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BAVA KAMA 97

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SUMMARY

If someone grabs the servant of his friend and uses it to do work for him if it is a time that the servant doesn't usually work for his master he is Patur. (1)
 
If someone lives in his friend's property without permission if the property was not for rent he is Patur from paying rent.
 
According to one opinion the reason why he is Patur is because he is benefiting the owner of the property by living there because he will fix anything in the house that needs repairs.
 
According to another opinion the reason why he is Patur is because he is benefiting the owner of the property because an abandoned house is liable to be taken over by Sheidim (demons)
 
Even though a person who lives in his friend's property without permission is Patur from paying rent but if he lent the owner money he must pay rent because of the appearance of Ribis.
 
If someone grabs the boat of his friend and uses it Rav says that the owner may choose to collect rent for his use of the boat or he ay collect the depreciation of the boat.
 
Shmuel says that he only pays for the depreciation of the boat but not for rent
 
R. Papa says that Rav and Shmuel are not arguing and if the boat was for rent they both agree he must pay the rent if it is more than the depreciation, but if it is not for rent or if his intent was to steal it, he is Patur from paying rent and he only pays the depreciation. (2)
 
If someone steals a coin and it cracks he is Koneh with a Shinuy and he must pay the value that it was worth at the time that it was stolen, however if it is no longer valid as legal tender it is not a Shinuy and he may return it as is. (3)
 
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R. Huna says that even if the coin was invalidated as legal tender in the entire kingdom it is not a Shinuy and the Gazlan is not Koneh and he must pay the value that it was worth when it was stolen.
 
R. Yehudah says that if the authorities in their state of residence invalidated the coin is not a Shinuy, but if it invalid in the entire kingdom the Gazlan is Koneh with a Shinuy.
 
If someone steals fruit and it rots, or wine and it turns into vinegar, the Gazlan is Koneh with a Shinuy and he must he must pay the value that it was worth when it was stolen.
 
If someone steals Terumah and it becomes Tamei it is not a Shinuy and the Gazlan is not Koneh and he may return it as it is.
 
If someone gives his friend merchandise and he stipulates that the buyer must pay for it with currency, Rav says he must pay with currency that is legal tender in the state that they live in at the time of the payment. (4)
 
Shmuel says he may pay with currency even if it not legal tender in the state that they live in at the time of the payment because he can say go spend it in a place where it is legal tender.
 
R. Nachman says that even according to Shmuel he may only pay back with money that is not legal tender if his creditor is planning to travel to a place where it is legal currency
 
If the kingdoms are at peace with each other even if he is not traveling to the place where it is legal tender he may back with money that is not legal tender in this place that they live.
 
Ma'aser Sheni may not be redeemed on money that is not legal tender at all but if it legal tender in other states even if it is not accepted in Yerushalayim it may be used for redemption. (5)
 
Ma'aser Sheni may not be redeemed on money of Yerushalayim if the person is in Bavel or in money of Bavel if the person is in Yerushalayim. (6)
 
On the coin of Yerushalayim it was written Dovid and Shlomo on one side and the holy city of Yerushalayim on the other side.
 
On the coin of Avraham Avinu was written Zaken and Zekeinah (Avraham and Sarah) one side and Bachur and Besulah (Yitzchak and Rivka) on the other side.
 
If someone lends merchandise to his friend on condition that he him back with currency even if the coins were enlarged in the interim he must pay back with the larger coins. (7)

A BIT MORE

1. Even though he benefited from the property of his friend he is Patur since it did not cost his friend anything and his friend is happy that the servant is being used so that it doesn't get in the habit of being idle. However, this is only according to the opinion that a servant is the like Karka, but according to the opinion that a servant is like Metaltelin the person who grabs the servant is Patur even if he grabbed at a time that it would have doe work for it master because he is a Gazlan and a Gazlan only pays if the value depreciated but he doesn't have to pay rent
 
2. If the boat is not for rent or the person who took it wanted to steal it and he did not intend to pay for the rent he has the Din of a Gazlan and a Gazlan doesn't have to pay for the use of the stolen item and therefore he only has to pay the amount that the boat went down in value.
 
3, When a coin is no longer valid as legal currency it is regarded as an indiscernible Hezek and therefore it is not a Shinuy and the Gazlan is not Koneh and he may return the object as it is.
 
4. However, if someone lends his friend money and he doesn't stipulate that he must pay back with currency he is not obligated to pay back with money that is legal tender at the time that he pays back as long as it is legal tender in other places.
 
5. Even though R. Nachman said that even according to Shmuel money that is not legal tender in the state that they live in if the creditor doesn't place on traveling to the pace where it is legal tender it may not be used and Ma'aser Sheni may only be eaten in Yerushalayim, however in this case the Kingdoms are at peace with each other and therefore even though he is not traveling to a place where it is legal tender the money may be used. be redeem the Ma'aser Sheni.
 
6. Money of Yerushalayim may not be used to redeem Ma'aser Sheni in Bavel because the money that is used for redemption must be legal tender in the place where it is redeemed even though the money will eventually be brought to Yerushalayim, however this is referring to a case when the Kingdom in Yerushalayim is an adversary of the kingdom of Bavel and they do not allow money of Bavel to be taken to Yerushalayim and they search travelers to ensure that they do not smuggle the money over the border.
 
7. However if the coins now have increased buying power he may subtract from the coins when he pays back

BRIEF INSIGHT

GRABBING A SERVANT
 
R. Yosef Bar Chama grabbed the servants of his debtor and did work with them because a person who grabs the servant of his friend at time that he is not working for the owner is Patur from paying. The Pnei Yehoshua asks that although a person is Patur if he grabs his friend's servant or lives in his friend's property that is not for rent, however if l'Chatchilah it is forbidden to do so. Consequently even if the servant of a person was not his debtor it should be forbidden to grab his servant. The Pnei Yehoshua answers that since the owner is pleased that his servant is working and is not getting in the habit if being idle it is permitted even l'Chatchilah to grab the servant.

QUICK HALACHAH

IDLE SERVANTS
 
If someone grabs the servant of his friend and does work with him if he did not take him away from any other work he is Patur because the owner is pleased that that his servant is not learning to be idle. If he took the servant away from other work he must pay the owner like he would pay for a worker. (Shulchan Aruch CM 363:4)

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