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BAVA KAMA 100

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SUMMARY

A person is obligated to engage in Gemilus Chasadim, visit the sick and bury the dead, judge Dinim and act above and beyond the law. (1)
 
A money changer who erroneously told someone that a coin was good is Chayav to pay according to R. Meir who holds that a person is Chayav for Dina d'Garmi.
 
If a judge was Mezakeh a Chayav, or Mechayev a Zakai, Mitamei a Tahor, or Metaher a Tamei he is obligated to pay for the loss that was incurred by his erroneous Psak. (2)
 
If someone hangs his grape vines over the grain of his friend it is forbidden as Kilayim and the owner of the vines must pay for the grain.
 
If a fence dividing a vineyard from another person field of grain fell down we tell the owner of the vineyard to put it back up if he gives up on putting it back up he is Chayav to pay of the grain which is forbidden as Kilayim.
 
If someone gives wool to a dyer and the dye ruins the wool he must pay for the wool.
 
If he dyes the wool with an inferior dye if the improvement to the wool is more than the expenses the owner only pays for the expenses, but if the expenses is more than the improvements he only pays for the improvement. (3)
 
If a person gave wool to a dyer and instructed him to dye it one color and he dyed it a different color he is Chayav to pay the value of the non-dyed wool according to R. Meir.
 
R. Yehudah says if the improvement to the wool is more than the expenses the owner only pays for the expenses but if the expenses are more than the improvements he only pays for the improvements. (4)

A BIT MORE

1. Although visiting the sick and burying the dead is Gemilus Chasadim, however he is Chayav to visit the sick even in a situation when there is no Chiyuv of Gemilus Chasadim such as he is the Ben Gilo (born in the same Mazal) as the sick person and when he visits him he tales 1/60th of the illness or he is a Zaken and it is not honorable for him to engage in burying the dead and even so he is Chayav.
 
2. According to the Rabanan who hold that a person is Patur for Dina d'Garmi it is referring to a case that the judge who was Mezakeh a person who is Chayav took the Mashkon from the lender and gave it back to the borrower and the judge who was Mechayev a person who is Zakai took the money from him and gave it to the plaintiff and the judge who was Mitamei something that is Tahor threw a Sheretz on it to strengthen his Psak and the judge who was Metaher something that is Tamei took the produce and mixed it with other produce that the person had which was Tahor
 
3. Since the dyer intentionally dyed the wool with an inferior dye he does not receive his wages for dying the wool and the most he receives in his expenses and even that he only receives if the improvements was worth at least as much as the expenses.
 
4. R. Yehudah holds that even though the dyer is Koneh the wool with a Shinuy he must give back the dyed wool so that he doesn't benefit from the dyed wool and he doesn't receive his wages for dying the wool and the most he receives are his expenses if the improvements was worth at least as much as the expenses.

BRIEF INSIGHT

A BORDER FENCE
 
If a fence dividing a vineyard from his friend's grain field fell down we tell the owner of the vineyard to put it back up. If he gives up on putting it back up he is Chayav to pay for the grain which is forbidden as Kilayim. Tosfos explains that the owner of the vineyard is the one who is obligated to put up the fence so that it won't be Kilayim, not the owner of the grain, because he is the one regarded as the Mazik. The reason he is the Mazik is because the Rabbinic obligation of distancing four Amos between a grain field and a vineyard is because a vineyard requires a border of four Amos in order to have open space to work on the vineyard. However, the owner of the vineyard is only Chayav if he was warned first and even after the second time it fell he is only Chayav if he was warned first. However, if it fell down a third time it is a Safek to the Ri if he is only Chayav is he was warned first.

QUICK HALACHAH

BAD COINS
 
If someone shows a Dinar to a moneychanger and he says that it is good coin and it turns out to be bad coin. If he took a fee for looking at the coin he is obligated to pay even if he is an absolute expert. But if he did not take a fee to look at the coin he is Patur if he is an absolute expert, but if he is not an expert he is obligated to pay even though he did not take a fee. However, he is only Chayav if the person told him that I am relying on you or it is obvious from the situation that he is relying on him. However, some say that he is Chayav no matter what but the firs opinion seems correct, (Shulchan Aruch CM 306:6)

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