BAVA METZIA 112 (18 Teves) - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.
PAST DEDICATION
BAVA METZIA 112 (25 Av) - Dedicated by Dr. Eli Turkel of Raanana, l'Iluy Nishmas his mother, Golda bas Chaim Yitzchak Ozer (Mrs. Gisela Turkel) whose passed away on 25 Av 5760. Mrs. Turkel accepted Hashem's Gezeiros with love; may she be a Melitzas Yosher for her offspring and for all of Klal Yisrael.

[112a - 40 lines; 112b - 26 lines]

1)[line 2]KEVESH- ramp or platform

2)[line 8]" ; . ' ; ""AL TIGZOL DAL KI DAL HU, V'AL TEDAKEI ANI VA'SHA'AR. KI HASH-M YARIV RIVAM; V'KAVA ES KOVEIHEM NAFESH"- "Rob not the poor, although he is poor; nor oppress the afflicted in the gate. For HaSh-m will plead their cause, and rob the life of those who rob them." (Mishlei 22:22-23) - This follows the opinion that the word "Nefesh" refers to the Gazlan. According to the opinion that it refers to the Nigzal, the end of the verse is rendered as, "...and rob those who rob them (the Nigzalim) of their lives."

3)[line 11]" ; ""KEN ORCHOS KOL BOTZE'A BATZA; ES NEFESH BE'ALAV YIKACH"- "So are the ways of everyone who is greedy of gain; it takes away the life of its owner." (Mishlei 1:19) - The Amora'im likewise argue as to the translation of the word "Be'alav." It can refer to the Nigzal - "... it (stealing) takes away the life of the owner [of the stolen item]," or to the Gazlan - "... it (stealing) takes away the life of the [current] owner [of the stolen item, i.e. the Gazlan]." Alternatively, the end of the verse can be translated for the second opinion as "He (HaSh-m) takes away the life of the [current] owner." (See Vilna Ga'on to Mishlei ibid.)

4)[line 13] BE'ALAV D'HASHTA- the current owner of the item, i.e. the Gazlan

5)[line 23] EINO CHOZER- he may not return [to the employer to demand payment of his wages, if the store owner does not give it to him]

6)[line 28]KABLANUS- on a contract basis, where the worker is hired to perform a specific task (such as to fix a utensil, as in the case of our Gemara)

7)[line 29] UMAN KONEH B'SHEVACH KELI

(a)The Amora'im discuss (Bava Kama 99a) whether or not a craftsman - who, through his labor, improves (or otherwise increases the value of) an item that was given to him - acquires the item for himself through the improvement that he makes in it (in a way similar to that of a Ganav who acquires the item that he stole by making a Shinuy, a change in the item; see Background to Bava Kama 65:16). The opinion that maintains that the craftsman acquires the item through improving it holds that the craftsman has only an obligation to return the original monetary value ("Chiyuv Damim") of the item to the owner, and the item itself that was improved is considered to be the property of the craftsman. Therefore, when he finishes working on the item and he gives it back to the owner in return for payment for his labor, he is not merely giving back the item to its rightful owner, rather it is considered as though he is selling the item anew to the owner, in exchange for the money that the owner gives him.

(b)There are a number of Halachic implications of this opinion (that the craftsman acquires the item by improving it).

1.If the item becomes ruined after the craftsman made some improvement to it, the craftsman would not have to pay the entire value of the improved item to the owner. It suffices to pay the value of the item at the time that it was given to the craftsman. Since the item became the craftsman's immediately when he made some improvement to it, it is considered his item that was ruined and not the item of the original owner.

2.The owner would not transgress the prohibition of "Lo Salin" (see Background to Bava Kama 99:6) by holding back the craftsman's wages, since the money is not considered wages but rather it is considered money paid to purchase the item anew. (According to this, the only time one will transgress the prohibition of "Lo Salin" is when one hires a worker to work for him by the hour, day, etc., and not based on the labor that is done for him.)

3.According to this opinion, when a woman gives an item to a craftsman to improve, the craftsman is able to be Mekadesh the woman by giving back the item to her and forgoing his payment. This is because the item is considered to be his, and he is given the woman his own item. According to the opinion that argues and maintains that a craftsman does not acquire the item by improving it, the craftsman cannot be Mekadesh the woman in this way, since the item already belongs to the woman, and the money that she owes him which he forgoes is considered nothing more than a debt that she owes him, and one cannot be Mekadesh a woman by forgoing a debt. (However, according to the opinion that holds "Einah li'Sechirus Ela leva'Sof" (see Background to Bava Kama 99:17), if the craftsman does not acquire the item by improving it, the woman is Mekudeshes. Similar, she is Mekudeshes according to the opinion that holds that one can be Mekadesh a woman by forgoing a loan; see Background to Kidushin 46:10.)

8)[line 30] V'HALVA'AH HI- and it is a loan. That is, the money which the owner of the object owes to the craftsman as payment for the object (since the craftsman is considered to have acquired the object for himself through the improvement that he made to it; see previous entry) is considered a loan from the craftsman to the owner.

9)[line 39] GARDA D'SARBELA- (O.F. flochier) a teaseled white cloak. This refers to rubbing the garment with thistles in order to raise the fibers, giving it a softer feel.

10)[line 39]LI'RECHUCHEI- to soften it

11)[last line] () D'KA AGREI (MINEI) LI'VETUSHEI- (O.F. foledures) he hired him to press it

12)[last line] BITESHA BITESHA BI'ME'ASA- for each pressing, he pays a Me'ah (and thus the craftsman is working not through "Kablanus" but through "Sechirus," as a hired worker)

112b----------------------------------------112b

13a)[line 3] HALACHOS GEDOLOS- great laws (referring to Halachos l'Moshe mi'Sinai)

b)[line 4] TAKANOS GEDOLOS- great enactments (referring to rabbinical enactments)

c)[line 7] TAKANOS KEVU'OS- established enactments (that have the power to suspend the Torah law with regard to which of the litigants must swear)

14)[line 13]D'LISGERU- in order for workers to want to hire themselves out

15)[line 14]V'YIFKA- and lose [his wage]

16)[line 16] TARUD B'FO'ALIM HU- he is pre-occupied with dealing with all of his employees

17)[line 18] KEDEI L'HAFIS DA'ATO SHEL BA'AL HA'BAYIS- in order to appease the worries of the employer

18)[line 20]HAKAFAH- credit [i.e. the wages will not be given until the end of the day]

19)[line 20]KATZATZ- agreed upon a set price

20)[line 22] HA'MOTZI MECHAVEIRO ALAV HA'RE'AYAH

The general rule in monetary claims is that the burden of proof rests with the one who wishes to extract payment or other items of value from the other person. Hence, when there is a doubt, all money remains with the one who has possession.

21)[line 23] MIDKAR DECHIREI LEI INSHEI- people certainly remember it

22)[last line] MEKAMEI D'LIMTEYEI ZEMAN CHIYUVEI- before the time comes at which the payment [of the wages] is due

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