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BAVA KAMA 116

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SUMMARY

If wine of Terumah becpmes Tamei Beis Shamai says it must be spilled out while Beis Hillel holds he may do Ziluf (sprinkle around the house for a good smell) with it. (1)
 
R. Yishmael Bar Yosi says that he will be Machri'a (find middle ground), if it is in the house it may be used for Ziluf but if it is the field it shall be spilled out, or if it is old it may be used but not if it is new.
 
The Chachamim responded to R. Yishmael Bar Yosi that his Hachra'ah is a third opinion and it is not a valid Hachra'ah. (2)
 
If someone is running away from jail and he needs a ferry to get away and the ferry driver demands a Dinar (an inflated amount) he only receives his regular wages. (3)
 
If the ferry driver is a fisherman and he stands to lose a Zuz in lost wages during the time that he takes him across the river the escapee must pay him a Dinar
 
If a river flooded two donkeys and one was worth 100 and the other is worth 200 and the owner of the less valuable donkey declined a chance to save his donkey in order to save the more valuable donkey he only receives his wages for his effort.
 
However, if he makes a condition that he will save the more valuable donkey in return for the value of his own donkey he must be paid for his donkey.
 
If he makes the condition and saves his friend's more valuable donkey and his donkey was saved on its own Heaven was merciful on him and his friend must pay him for his donkey anyway.
 
If a lion is following a caravan and is guarding their animals and they are taking turns throwing an animal to the lion for food and one day when one of them throws his animal he lion doesn't eat the animal he is Zocheh in his animal. (4)
 
If he makes a condition and he attempts to save his friend's more valuable donkey but fails to save it he only receives his wages for his effort.
 
If a person is hired to bring vegetables for an ill person and when he gets there he finds that he died or recovered from his illness he receives the full wages that were promised him. (5)
 
If a caravan is traveling in the desert and a bandits threaten them and they pay them off the share that each person pays is in accordance with their means.
 
If the caravan hires a guide they pay partially per person and partially in accordance with their means. (6)
 
If the members of the caravan make a condition that whoever loses their donkey will be given a new donkey it is a valid condition.
 
If someone loses his donkey out of negligence he does not receive another donkey in its place.
 
If one member loses his donkey he may not keep the money instead of buying a donkey even if he has another donkey besides the one he lost. (7)
 
If a boat is in stormy water and they are forced to throw weight overboard each person throws overboard in accordance with the weight of his belongings.
 
If people are traveling together on boats and they make a condition that whoever loses their boat will be given a new boat it is a valid condition.
 
If someone loses his boat out of negligence he does not receive another boat in its place. (8)
 
If a caravan is attacked by bandits and one person saves the belongings if the others also could have saved their belongings everyone takes what belongs to them.
 
If the others could not have saved their belongings the person who saves it may keep it for himself.
 
Rami Bar Chama says if a person saves belongings which he owns in partnership with another person on the caravan he may not take it for himself even if his partner could not have saved it. (9)
 
However, if the person says that I want to dissolve the partnership and what I am saving is for my portion of the partnership he has that right even though his partner could have saved it himself. (10)
 
Rava says if one person works for another person on the caravan the belongings that he saves must be given the employer even though he could not have saved it himself. (11)
 
If he says that I am saving it for myself he may keep the belongings that he saved if the others could not have saved it. (12)
 
Rav says a worker may back out of the work that he agreed to do even in the middle of the day because a person is only a servant to Hashem but not to his fellow Jew.
 
R. Ashi says if the belongings could be saved only with difficulty if one peons saves it the belongings are given to their rightful owners
 
If he says that he is saving it for himself he may keep the belongings for himself. (13)
 
If a Gazlan steals land and bandits take the land from him if the bandits took other people's land as well the Gazlan is Patur, but if they only took this land he is Chayav.
 
If someone points out his friend's land to a Gazlan so that the Gazlan shall steal it he is Chayav to pay.

A BIT MORE

1. Beis Shamai prohibits doing Ziluf with it because of the concern that if he keeps it around to do Ziluf with it he may forget that it is Tamei and he will drink it.
 
2. Since Beis Shamai and Beis Hillel did not hint to any difference between the house or the field or between new and old wine the decision of R. Yishmael to differentiate between them is simply a third opinion and not a Hachra'ah.
 
3. The escapee can tell the ferry driver that he was not serious when he agreed to pay the inflated price and he only agrees to pay because of his desperation to get away.
 
4. Since he threw his animal to the lion and the lion didn't eat it he takes back his animal and he doesn't have to throw another animal to the lion until it gets around to his turn again.
 
5. Since he carried out his Shelichus properly and brought the vegetables to the ill person even though it wasn't needed he must be paid the full amount promised him.
 
6. They must pay partially per person because their lives are in danger if they get lost and it is not only their money that they stand to lose.
 
7. Even though he claims that since he has another donkey he will contribute towards guarding the donkeys even if he doesn't receive another donkey they can insist that he will guard more vigilantly if he has two donkeys, not just one.
 
8. If it is Nisan when the water is very deep from the rainy season and one of the people took his boat too far out to sea where the water is too deep and he lost his boat his boat is not replaced even though if it was Tishrei when the water is very shallow it is not dangerous to go where he went it is still considered negligence.
 
9. Even though his partner could not have saved it however we assume he was saving it for both of them because it is usual for a person to put his life on the line for his partner.
 
10. Even though normally a partner who wants to dissolve a partnership may not take his portion without the knowledge of his partner however in this case where he is saving the money from bandits he has the right to take his portion.
 
11. The employee is regarded as the Yad of his employer and therefore the belongings that he saves belongs to his employer.
 
12. When he says that he is saving it for himself he is backing out of his work for his employer and he is no longer an employee.
 
13. Since the others did not attempt to save their belongings they must have been Meya'esh and the person who saved it may keep it, but if it is not difficult to save the belongings even if he says I am saving it for myself and no one attempts to save it he may not keep the belongings since it is not difficult to save it unless they specifically say they are Meya'esh we don't assume that they are Meya'esh.

BRIEF INSIGHT

ESCAPING JAIL
 
If someone is running away from jail and he needs a ferry to get away and the ferry driver demands a Dinar (an inflated amount) he only receives his regular wages. If the ferry driver is a fisherman
 
and he stands to lose a Zuz in lost wages during the time that he takes him across the river the escapee must pay him a Dinar. The Rosh says if the ferry driver does not make any conditions and doesn't insist that the passenger pays for his losses he only receives the usual wages that a ferry driver receives. However, if he does make a condition that he wants a Dinar, even though the amount of loss that he will suffer is a small sum the passenger must pay him the entire sum that he stipulated, since he stands to lose, although it is a small loss the passenger must pay the entire sum that was stipulated.

QUICK HALACHAH

FLOODED DONKEYS
 
If someone forgoes his own Aveidah and he instead returns his friend's Aveidah he is only paid for his wages. What is a case? If a river flooded two donkeys and one was worth 100 and the other is worth 200 and the owner of the less valuable donkey declined a chance to save his donkey in order to save the more valuable donkey he only receives his wages for his effort. However, if he tells the other owner that I will save your donkey and you will pay me the value of my donkey, or he makes that condition in front of Beis Din he must be paid for his donkey. Even if his donkey was saved by itself he is Zocheh in the terms of the condition, however his donkey is Hefker and anyone may be Zocheh in it. If the owner is not present even though he didn't make a condition it is as if he made a condition. If he made a condition and tried to save his friend's donkey but failed he only receives his wages, however if he did not make a condition with the owner and failed to save his friend's donkey he doesn't receive anything because he was not successful in saving his friend's donkey. (Shulchan Aruch CM 264:3, 4)

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