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BAVA KAMA 102

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SUMMARY

If a person gathers wood on Shevi'is for the purpose of using it for a torch it is a Machlokes if it has Kedushas Shevi'is. (1)
 
The Tana Kama holds that wine of Shevi'is may not be used to soak flax or launder clothing, while R. Yosi argues. (2)
 
R. Yosi agrees with the Tana Kama that produce of Shevi'is may not be used for medicinal purposes or to sprinkle it for a good smell because produce is not commonly used for these purpose
 
R. Yehoshua Ben Korchah says that it is not permitted to collect a loan from a non-Jew before their religious holidays if he has a Shtar on the loan, however if he has no Shtar it is permitted because he may not be possible to collect the loan a different time. (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)
 
There is no order to the Mishnah from one Masechta to another and therefore the Klal that a Machlokes followed by a Stam the Halachah follows the Stam doesn't apply if the Machlokes is in one Masechta and the Stam is in another.
 
R. Yosef holds that the entire Nezikin is one Masechta and therefore is there is a Machlokes in Bava Kama and a Stam in Bava Metzia the Halachah follows the Stam.
 
If someone gives money to his friend to buy and sell wheat on condition that they split the profits and he instead buys barley with the money if he loses money the Shali'ach must pay for the entire loss.
 
If he profits from the barley one Beraisa states that the Shali'ach keeps the entire profit and another Beraisa states that the profit is split between them.
 
R. Yochanan says that the first Beraisa is in accordance with R. Meir who holds that he is Koneh with a Shinuy and since he is Koneh the profit belongs to him while the second Beraisa is in accordance with R. Yehudah who holds that he is not Koneh with a Shinuy
 
R. Elazar says both Beraisos are in accordance with R. Meir who holds that he is Koneh with a Shinuy, however the second Beraisa holds that even though he bought barley instead of wheat it is not regarded as a Shinuy because any profitable merchandise that he buys is acceptable.
 
If someone is Makdish his property or is Ma'arich himself the treasurer of Hekdesh may not take the clothing or of his wife or children, or clothing that he dyed for his wife, or new shoes that he bought for his wife. (5)
 
If someone is Makdish his property he may keep his Tefilin however he must borrow money in order to give Hekdesh the money for the value of his Tefilin
 
If someone is Chayav for his Erchin to Hekdesh Beis Din may take a Mashkon from him in order to force him to pay.

A BIT MORE

1. Since wood is generally used for fuel and not as a torch and wood gathered for fuel doesn't have Kedushas Shevi'is since the benefit from it is only after it is consumed according to one opinion even if it is gathered to be used as a torch it doesn't have Kedushas Shevi'is even though if it is used as a torch the benefit from it comes at the same time it is being consumed, while another opinion holds that if the wood is gathered to be used as torch it does have Kedushas Shevi'is.
 
2. Produce that is used for a benefit that is accrued after it is consumed doesn't have Kedushas Shevi'is. R. Yosi holds that since soaking flax or washing clothing is a benefit that is accrued only after the wine is consumed the wine doesn't have Kedushas Shevi'is, however the Tana Kama holds that since grapes are usually used for making wine for drinking even if the grapes were picked with the intent to use the wine for soaking flax or washing clothing it has Kedushas Shevi'is. Consequently, wine may never be used for soaking flax or washing clothing because produce of Shevi'is may not be used for something which the benefit is accrued after the produce has been consumed.
 
3. It is forbidden to collect a loan from the non-Jew before his religious holiday because of the concern that he will give praise to his Avodah Zarah that he has repaid his loan, however if the Yisrael doesn't have a Shtar on the loan since there is a concern that he be unable to collect the loan in the future it is permitted to collect the loan according to R. Yehoshua Ben Korchah, however the Rabanan hold that even if he doesn't have a Shtar it is prohibited.
 
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 it and he doesn't receive his wages for dying the wool; he receives his expenses if the improvements were worth at least as much as the expenses.
 
5. When someone is Makdish his property it is as if he was Makneh the clothing to his wife prior to being Makdish.

BRIEF INSIGHT

KINYAN SHINUY
 
R. Yochanan says that according to R. Meir who holds that a Shinuy is Koneh if money is given to a Shali'ach to buy wheat and he buys barley the profit belongs to him. The Pnei Yehoshua asks that there is no Shinuy Ma'aseh in this case he simply bought the wrong product. The Pnei Yehoshua answers that the Shinuy that R. Yochanan is referring to is not a Shinuy Ma'aseh but rather it is a Shinuy from the Da'as of his partner. R. Meir holds that a Shinuy from the Da'as of his partner is regarded as a Shinuy because in the case when someone gives wool to a dyer and he dyes it the wrong color it is also a Shinuy from the Da'as of the owner of and R. Meir holds he is Koneh. Even though in that case there is an actual Shinuy Ma'aseh to the wool, however he is not Koneh with that Shinuy because he had no intent to be Koneh with a Shinuy Ma'aseh, instead he is Koneh with a Shinuy from the Da'as of the owner.

QUICK HALACHAH

KEDUSHAS SHEVI'IS
 
Products that are used for laundering such as Boris and Ohel attain Kedushas Shevi'is and one may use them for laundering, however it forbidden to use fruit o Shevi'is for laundering or medicinal purposes. (Rambam Hilchos Shemitah 5:10)
 
Even though it is forbidden to use fruit of Shevi'is for laundering because the consumption of the fruit is before the benefit is accrued however Boris and Ohel is not edible and therefore it may be used for laundering. (Kesef Mishnah).

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