REVACH L'DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net
|
|
SUMMARY
If two people are holding a Talis and a portion of the Talis is made out of gold the Talis is split between them along with the golden portion. .
If two people are riding in animal and each one claims that it belongs entirely to him it is divided between them after each one swears.
Rami Bar Chama says that if someone picks up a Metzi'ah for his friend his friend is Koneh.
Rava holds that if someone picks up a Metzi'ah for his friend his friend isn't Koneh unless he also is Zocheh in a share of the Metzi'ah for himself.
If someone instructs his friend to steal for him the Meshale'ach is Patur from paying Kefel because a person can't be a Shali'ach for an Aveirah.
If two partners steal and one partner takes it out of the property of the owner with the Da'as of his partner they are Chayav Kefel together. (1)
If two people who are both deaf-mute pick up a lost object together they are Koneh the Metzi'ah in partnership. (2)
If a healthy person picks up a lost object together with a deaf-mute since the healthy person is not Koneh the deaf-mute is also not Koneh. (3)
If one person is riding an animal and another person is leading the animal it is a Safek to R. Yehudah which one is Koneh. (4)
If someone leads two an ox or a donkey together someone who sits in a wagon that is being pulled by an ox or a donkey he receives Malkus, while R. Meir holds one who sits in the wagon doesn't receive Malkus.
Shmuel says that according is the Rabanan who hold that the one who sits in the wagon doesn't receive Malkus because.
Shmuel holds that riding an animal is not a Kinyan of the animal.
A person is not Koneh a lost animal or an animal of a Ger who died by holding the reigns but if a person buys an animal from his friend it is a Kinyan. (5)
A BIT MORE
1. Even though a person may not be Shali'ach for an Aveirah, however in this case since he is Koneh the animal for his own portion of the Gezeilah he is also Koneh the animal for his partner.
2. Although a deaf-mute may not be Koneh Min ha'Torah, however the Rabanan decreed for the reason of Darkei Shalom that a deaf-mute is Koneh a lost object that he picks up.
3. The healthy person is not Koneh because the deaf-mute is not Koneh m'Ikar ha'Din and therefore it is as if the half of the Talis that the deaf-mute is holding is on the ground and since part of the Talis is on the ground he is not Koneh with Hagbahah at all and since the healthy person is not Koneh the deaf-mute is also not Koneh for the same reason because it is as if the portion of the Talis that is held by the healthy person is as if it is on the ground.
4. Maybe the person riding is the one that is Koneh because he is grasping the animal or maybe the person who is leading the animal is Koneh because the animal is moving because of him.
5. Holding the reigns is Koneh when purchasing an animal because the seller handed over the reigns to him for the Kinyan, however it is not an effective Kinyan for a Metzi'ah because there no one handed over the reigns to him.
|
BRIEF INSIGHT
MESIRAH VS. MESHICHAH
The Gemara states that leading an animal is certainly a Kinyan because it is Meshichah and everyone holds that Meshichah is Koneh. The Pnei Yehoshua asks that Shmuel himself says in Maseches Kidushin that the Kinyan of a large animal is with Mesirah. The Pnei Yehoshua answers that when purchasing a large animal it is possible to be Koneh with Mesirah and therefore Meshichah is not a Kinyan, however with regards to a Metzi'ah since Mesirah doesn't work Meshichah is a Kinyan because there is no other way to be Koneh the animal.
QUICK HALACHAH
METZI'AH OF A DEAF-MUTE
If someone picks up a Metzi'ah for his friend even though he didn't say anything he is Zocheh. If two people pick up a Metzi'ah they are Koneh it together. If a deaf-mute, Shoteh, or Katan pick up a Metzi'ah for a healthy person the healthy person is not Koneh. If a deaf-mute and a healthy person pick up a Metzi'ah together because the healthy person is not Koneh the deaf-mute is also not Koneh and if someone grabs it from them he is Koneh, however they are Koneh what they are grasping in their hands. If both of them are deaf-mute the Chachamim decreed that they are Koneh in order to prevent disputes. (Shulchan Aruch CM 269:1-4)
|
Next Daf
Index to Revach for Maseches Bava Metzia
|
