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BAVA METZIA 83

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BAVA METZIA 83 (Tamuz 25) - Dedicated in memory of Faiga bas Rav Moshe Shmuel z'l, mother of Les Wiesel of Queens NY, by Les and Sandy Wiesel.

SUMMARY

Isi Ben Yehudah that if an item that a Shomer is guarding breaks in front of witnesses the Shomer is not Patur with a Shevu'ah and he is only Patur if he brings witnesses who testify that he was not negligent
 
R. Yochanan says that a Shomer who moves a jug that he is guarding from place to place and he slips and it breaks the Chachamim decreed that he is Patur with a Shevu'ah because otherwise no one would move a jug for his friend from place to place. (1)
 
Rava says that according to R. Yochanan if the Shomer slips and breaks the jug he swears that he didn't break it deliberately and he is Patur. (2)
 
R. Yehudah holds a Shomer Chinam who is guarding a jug and he moves it from place to place and he slips and it breaks a Shomer Chinam swears and he is Patur, while a Shomer Sachar is Chayav to pay.
 
R. Eliezer says the Din is like R. Meir that both a Shomer Sachar and a Shomer Chinam swear and are Patur but he doesn't understand why a Shomer Sachar is Patur since he is Chayav for negligence and even a Shomer Chinam should be Chayav if he slipped on level ground.
 
If someone asks his friend to buy for him four hundred barrels of wine and the Shali'ach claims that he bought the wine and it turned into vinegar since such a significant event has a Kol the Shali'ach must prove that he bought wine with the money not vinegar. (3)
 
If someone is hired to transport barrels and he carried two barrels at a time on his shoulders with a stick that was bent in the middle and the barrels break R. Chiya Bar Yosef was Mesaken that he must pay half. (4)
 
If the workers carried the barrels with a stick that is bent like a hook at the ends and he tied two barrels to the ends if the barrels break he must pay for the complete cost. (5)
 
If someone hires workers and he instructs them to start early and to end late if it is a place that the Minhag is that workers do not start early and end late he may not force them.
 
Even if he is paying them more than the usual he may not force them to start early and end late because the workers can say that which you are paying us extra is in exchange for doing better work and not to work early and late.
 
If a person hires workers in a place where the Minhag is to provide them with food or the Minhag is also to provide them with sweets he must follow the Minhag.
 
When a worker departs from his house to go to work he may delay his departure until daybreak but at the end of the day he may not stop his work and go home until nightfall. (6)
 
Every Tzadik is given in Olam ha'Ba'ah a dwelling in accordance with his honor.
 
The Resha'im are analogous to wild beasts in the field.

A BIT MORE

1. R. Yochanan is answering the contradiction that R. Meir in our Mishnah holds that a Shomer who slips and breaks the jug is Patur even though he states elsewhere that someone who slips is considered negligent and the answer is that it is a Takanas Chachamim that the Shomer who breaks a jug is Patur with a Shevu'ah.
 
2. R. Yosef holds since guarding an Aveidah is a Mitzvah and the Mitzvah is regarded as his Schar.
 
3. Rava is explaining that according to R. Meir someone who slips is negligent and even so he is Patur because of the Takanas Chachamim so he can't swear that he wants negligent and instead he swears that he did not break the jug deliberately.
 
3. This is in accordance with Isi who holds that any time it is possible to prove something with witnesses a person must brig witnesses and otherwise he must pay.
 
4. Two barrels are too much for one person to carry in this fashion and too little for two people, however it is usual for a person to make the effort and carry two at a time and therefore it is close to being both an Ones and a Peshi'ah and he pays half.
 
5. It is regarded as a Peshi'ah because it is usual to tie to the stick a load that requires two people to carry it and since he carried by himself a load that requires two people he is Chayav to pay for it completely.
 
6. In a place where there is an established Minhag regarding what time the workers start and end the day the Minhag should be followed unless the Ba'al ha'Bayis tells him I am hiring you with the Dinim of worker Min ha'Torah.

BRIEF INSIGHT

MIGO THAT IS OPPOSED BY WITNESSES
 
Isi Ben Yehudah says that if an item that a Shomer is guarding breaks in front of witnesses the Shomer is not Patur with a Shevu'ah and he is only Patur if he brings witnesses who testify that he was not negligent. The Nesivos says even if it was not known that it broke in front of witnesses and the Shomer admits that it broke in front of witnesses he is Chayav if he doesn't bring witnesses even though he has a Migo because it is a Migo in a place of witnesses because if without witnesses who testify that he was negligent it is as if witnesses testify that he was negligent.

QUICK HALACHAH

WINE THAT TURNS INTO VINEGAR
 
Any Shali'ach who claims that an Ones occurred and he lost a sum of money he must swear a Shevu'ah of a Shomer on his claim and he is Patur. If the Ones occurred in a place where it is possible to bring witnesses or if it is obvious that it is possible to bring witnesses he must bring proof to his claim and if he doesn't bring proof he is not believed and he must pay. There was an incident with someone who instructed a Shali'ach to buy for him four hundred barrels of wine from money that he had given him to guard and he bought the wine and it turned into vinegar the Chachamim said that such a great number of barrels that turned into vinegar have a Kol and since it is possible to bring proof he must prove that it wasn't vinegar at the time that he bought it and he will be Patur and if not he is Chayav to pay. This Din applies to anything that it is likely that he can bring proof, but something that is hidden and it is difficult to bring proof he may swear. (Shulchan Aruch CM 187:1, 2)

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