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GITIN 53

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SUMMARY

Someone who is Metamei, Medameh (mixes Terumah with Chulin) or Menasech the produce of his friend b'Mezid is Chayav.
 
It is forbidden to cause Chulin in Eretz Yisrael to become Tamei.
 
R. Yirmeyahu holds that someone who is Menasech is Chayav to pay at the time that he picks it up the wine and the Chiyuv Misah is only at the time of the Nisuch.
 
Chizkiyah says that Hezek She'Eino Nikar is Chayav Min ha'Torah however if one is Metamei, Medameh, or Menasech b'Shogeg he is Patur so that he will notify his friend about what occurred.
 
R. Yochanan says that Hezek She'Eino Nikar is Patur Min ha'Torah however if one is Metamei Medameh or Menasech b'Mezid he is Chayav so that it will be a deterrence.
 
If Kohanim cause a Korban to become Pigul b'Mezid they are Chayav to pay because of a Tikun ha'Olam.
 
If someone does Melachah with the water of the Parah Adumah or with the Parah Adumah itself he is Patur b'Dinei Adam and Chyav b'Dinei Shamayim. (1)
 
If the water of the Parah Adumah is used as a weight on a scale it is Kosher. (2)
 
If the water of the Parah Adumah is used to weigh something in it is Pasul.
 
If someone steals a coin and it becomes invalid or he steals Terumah and it becomes Tamei or he steals Chametz and Pesach passed he may return the object even though it no longer has any value.
 
R. Meir holds that someone who is Metamei, Medameh, or Menasech is Chayav even b'Shogeg and Rebbi Yehudah holds he is only Chayav if he does it b'Mezid.
 
R. Meir says that if someone cooks on Shabbos b'Shogeg he may eat it but not if he cooked it b'Mezid.
 
Rebbi Yehudah says that if someone cooks on Shabbos b'Shogeg he may eat it on Motza'ei Shabbos but if he cooked it b'Mezid only others may eat it.
 
R. Yochanan ha'Sandlar says that if someone cooks on Shabbos b'Shogeg others may eat it on Motza'ei Shabbos, but if he cooked it b'Mezid it may not be eaten at all.
 
R. Meir says that if someone plants on Shabbos b'Shogeg he may keep it but if he planted b'Mezid he must uproot it.
 
If someone plants on Shevi'is even if he does so b'Shogeg he must uproot it according to R. Meir.
 
Rebbi Yehudah says that if someone plants on Shabbos even if he does so b'Shogeg he must uproot it.
 
if someone plants on Shevi'is b'Shogeg he may keep it but if he planted b'Mezid he must uproot it according to Rebbi Yehudah.

A BIT MORE

1. If a Melachah is done with the water of the Parah Adumah or with the Parah Adumah itself it is disqualified.
 
2. However if in the process of using them as a weight he was Masi'ach Da'as (took his mind off guarding them from Tum'ah) it is Pasul.

BRIEF INSIGHT

YOVEL AND THE ASERES HA'SHEVATIM
 
R. Yochanan says that Hezek She'Eino Nikar is Patur Min ha'Torah however if one is Metamei Medameh or Menasech b'Mezid he is Chayav so that it will be a deterrence. The Tosofs Ri'd say although Hezek She'Eino Nikar is Chayav mid'Rabanan, Gerama is Patur even mid'Rabanan because he did not do an act at all. Although a Kohen that causes a Korban to be Pigul is Chayav if he did so b'Mezid even though he did not do an act that is because at the same time that his Dibur made it Pigul he was doing the act of Shecitah or Zerikah and therefore it is regarded as an act.

QUICK HALACHAH

CAUSING DAMAGES
 
If someone is Mazik his friend with a Hezek She'Eino Nikar since the damaged item was not changed and the form was not lost, he is Patur from paying Min ha'Torah. But the Rabanan stated that since he caused the item to depreciate he must pay. This is a Knas Chachamim in order that a person will not be Metamei the Taharos of his friend. If Kohanim cause a Korban to become Pigul b'Mezid they are Chayav to pay because of a Tikun ha'Olam. If someone does Melachah with the water of the Parah Adumah or with the Parah Adumah itself b'Mezid they are Chayav. (Rambam Hilchos Chovel 7:1, 3, 4)
 
It is a mistake to say that he is Chayav for doing Melachah with the Parah Adumah because he is only Chayav according to the opinion that opinion that Hesek She'Eino Nikar is Chayav. The reason he is Patur according to the opinion that Hesek She'Eino Nikar is Patur is because his intention is to benefit him not to damage him. (Ra'avad).

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