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BAVA METZIA 61

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SUMMARY

Both a borrower and a lender transgress both the Lav of Neshech and Tarbis whether he borrows Kesef or food or any other item.
 
It is not necessary for a Lav to be written in the Torah for Gezel because it can be learned out from Ribis and Ona'ah; the reason for the Lav is to prohibit a person from withholding payment for a hired worker.
 
Someone who withholds payment for a hired worker transgresses two Lavin.
 
The prohibition of Gezeilah applies even if the Gazlan is not planning to keep it and he is only trying to cause distress to the Nigzal.
 
A person shall not steal even though he is doing it only because he wants to benefit the Nigzal with a payment of Kefel and he knows that the Nigzal won't take the money otherwise.
 
A person who places his weights in salt in order to weigh them down and use it to cheat a seller while making a purchase transgresses a Lav even though he has not yet used the weights.
 
When two brothers split a field that they inherited one of them may not measure his portion in the winter while the other measures in the summer. (1)
 
When a person sells wine and measures it in a Meshurah (a small measuring cup which is 1/36th of a Log) he may not pour the wine in such a way that it will foam up because he is cheating the buyer. (2)
 
If the Torah states that one may not foam up a Meshurah certainly one may not foam up wine when he is selling a larger amount such as a Hin (12 Log) or half a or a third or a quarter of a Hin or a Log half a Log or a quarter of a Log.
 
The Torah states Yetzi'as Mitzrayim on the Mitzvah of Ribis to teach us that Hashem Yisbarach Who distinguished in Mitzrayim between a Bechor and a non-Bechor will punish a person who lends money with Ribis and claims it belongs to a non-Jew.
 
The Torah states Yetzi'as Mitzrayim on the Mitzvah of false weights to teach us that Hashem Yisbarach Who distinguished in Mitzrayim between a Bechor and a non-Bechor will punish a person who places his weights in salt.
 
The Torah states Yetzi'as Mitzrayim on the Mitzvah of Tzitzis to teach us that Hashem Yisbarach Who distinguished in Mitzrayim between a Bechor and a non-Bechor will punish a person who wears Kala Ilan (fake Techeiles) and claims it is Techeiles.
 
The Torah states Yetzi'as Mitzrayim on the Mitzvah of Sheratzim to teach us that Hashem Yisbarach Who distinguished in Mitzrayim between a Bechor and a non-Bechor will punish a person who mixes brine of non-Kosher fish with brine of Kosher fish and sells it to a Yisrael .
 
Hashem Yisbarach says that if I had taken Klal Yisrael out of Mitzrayim for the sole reason that they aren't Mitamei themselves by eating Shertazim it would be sufficient.
 
If a person lends money with Ribis d'Oraisa R. Elazar says the borrower may claim the money back in Beis Din while R. Yochanan argues.
 
If a person lends money with Ribis and he dies the children who inherit are not obligated to return it even if it is Ribis d'Oraisa.
 
If a person lends money with Ribis d'Rabanan the borrower may not claim the money back in Beis Din.

A BIT MORE

1. A rope is used for measuring land and in the winter the rope is damp and stretches out more than it does in the summer when it is dry, therefore the brother who measures in the winter will receive a larger share than the brother who measures in the summer.
 
2. If the wine foams up when he pouring the measuring cup will not be full and the buyer will be cheated.

BRIEF INSIGHT

LAV HA'NITAK L'ASEH
 
It is not necessary for a Lav to be written in the Torah for Gezel because it can be learned out from Ribis and Ona'ah; the reason for the Lav is to prohibit a person from refusing to pay a hired worker. Even though there already is a Lav for someone who refuses to pay a hired worker the Torah is teaching us that he transgresses two Lavin. Tosfos asks maybe the Lav of Gezel is for the purpose of teaching us that someone who transgresses the prohibition of Gezel transgresses two Lavim. Tosfos answers that a person who transgresses the prohibition of Gezel isn't punished with Malkus because it is a Lav that is Nitak la'Aseh (it is a prohibition which is atoned for with the Aseh of returning the Gezeilah) and therefore there is no significance to the fact that there are two Lavin. The Maharsha asks that withholding payment for hired worker is also a Lav that is Nitak la'Aseh because he is still obligated to pay. The Maharsha answers that even though someone who withholds payment for a hired worker is obligated to pay it is not regarded as Nitak la'Aseh because the Torah doesn't explicitly state that he must pay. Only Gezel is a Lav that is Nitak la'Aseh since the Torah states explicitly that the Gezeilah must be returned.

QUICK HALACHAH

PAYING A WORKER ON TIME
 
It is a Mitzvah to pay a hired worker on time and if one delays he transgresses a Lav whether he hired a person or an animal or utensils, but if a person rented land according to some opinion he doesn't transgress a Lav. Anyone who withholds payment for a hired worker is regarded as if he took his worker's Neshamah and he transgresses five Lavin. (Shulchan Aruch CM 339:1, 2)
 
According to some Poskim the prohibition of Bal Talin applies even to a rental of a house and therefore since it is an Isur d'Oraisa it is prudent to be stringent on the matter. (Ketzos ha'Choshen)

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