.
If a Shomer tips a jug and takes a Revi'is of wine and the jug subsequently breaks he is only Chayav for a Revi'is. (7)
If he picks up the jug and takes a Revi'is of wine and the jug subsequently breaks he is Chayav for the entire jug.
A BIT MORE
1. R. Yehudah says it was wrapped and sealed while R. Mari says it was tied with a unique knot, however if was merely wrapped up without a seal or a special knot he may use them. According to the second Lashon it is a Safek to R. Mari if it was tied with a unique knot if the moneychanger may use them money.
2. Since he did not have the right to spend the money if he spends it he is not a Shali'ach of the treasurer and therefore the treasurer is not Mo'el.
3. Since he had the right to spend the money he is regarded as a Shali'ach of the treasurer and since with regards to Me'ilah Yesh Shali'ach for a Devar Aveirah the treasurer is Chayav.
4. Since he is Chayav for Onsim as soon as he receives the money it enters his Reshus and since it entered his Reshus from the Reshus of Hekdesh he is immediately Chayav a Korban Me'ilah.
5. However, if the Pikadon is still in existence he may return the Pikadon even it went down in price.
6. Since if the wine was still in existence at the time he broke it or drank it he would have been obligated to return it therefore it is regarded as an act of Gezeliah and all Gazlanim pay in accordance with the price at the time of the Gezeilah. However, if it broke by itself since the breakage of the jug is not an act of Gezeilah he pays the amount it was worth at the time of the Gezeilah.
7. A Shomer is only Chayav for Onsim if he is Shole'ach Yad if he does Meshichah or Hagbahah; therefore in this case since it broke b'Ones he is only Chayav for the Revi'is, but not for the entire jug.
Beis Shamai says that as soon as a person has the thought to be Shole'ach Yad in a Pikadon he is Chayav for Onsim. The Rashash asks according to R. Yishmael who holds that someone who is Shole'ach Yad and subsequently returns the object to its place is Patur from Onsim even if he doesn't notify the owner, why is he Chayav for merely thinking to be Shole'ach Yad? The object remains it its place and it should not be worst that if he returned it. The Rashash answers that at the time of the Ones he still had in mind to be Shole'ach Yad and therefore it is not regarded that he returned it.
A UNIQUE KNOT
If money is given as a Pikadon to a storekeeper or a moneychanger and the money was not sealed and was not tied with a unique knot, even if it was wrapped it is permitted for the Shomer to use the money and therefore he is a Shomer Sachar and if the money is stolen or lost he is Chayav even if had not yet used the money. If he used the money he is Chayav for Onsim even if he returned the object to its place unless he returned the object to the owner. If the money was wrapped and sealed or tied with a unique knot he may not use it and therefore if it is lost or stolen he is not responsible for it. (Shulchan Aruch CM 292:7)
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