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BAVA KAMA 99

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BAVA KAMA 99 (4 Elul) - Dedicated l'Iluy Nishmas Chaim Yisachar (ben Yaakov) Smulewitz of Cleveland on his Yahrzeit, by his daughter and son in law, Jeri & Eli Turkel of Raanana, Israel.

SUMMARY

If someone gives wool to a dyer and the dye ruined the wool he must pay for the wool.
 
R. Asi holds a craftsman is Koneh when he improves an object, however if all of the materials are provided by the Ba'al ha' Bayis the craftsman is not Koneh.
 
If someone gives a Talis to a craftsman to fix and the craftsman notifies the owner that it is ready even if the owner delayed picking it up for 10 days it is not a transgression of Bal Talin. (1)
 
Once he picks up the Talis from the craftsman even if he picked it up in midday he must pay him by sunset and otherwise it is a transgression of Bal Talin
 
R. Sheshes says that a person who delays paying a Kablan (a worker who is paid by the job) transgresses the prohibition of Bal Talin. (2)
 
If a woman gives a man gold and she tell him to make jewelry from it and I will be Niskadshah to you according to R. Meir she is Mekudeshes when he gives her the finished jewelry.
 
The Chachamim hold that she is not Mekudeshes unless he gives her money for Kidushin other than the jewelry. (3)
 
If a a woman owed a man money for work tat he had done for her previously and he says that he is Mekadesh her with the wages that she owes him it is not a Kidushin because a Kidushin with a loan is not valid.
 
If he had not yet returned the object and he says he is Mekadesh her with the wages that she will owe him it is a valid Kidushin according to the Tana Kama, while R. Nasan argues. (4)
 
Rebbe holds if he says he is Mekadesh her with the wages that she will owe him it is a valid Kidushin if he put his own precious stone in the jewelry. (5)
 
Shmuel says that a professional butcher who does not Shecht an animal properly and renders it non-Kosher must pay for the animal even if he was not being paid for his work according to R. Meir. (6)
 
The Chachamim hold that a professional butcher is Patur if he was Shechting the animal for free but a non-professional is Chayav even if he was Shechting for free
 
If the owner of an animal ties the animal with a rope and it escapes and causes damage the owner is Chayav whether the animal is a Ta'am or a Mu'ad according to R. Meir. (7)
 
If a dyer was given wool to dye and he was instructed it to dye it one color and he dyed it a different color he pays the value of the wool to the owner according top R. Meir
 
If a person slipped causing his jug or camel to fall in the Reshus ha'Rabim and he failed to pick it up R. Meir holds that he is Chayav for any damage that it causes because slipping is regarded as negligence for.
 
The Chachamim hold he is Patur b'Dinei Adam and Chayav b'Dinwi Shmamayim because they hold that slipping is not considered negligence. (8)
 
A judge may not tell one of the litigants that in my judgment you are Patur and the other judges were Mechayev you but what can I do they were the majority
 
If someone shows a coin to a money changer and he is told that it is a good coin and it turned out to be a bad coin if the money changer is an absolute expert he is Patur but if not he is Chayav. (9)

A BIT MORE

1. A person is obligated to pay his workers on the day of the work and otherwise it is a transgression of Bal Talin, however the obligation to pay the worker is only once he picks up the item from him.
 
2. According to R. Asi who holds that a craftsman is Koneh when he improves an object a person who delays paying a Kablan only transgresses Bal Talin if the doesn't object was not improved for example if he hired a worker to deliver a letter.
 
3. According to the first Lashon the Machlokes between R. Meir and the Chachamim is that R. Meir holds that a craftsman is Koneh when he improves an object and since he is Koneh he may be Mekadesh the woman with the jewelry, while the Chachamim hold that a craftsman is not Koneh when he improves an object and therefore he may not be Koneh her with the jewelry; according to the second Lashon everyone agrees that a worker is not Koneh the utensil but R. Meir holds that the Chiyuv to pay a worker is only at the end and therefore he may be Mekadesh her with the money she owes him for his work and since the Chiyuv to pay is only when he gives he the jewelry it is not considered a loan, while the Chachamim hold that the obligation to pay a worker is upon the completion of every Perutah of work and therefore it is considered that he is being Mekadesh her with a loan. According to the third Lashon everyone agrees that the Chiyuv to pay a worker is upon the completion of every Perutah of work however R. Meir holds that a person may be Mekadesh a woman with a loan, while the Chachamim argue.
 
4. The Tana Kama holds that she only owes him the wages when he returns the object and therefore the money that she owes him at the time that the object is returned is not a loan and he may be Mekadesh her with the wages that she owes him, while R. Nasan holds that a worker is owed his wages upon every Perutah of work and therefore the money that she owes him is regarded as a loan and he can't be Mekadesh her with a loan.
 
5. Rebbe agrees with R. Nasan that a worker is owed his wages upon every Perutah of work and therefore the money that she owes him is regarded as a loan, however if he put his own stone in the jewelry her intention is that the money for Kidushin is the stone that he put in and not the money that she owes him, while R. Nasan holds that even if he places his own stone in the jewelry it is not a Kidushin because her intention is that the money for the Kidushin is the money that she owes him.
 
6. R. Meir holds that his failure to Shecht the animal properly is regarded as negligence and therefore he is Chayav to pay even though he is a professional.
 
7. Tying an animal with a rope is considered only a moderate Shemirah and R. Meir holds that a moderate Shemirah is not sufficient whether the animal is a Ta'am or a Mu'ad.
 
8. However he is Chayav b'Dinei Shamayim because after it fell he should have picked it up so that it will not cause damage.
 
9. It takes great expertise to recognize whether a coin is a good or bad coin and will be accepted as currency and therefore only an expert is Patur.

BRIEF INSIGHT

A LOAN WITH A MASHKON
 
If a person was hired to make jewelry for a woman he says that he is Mekadesh her with the wages that she owes him it is not a Kidushin according to R. Nasan because he holds that a worker is owed his wages for every Perutah of work that he does and therefore the money that she owes him is regarded as a loan.. The Pnei Yehoshua asks that even though a Kidushin with a loan is not a Kidushin however if he has a Mashkon for the loan it is a Kidushin and he has the jewelry in this case as a Mashkon for the loan. The Pnei Yehoshua answers that he may only be Mekadesh her with a loan if he took the Mashkon for the purpose of having collateral for the loan but in this case he did not take the jewelry for that purpose and therefore he may not be Mekadesh her with the loan.

QUICK HALACHAH

AN EXPERT SHOCHET
 
If someone brings wheat to a miller and he failed to soak it and consequently the bran was not removed, or he gave flour to a baker and he did not bake it properly or he gave an animal to a butcher and he made it into a Neveilah, if they took a fee they are Chayav to pay, but if they didn't receive a fee if he is an expert Shochet he is Patur but if not he is Chayav. If the Shochet takes a piece of the animal as his fee it is the same as receiving money and he is Chayav. (Shulchan Aruch CM 306:4)
 
A Shochet is considered an expert when he Shechted three times a small bird. (Shach)

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