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BAVA METZIA 33

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BAVA METZIA 33(5 Sivan) - Dedicated l'Zecher Nishmas Reb Chaim Aryeh ben Aharon Stern Z'L by Shmuel Gut of Brooklyn, N.Y.

SUMMARY

The obligation to help a person unload his animal doesn't apply if the animal habitually crouches under its load.
 
If the animal is managing to stand under its weight and it is not crouching the Mitzvah of helping unload doesn't apply.
 
A person is only obligated to help load an animal if he receives payment.
 
R. Yosi ha'Glili holds that if an animal has been overloaded there is no obligation to help unload it because he holds that Tzar Ba'alei Chaim is not d'Oraisa. (1)
 
A person is obligated to help load or unload an animal when he is within a Ris (1/7.5 of a Mil) of the animal.
 
A person who helps load an animal must tag along for a Parsah in order to ensure that no more help is needed and he may take wages for his time.
 
If a person has the opportunity to retrieve his own Aveidah or return Aveidah of his father or Rebbe his own Aveidah has priority.
 
Rav says someone who does not exceed the letter of the law and refuses to forfeit his own money instead of helping others will end up impoverished.
 
If a person has the opportunity to return the Aveidah of his father or his Rebbe the Aveidah of his Rebbe has priority because his father brought him into this world and his Rebbe who taught him Chachmah brings him into the next world.
 
If his father is a Chacham the Aveidah of his father has priority over the Aveidah of his Rebbe.
 
If a person's father and Rebbe are both carrying a load he shall help his Rebbe put his load down prior to helping his father.
 
If a person's father and Rebbe both need to be ransomed he shall ransom his Rebbe first, but if his father is a Chacham he shall ransom his father first.
 
The Rebbe that the Mishnah is referring is a Rebbe who taught him Gemara but not a Rebbe who taught him Mikra or Mishnah according top R. Meir.
 
R. Yehudah says it is referring to a Rebbe who taught him most of his wisdom. (2)
 
R. Yosi says even a person who taught him the reason for one Mishnah that he did not previously understand is regarded as his Rebbe.
 
Ula says that the Talmid Chachamim in Bavel stood up for each other and ripped their clothes when one of their colleagues passed away. (3)
 
It is a Safek if a Talmid who is needed by the Rebbe as result of the Torah that he learned from other Talmidei Chachamim must return the Aveidah of the Rebbe prior to the Aveidah of his father
 
R. Yochanan says that the Halachah is like a Stam Mishnah.
 
Those that occupy themselves with Mikra are not on the same level as those that learn Mishnah or Gemara. (4)
 
Those that occupy themselves with Mishnah are rewarded but there is nothing better than learning Gemara.
 
During the times of Rebbe they stated there is nothing better than Gemara and everybody ran to learn Gemara and subsequently they said that one should always run after Mishnah. (5)
 
A Shogeg of a Talmid Chacham is regarded as a Meizid and the Meizid of an Am ha'Aretz is regarded as a Shogeg.
 
R. Yehudah says that a person must learn the Talmud carefully because a Shogeg in the Talmud is regarded as a Meizid. (6)
 
If a Shomer Chinam is guarding an animal or a utensil and it is stolen if he pays for the item and chooses not to exercise the option that he has to swear if the Ganav is found he pays Kefel and four or five to the Ganav. (7)
 
If the Shomer Chinam doesn't want to pay and he chooses to swear instead, if the Ganav is found he pays Kefel and four or five to the owner.
 
The Rabanan hold that a person may not be Makneh something that is not yet in existence, while R. Meir holds that if it is something that is likely to come into existence he may be Makneh it.

A BIT MORE

1. The previous Dinim are also in accordance with R. Yosi ha'Glili and therefore if an animal habitually crouches under its load or is standing under its we are not concerned for Tzar Ba'alei Chaim and he is Patur.
 
2. It is not relevant according to R. Meir whether the Chachmah he was taught is Mikra, Mishnah or Gemara
 
3. Because they sat together in the Beis Midrash and debated Divrei Torah with each other and each one of them learned from the others.
 
4. Because at the time that this Beraisa was stated the Mishnah and the Gemara had not been written and was in danger of being forgotten and therefore learning the Mishnah and Gemara was given priority over learning Mikra.
 
5. During the three generations prior to Rebbe there were many students of Shamai and Hillel and as a result of the decrees against Klal Yisrael there was much Machlokes and the Torah became like two Toros. However, at the time of Rebbe the authorities eased up on Klal Yisrael because of the close relationship that Rebbe had with Antiochus and Rebbe gathered all the Chachamim and they arranged the Mishnayos in a proper order. Once the Mishnah was arranged they put their efforts into the Gemara which explains the Mishnayos. However, when people stopped learning the Mishnah entirely and they was concern that the Mishnah will be forgotten they said always run after the Mishnah.
 
6. The Shogeg of a Talmid Chacham is a Meizid because he should not have erred with regards to the reason of the Mishnah which resulted in their faulty understanding because he should have asked his Rebbe.
 
7. The owner is Makneh the Kefel and four or five to the Shomer in the event that he decides to pay for the item.

BRIEF INSIGHT

A FATHER TALMID CHACHAM
 
If a person has the opportunity to return the Aveidah of his father or his Rebbe the Aveidah of his Rebbe has priority because his father brought him into this world and his Rebbe brings him into the next world. If his father is a Chacham the Aveidah of his father has priority over the Aveidah of his Rebbe. The Tur says in the name of the Rosh that regarding returning an Aveidah the father only has priority if he is equal to the Rebbe in Chachmah, but regarding paying ransom even if the father is not as great of a Chacham as the Rebbe. The Beis Yosef explains that regarding paying ransom since the father is in mortal danger the son is obligated to ransom him even though he is not as great as the Rebbe, but regarding and Aveidah since it is only monetary the Rebbe is first unless the father is greater.

QUICK HALACHAH

POREK V'TO'EN
 
If someone lost an Aveidah and he has the opportunity to return both his Aveidah and the Aveidah of his friend if it is possible to return both of them he shall do so but if not possible he should retrieve his own because his Aveidah has priority over the Aveidah of his father and of his Rebbe. However, a person should act above the letter of the law and he should not insist that he comes first unless he stands to suffer a certain loss and if a person always insist that he comes first he is removing the yolk of Gemilas Chasadim and he will eventually need to take charity from others. (Shulchan Aruch CM 264:1)

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