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BAVA METZIA 38-40 (10 Sivan) - dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb Yitzchok Yakov ben Eliyahu Grunberger. Irving Grunberger helped many people quietly in an unassuming manner and is dearly missed by all who knew him. His Yahrzeit is 10 Sivan.
If someone dies leaving children who are Gedolim and children who are Ketanim if the Gedolim appreciate the property the appreciation is shared equally by all of them.
If a person is captured and the relatives work the field if the owner returns they are given a share like a sharecropper.
A relative may not work on the field of a Katan because of the concern that he will claim that he owns it and the Katan will not know to protest.
If someone is given produce as a Pikadon and he mixed it with his own produce and he consumed an unknown quantity when he returns the produce he may subtract the amount that each Kor reduces every year. (1)
If the Shomer was given wheat or peeled rice he may subtract 41/2 Kavim per Kor, from barley and millet he may subtract 9 Kavim to a Kor and from spelt, flaxseed and unpeeled rice he may subtract three Se'ah per Kor.
If the Shomer didn't mix it with his produce he returns the produce as is.
R. Yochanan Ben Nuri says that the Shomer may only subtract from the first Kor because there is a limit to how much the mice will eat. (2)
R. Yehudah says if the Shomer was given ten Korim of produce he may not subtract from the produce because the produce swells in the winter and the swelling offsets the amount it is reduced. (3)
If someone gives wine to a Shomer when he returns it he may subtract a sixth according to the Tana Kama and according to R. Yehudah he may subtract a fifth. (4)
If a Shomer was given oil to guard when he returns it he may subtract 3 Lugin per one hundred; one and a ½ Lugin for the sediment and one and a ½ Lugin for the oil that was absorbed in the jar.
If the oil was clear the Shomer may not subtract for the sediment and if the jars were old he may not subtract for the absorption.
Shmuel says that a merchant shall not profit more than a sixth on the merchandise that he sells.
R. Yehudah holds someone who sells clear oil little by little all year may charge the buyer for an extra one and a ½ Lugin per one hundred Lugin for the sediment.
Abaye says that R. Yehudah holds that a person who is selling clear oil may stir up the sediment from the bottom while the Chachamim argue. (5)
R. Papa says that the opposite is true, according to the Chachamim it is permitted to stir up the sediment, however the buyer may not be charged extra if the sediment wasn't stirred because the seller was Mochel.
R. Yehudah holds it is forbidden to stir the sediment and therefore the buyer may be charged extra for it because otherwise the seller will not make a profit
The Chachamim hold is someone sells a Tzemed (collar) the cattle is not included and if he sold the cattle the Tzemed is not included.
R. Yehudah says that the money indicates if the cattle are included, if the Tzemed is sold for 200 Zuz the cattle are included, while the Chachamim hold that the money is not an indication. (6)
When someone buys oil at the cheap price in Tishrei and he receives it in Nisan he must accept cloudy oil with the seeds, but if he pays the expensive price of Nisan he receives clear oil without the seeds.
If someone is Mafkid a jug with his friend and doesn't specify a place to keep it if the Shomer moves it and it breaks while he is moving it if he moved for his own purposes he is Chayav, but if he moved it for the purpose of the jug he is Patur.
If it breaks after he put it down he is Patur even though he originally moved it for his own purposes.
If the owner specified a place to keep the jug and he moves it and it breaks if he moved it for his own needs he is Chayav even if it breaks after he put it down, but if he moved it for the need of the jug he is Patur.
A BIT MORE
1. However, if he didn't consume any of it he shall subtract in accordance with the amount that his own produce reduced for the year.
2. The Chachamim hold that the Shomer may subtract from each and every Kor because the produce is not just reduced from the mice but they are reduced from other factors as well therefore the Shomer may subtract from each and every Kor.
3. Produce is usually given to a Shomer in the summer when it is dried out and returned in the winter when it swells. Although R. Yehudah agrees with the Tana Kama that the Shomer may subtract for each and every Kor, not just for the first Kor, however he holds that the mice do not eat much from the third Kor and beyond and therefore if he is given ten Kor the amount that it swells offsets the amount that the mice eat.
4. The Shomer may subtract the amount that the jugs usually absorb from the wine if he mixed the wine with his own wine. There is no Machlokes between the Chachamim and R. Yehudah; in the place where the Chachamim lived the wine jugs were coated with wax and it absorbed a sixth, while in the place where R. Yehudah lived the jugs were coated with pitch and it absorbed a fifth, or alternatively the type of earth that was used to make the earthenware jugs in the place where the Tana Kama lived absorbed less than the earth used in the place where R. Yehudah lived.
5. Since according to R. Yehudah it is permitted to stir up the sediment if he doesn't do so he may charge the buyer for an extra one and a ½ Lugin per one hundred Lugin for the sediment, while the Chachamim hold that he may not stir up the sediment and therefore he may not charge the buyer for it.
6. The Chachamim hold that the money is not an indication that he bought the cattle because the buyer may have been Mochel the extra money.
SUBTRACTION OF THE SHOMER
If someone is given produce as a Pikadon and he mixed it with his own produce and he consumed an unknown quantity when he returns the produce he may subtract the amount that each Kor reduces every year. R. Yochanan Ben Nuri says that the Shomer may only subtract from the first Kor because there is a limit to him much the mice will eat. The Rashash asks that since he mixed the produce with his own produce and the mice eat only from one Kor he may not even subtract the amount of one Kor. The Rashash answers that maybe he may only subtract a portion that would be subtracted from one Kor depending on the percentage of the produce of the Mafkid that is mixed in with his own produce.
OIL WITH SEDIMENT
It is forbidden to mix even a small amount of sediment with wine or oil. If someone sells clear oil to his friend he may not charge extra for the sediment. If he sells Stam oil he may charge for one and a half Lugin of sediment per 100 Lugin. (Shulchan Aruch CM 228:20)
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