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BAVA KAMA 119

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SUMMARY

It is forbidden to buy wood or fruit from people who guard fruit; however it is permitted to buy produce from a sharecropper because we assume he is selling his own portion in the produce.
 
It is permitted to buy fruit from a person who guards fruit if he is selling it publicly, but if they instruct you to hide the fruit it is forbidden.
 
It is permitted to buy fruit from a person who guards fruit if he is selling it at the entrance of the garden, but not if he is selling it behind the garden.
 
Rav says it is permitted to purchase items from a Gazlan if the majority of his possessions are not stolen property, while Shmuel holds it is permitted even if only a minority of his possessions is not stolen property.
 
It is a Machlokes between R. Huna and R. Yehudah whether it is permitted to destroy the possessions of a Moser. (1)
 
R. Yochanan says when someone steals the value of a Perutah from his friend it is tantamount to taking his Neshamah and the Neshamos of his children. (2)
 
It is permitted to buy woolen garments from women in Yehudah and linen garments from women in Galil but one may not buy wine oil and flour from women, servants, or children. (3)
 
A charity collector may take small donations from women but not large donations.
 
It is permitted to buy large amounts of olives or olive oil from the wives of oil merchants but it is forbidden to buy small amounts.
 
The shreds of wool that detached from a garment when it is laundered belong to the laundryman, but the shreds of wool that detach from the garment when it is being combed belong to the customer. (3)
 
A laundryman may keep the three threads at the edge of a wool garment but if there are more than three threads it belongs to the customer. (4)
 
If a tailor received material from a customer and he has enough leftover thread to sew with, or he has leftover material the size of three Tefachim by three Tefachim it belongs to the customer.
 
If a carpenter received wood from a customer the leftover wood chips belong to him, however the wood that is leftover after cutting the wood with a hatchet belongs to the customer.
 
If the carpenter is working in the house of the customer even the shavings belong to the customer.
 
It is forbidden to buy shreds of wool from a wool comber because it is forbidden for him to keep them but in a place where the custom is that the comber keeps the shreds it is permitted to buy it from them.
 
It is always permitted to buy a pillow or mattress stuffed with wool because even if he stole the wool he was Koneh it with a Shinuy.

A BIT MORE

1. One opinion holds that since it is permitted to kill him it is certainly permitted to destroy his money, while the other opinion holds we may not destroy his money because of his children will be a Tzadik and he will inherit the money.
 
2. Even if he pays for the object that he took by force and even if he only took money from the person by way of Gerama it is as if he took his Neshamah
 
3. It is the custom for women to make woolen garments in Yehudah it and linen garments in Galil and they usually receive permission from their husbands, however it is not usual for women to receive permission from their husbands to sell wine oil and flour and therefore we are concerned for the possibility that they stole it from their husbands.
 
3. When a woolen garment is combed large shreds of wool detach from the garment and the owner is Makpid on these pieces of wool therefore it may not be kept by the comber.
 
4. The makers of wool garments weave three threads of a different type of material at the edge of the garment and the laundryman removes these threads and evens out the garment and he may keep the threads if there are no more than three threads, however if the threads are black and the garments is white he may keep the threads even if there are more than three threads.

BRIEF INSIGHT

DOVID HA'MELECH AND AVIGAYIL
 
A charity collector may take small donations from women but not large donations. Why was it permitted for Dovid ha'Melech to take large amounts of provisions from Avigayil? The Noda b'Yehudah answers that maybe the provision were owed to Dovid ha'Melech as wages for guarding the flocks of Naval, Or maybe the provisions belonged to Avigayil because they were given to her on condition that her husband has no part in it. Another possible answer is that the provisions were regarded as a small amount because of the great wealth of Naval. (Maharitz Chiyus)

QUICK HALACHAH

CHARITY FROM A WOMAN
 
A charity collector may only take small donations from women, servants and children, but not large donations because it is b'Chezkas that it was stolen from others. How much is considered a small amount? It depends on the wealth of the husband or the master. However, if the husband protests one may not even take a small donation from the wife. If a woman hires a teacher for her son if the husband is aware of it and is silent it is certain that he is pleased with what she did, but if he protests immediately her act is void. Even if she is in charge of the finances in the house the husband has a right to protest. (Shulchan Aruch YD 248:4, 5)


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