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BAVA METZIA 91

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PAST DEDICATION
BAVA METZIA 91 - Dedicated l'Iluy Nishmos Reb Aharon Dovid ben Elimelech Shmuel Kornfeld (Muncasz/Israel/New York), who passed away on 3 Av 5761, and Mrs. Lily (Leah bas Pinchas) Kornfeld who passed away on 8 Av 5765, by their daughter Shifra, and family.

SUMMARY

Anyone who is Meimir an animal of Hekdesh it is effective, but it is forbidden to do so and it is punished with Malkus. (1)
 
R. Yehudah holds that a Lav without a Ma'aseh is punished with Malkus.
 
It is a Machlokes Tana'im if someone is Meimir an animal of Hekdesh that he inherits if it is a valid Temurah.
 
R. Yehudah holds that someone who inherits a Korban does not do Semichah on the Korban.
 
Someone who muzzles an animal that he rented and he threshes with it he is punished with Malkus and he must pay the owner of the animal the four Kavim that it would have eaten if it is a cow and three Kavim for a donkey. (2)
 
A person who is Chayav Misah is Patur from the punishment of Malkus.
 
It is a Machlokes Tana'im if a person who is Chayav Malkus is Patur from his Chiyuv to pay.
 
Rava says that the Din that an animal which was given as an Esnan may not be brought as a Korban applies even to an Esnan given to a mother since he is Chayav to give it to her B'Yedei Shamayim. (3)
 
It is forbidden to knead dough with milk and if one does so the bread is forbidden to be eaten because of the concern that he will forget that it is dairy and he will eat it with meat.
 
A person may not coat his oven with meat fat and if he does so any bread that is balked is forbidden until he heats up the oven and burns out the fat.
 
If two witnesses testify that they saw two people who are forbidden to each other with each other in the Derech of Mena'ifim it is sufficient to be Mechayev them Misah.
 
A person who breeds two animals that are Kilayim with each one is not Chayav unless he actively breeds them, however the Rabanan prohibit from even placing two of the same type of animal in the same barn with a different type of animal because of Pritzus of servants. (4)
 
A person may actively breed two animals of the same type and it is not considered Pritzus since he is busy with his work..
 
If a person works with his hands and not his feet or with his feet and not with his hands or with only with his shoulders he may eat from the produce according to the Tana Kama.
 
R. Yosi Bar Yehudah holds that a worker may only eat from the produce if he is working with his hands and with his feet.
 
If someone threshes with geese and roosters that thresh only with their feet it is a Safek according to R. Yosi Bar Yehudah if the prohibition of muzzling them applies. (5)
 
Workers who placed the grapes in the wine press may not drink from the wine until they walk on the press to and fro and after they walk to and fro they may eat grapes and drink wine. (6)
 
If workers are eating figs they may not eat grapes or vice versa but they may refrain from eating until they are working on the superior produce.
 
Workers may only eat while they are working, however for the purpose of Hashavas Aveidah workers may eat while they are walking from one row to another and while they are returning from the wine press. (7)
 
It is a Safek if a worker who is working on one vine may eat grapes from a different vine.

A BIT MORE

1. Whether a man or a women take an animal of Hekdesh and an animal of Chulin and say that the animal of Chulin shall be a Temurah for the animal of Hekdesh it is effective and the animal of Chulin is now Hekdesh (the animal of Hekdesh retains its Kedushah as well) but it is forbidden by the Torah to make a Temurah ad it is punished with Malkus according to R. Yehudah who holds that a Lav without a Ma'aseh is punished with Malkus
 
2. Even though a person is not obligated to pay money if he is punished with Malkus this Beraisa is in accordance with R. Meir who holds that a person pays money even if he is punished with Malkus. Or alternatively, although someone who is punished with Malkus is Patur from paying he is Chayav to pay b'Dinei Shamayim. Another explanation is that at the time that he did Meshichah on the animal he was obligated in the Mezonos and the Chiyuv Malkus came afterwards at the time that he threshed with it and since the Chiyuv money was not at the same time as the Malkus he must pay.
 
3. Even though he is Chayav Misah for having relations with his mother and a person who is Chayav Misah is Patur from paying, even so if he chooses to give her the Esnan it is not regarded as merely a gift since he is Chayav to give it to her b'Yedei Shamayim and therefore it has the Din of an Esnan and may not be brought as a Korban.
 
4. We are concerned for the possibility that the servants will actively breed Kilayim if we allow them to be brought into the same barn.
 
5. Geese and roosters do not have hands that they stand on and they stand only on their feet and the question is if it is sufficient according to R. Yosi Bar Yehudah that they are working with all of their strength for the prohibition of muzzling to apply or is it necessary for them to work with its hands and feet.
 
6. Workers may only eat from the produce they are working on and until they walk to and fro on the press it is not regarded that they working on the wine yet and therefore they may eat from the grapes and not from the wine, but once they walk to and fro on the press it is regarded as they are working on the wine and they may drink from the wine.
 
7. In order that the workers will not be Batel from their work they are allowed to eat while they are walking from row to row or returning from the press.

BRIEF INSIGHT

A MUZZLED ANIMAL
 
Someone who muzzles an animal that he rented and he threshes with it he is punished with Malkus and he must pay the owner of the animal the four Kavim that it would have eaten if it is a cow and three Kavim for a donkey. Rabeinu Peretz asks why does he have to pay four Kavim of grain. If he wanted to he could have put in front of the animal straw and the animal would have eaten the straw and would not have eaten the grain at all. Rabeinu Peretz answers that if he had not muzzled the animal he could have gotten away with feeding it straw but now that he muzzled the animal the Rabanan penalize him and he must pay the amount of grain the animal would have eaten from the field.

QUICK HALACHAH

DRINKING WINE
 
If a worker is working on figs he may not eat grapes even though he was hired to work on both of them, but he may refrain from eating until he reaches the superior produce and eat there. Therefore workers who had not yet walked to and fro on the wine press may eat grapes but not the juice because the Melachah they did on the wine is not yet obvious and it is akin to working on one type and eating from another type. Once they walked to and fro on the press they may eat from the grapes and from the wine. (Shulchan Aruch CM 337:9)

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