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BAVA KAMA 113

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PAST DEDICATION
BAVA KAMA 113 (26 Nisan) - dedicated by Mr. Avi Berger of Queens, N.Y./Passaic, N.J. in memory of his mother, Leah bas Michel Mordechai, in honor of her Yahrzeit.

SUMMARY

We only rely on a woman or on the neighbors to summon someone to Beis Din if the person being summoned is not in town but he is returning that day and he is not passing the Beis Din on the way home. (1)
 
If a person is excommunicated for not showing up to Beis Din the Shtar Shamta (document of excommunication) is not torn up until he arrives in Beis Din and a promise to show up is not sufficient.
 
If a person is excommunicated for not heeding the decision of Beis Din the Shtar Shamta is torn up when he promises to heed the decision. (1)
 
A man is given three chances on Monday, Thursday and Monday to come to Beis Din after he is summoned and if he doesn't show up by the second Monday he is excommunicated on Tuesday. (2)
 
Beis Din doesn't summon a person during Nisan and Tishrei because it is the time for the harvest and not on Erev Shabbos and Yom Tov.
 
If a person steals and his sons inherit the stolen object they are Patur from paying unless it is a prominent item such as an animal that works in the field or a table or chair that they must return so that their father will not be disgraced. (3)
 
It is forbidden to change money or take Tzedakah from the box of toll collectors or the purse of tax collectors because their money is regarded as stolen money. (4)
 
However if a person owes a half Dinar to a tax or toll collector he may give them a Dinar and take the change from them so that he will not have to pay extra.
 
Shmuel says Dina d'Malchusa Dina.
 
It is forbidden to wear a garment of Shatnez even on top of ten articles of clothing in order to avoid paying customs according to the Tana Kama, while R. Akiva argues. (5)
 
It is permitted to make a Neder to murderers, bandits, or toll collectors that the produce in one's possession is Terumah or it belongs to the king.
 
If a Yisrael goes to Din with a non-Jew the Yisrael may use deception to win the case according to R. Yishmael, while R. Akiva holds it is forbidden to use deception because of Kidush Hashem.
 
If a Jewish person sells himself as a servant to a non-Jew Beis Din shall not use force to get him out and they shall pay the non-Jew his exact value when they redeem him.
 
It is forbidden to steal from a non-Jew; however it is permitted to avoid paying back a debt if it doesn't cause a Chilul Hashem.
 
Rava says a person who buys a Jewish servant acquires the Guf (body) of the servant.
 
A person who finds the lost object of a non-Jew is not obligated to return it if it will not cause a Chilul Hashem.
 
If a non-Jew makes a mistake when making a transaction with a Yisrael it is permitted to keep the extra money.
 
If four people are partners in a field if one of them pays the tax for the others they are obligated to pay him back.
 
It is permissible for a Jewish tax collector to force one person to pay the tax for another because Dina d'Malchusa Dina. (6)
 
It is forbidden to buy an animal from a non-Jew who fertilizes fields inside the Techum because of the possibility that animals of a Yisrael are mixed in with his animals. (7)

A BIT MORE

1. When a person promises to heed the decision even if he doesn't heed it immediately we rip up the Shtar Shamta because maybe he doesn't yet have the money to pay his Ba'al Din, however if a person promises to come to Beis Din we don't rip up the Shtar Shamta until he comes because there is no excuse for not showing up to Beis Din on time.
 
2. A woman however who is usually at home must arrive in Beis Din immediately on the day she is summonsed and otherwise she is excommunicated.
 
3. When a prominent item is stolen it is a disgrace for the father because people will be reminded that their father is a Ganav when they see the stolen item.
 
4. However, it is permitted to change money or take Tzedakah from them if they take the money from their house or from the market since it doesn't come from their box or purse.
 
5. The Tana Kama holds that an unintentional benefit from Shatnez is forbidden, while R. Akiva holds it is permitted.
 
6. However, he may only collect from him the tax of the present year but regarding the previous year since he has already paid off the king it no longer is Dina d'Malchusa and rather it is considered his own private debt and therefore he no longer has the authority to collect the tax of one person from another person.
 
7. However it is permitted to buy animals from them outside the Techum unless the Jewish owners of animals were running after him because he stole their animals.

BRIEF INSIGHT

WORDS OF THE HEART
 
It is permitted to make a Neder to murderers, bandits, or toll collectors that the produce in one's possession is Terumah or it belongs to the king. The Gemara in Nedarim explains that the person shall make a Neder that if the produce is not Terumah all of the fruit of the world shall be forbidden to him and under his breath he shall say 'for today'. Even though his words 'for today' are words of the heart and are not regarded as words, however since he was compelled to make a Neder it is an Ones and it is permitted to rely on the words of his heart. Tosfos explains he also can say under his breath 'one hour' or 'one second', or he could make up a condition under his breath that will void the Neder.

QUICK HALACHAH

PROMISES
 
If a Shtar Shamta is written because someone did not show up in Beis Din even if he promises to show up the Shtar Shamta is not ripped up until he arrives in Beis Din . However, if the Shtar Shamta was written because the person was refusing to heed a decision of Beis Din as soon as he says that he is accepting upon himself to carry out the decision of Beis Din the Shtar is ripped up and the person must pay the cost of the scribe. (Shulchan Aruch CM 11:3)

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