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BAVA METZIA 78

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BAVA METZIA 78 - Ari Kornfeld has generously sponsored the Dafyomi publications for this Daf for the benefit of Klal Yisrael.

SUMMARY

If someone wanted to sell a field worth a hundred Zuz and he couldn't find a buyer and he sold instead a field worth two hundred Zuz and he is making futile efforts to collect the money that is owed to him the buyer is not Koneh and the seller may retract
 
If he could have found a buyer for his field that was worth a hundred Zuz if he would have made more effort but he refused to make the effort and he sold instead a field worth two hundred Zuz and he is making futile efforts to collect the money that is owed to him it is a Safek if he may retract. (1)
 
If someone hires workers for a job and they back out in the middle and the Ba'al ha'Bayis can't find other workers to finish the job and if it is not finished he will suffer a loss he may hire other workers at the first workers expense or he may trick them into completing the work. (2)
 
He may hire other workers to finish the job after the first workers backed out he may overpay by the amount that he owes the first workers and if he has property of the first workers in his possession he may overpay them by the sum of forty or fifty Zuz.
 
If someone rents a donkey to bring it to valley and he brought it to a mountain or vice versa even if the length of the trip for both of them is ten Mil if it dies he is Chayav. (3)
 
If someone rents a donkey to bring it to the mountain and he brought it to the valley and it slipped and died he is Patur, but if it died from heatstroke he is Chayav.
 
If someone rents a donkey to bring it to the valley and he brought it to the mountain and it slipped and died he is Chayav, but if it died from heatstroke he is Patur, however if the heatstroke was caused from the strenuous climb of the mountain he is Chayav.
 

 
R. Meir holds a renter who disregards the instructions of the Ba'al ha'Bayis is a Gazlan and he is Chayav for Onsim.
 
If someone gave wool to a dyer to dye it black and he dyed it red, or to dye it red and he dyed it black R. Meir says the dyer must give him the value of the wool. (4)
 
R. Yehudah says if the wool appreciated more than the expenses the owner pays for the expenses and if the expenses are more than the appreciation he pays for the appreciation.
 
Money that is collected for Purim shall be given to the poor for Purim and money that is collected for the poor of a certain town shall be given to the poor of that town. (5)
 
Money that was collected for Purim must be used for Purim and a poor person may not buy a shoelace with the money without an a condition being made in front of the people of the city according to R. Meir, while R. Shimon Ben Gamliel argues.
 
If someone gives money to a poor person to buy a cloak he shall not buy a Talis with it if he gives the money to him to buy a Talis he should not buy a cloak with it.
 
If someone rents a donkey and it becomes blind or its feet became wormy or it went crazy the owner may tell him take the donkey as it is and he is not obligated to provide a replacement.
 
If someone rents a donkey and it was taken by the authorities if it will be returned the renter may not demand a replacement, but if it will not be returned he may demand a replacement according to Rav.
 
Shmuel says that whether or not it will be returned if it is taken in a different direction than the renter is going he may demand a replacement but if it is taken to the same direction he may not demand a replacement. (6)

A BIT MORE

1. Maybe since he didn't make the effort to sell the field worth a hundred Zuz and he sold this field instead he must be selling it because it is a poor field and therefore even if he is making futile efforts to collect the money the buyer is not Koneh.
 
2. He may trick them by promising them more money to finish the job and than reneging on his commitment.
 
3. It died from the change of climate or from fatigue, or it was bitten by a snake.
 
4. R. Meir holds the dyer is Koneh the wool with a Shinuy and he may keep the wool and instead he pays for the value of the wool.
 
5. The Tzedakah collectors shall not be frugal with the money and shall not save some of it for the Kupah of Tzedakah; they shall buy calves with the money and it shall be Shechted and the meat that is left over shall be given to the Kupah of Tzedakah.
 
6. If it is taken in the same direction he may not demand a replacement because he can follow the donkey until the authorities find another donkey and return his donkey to him.

BRIEF INSIGHT

RENTING A DONKEY
 
If someone rents a donkey and it becomes blind or its feet become wormy or it went crazy the owner may say that take the donkey as it is. The Ra'avad says that since the donkey went blind or went crazy he is Patur from paying for the rental. Although the owner may tell him to take the donkey as it is and he is not Chayav to offer a replacement however the renter is Patur from paying the rent.

QUICK HALACHAH

TRANSGRESSING THE WILL OF THE OWNER
 
If someone rents a donkey to bring it to mountain and he brought it to a valley and it slipped and died he is Patur even though he transgressed the will of the owner, but if it died from heatstroke he is Chayav. If he rents a donkey to bring it to valley and he brought it to a mountain and it slipped and died he is Chayav because the mountain is more slippery than the valley, but if it died from heatstroke he is Patur because it is hotter in a valley than a mountain as it is very windy on a mountain. If it overheated as a result of the climb he is Chayav. (Shulchan Aruch CM 309:1, 2)

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