REVACH L'DAF
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SUMMARY
If the townspeople sent their Shekalim to the Beis ha'Mikdash with a Shali'ach and it is stolen or lost on the way if they were Torem the Lishkah before they were aware that it was lost the Shali'ach swears to the treasurer that he was not negligent. (1)
If they did not yet Torem the Lishkah at the time that they became aware that the Shekalim were lost the Shali'ach must swear to the owners that he was not negligent. (2)
Shmuel says the Shevu'ah of the Shali'ach is for the purpose of allowing him collect his wages if he is a Shomer Sachar. (3)
According to Shmuel even if they were Torem the Lishkah before they were aware the Shekalim were lost he must swear to the owners however he must do so in the presence of the Gizbar so that they will not suspect or call him negligent.
R. Elazar disagrees with Shmuel and he says that the Rabanan decreed that the Shali'ach must swear to Hekdesh and otherwise he must pay so that people will not treat Hekdesh improperly.
If Shekalim were lost on the way to Hekdesh and the owners sent new Shekalim and the lost Shekalim were found both the lost and new Shekalim are Hekdesh and they both count for the Shekalim of the following year.
R. Shimon says if someone sells Kodshim that he is Chayav to replace the Dinim of Ona'ah applies. (4)
When they are Torem the Lishkah they include the Shekalim that were lost on way and the Shekalim that were collected and had not yet arrived and the Shekalim that will be collected later in the year. (5)
If the treasurer of Hekdesh hires workers by the day to guard a Parah Adumah, or to guard the children who were used for the Parah Adumah, or to guard a planted field that will be used for the Korban Omer they are not given wages for Shabbos and therefore they are not responsible if anything happens to it on Shabbos.
If the workers were hired per week, month, or year they are paid for Shabbos and therefore they are responsible if anything happens to it on Shabbos. (6)
Even though a Shomer who is guarding Hekdesh is Patur from paying if a Kinyan was made and the Shomer was Meshabed himself to pay if he didn't guard it properly he is Chayav to pay.
R. Yehudah says if when an animal, Sefer Torah, or precious jewel is sold the Dinei Ona'ah do not apply unless the buyer was overcharged by more than one hundred percent.
The reason why the Dinei Ona'ah don't apply to a Sefer Torah according to R. Yehudah is because it is invaluable and Ona'ah doesn't apply to an animal or precious jewel because a person is sometimes willing to overpay in order to pair up two similar animals or precious jewel. (7)
R. Yehudah Ben Beseira says that when a horse, sword, or shield is sold for use in battle the Dinei Ona'ah do not apply because the soldier's life is dependent on it and therefore he is willing to overpay.
A person may not afflict his friend with words; he may not ask his friend for a price of an object if he has no intention to buy it and he may not tell a Ba'al Teshuvah remember your previous deeds.
If someone is the son of Geirim one shall not tell him remember the deeds of you fathers.
If a Ger wants to learn Torah one should not comment that a mouth which ate Neveilos and Tereifos wants to learn Torah which was given from Hashem Yisbarach.
If a person was suffering from afflictions, or an illness, or his children passed away one shall not say to him that he is deserving of the punishment.
One shall not tell his friend who is looking to buy grain to go to Ploni who sells grain if he knows that Ploni never sold grain in his life.
R. Yehudah says
a person should not even stand over an item for sale if he doesn't have money to buy it.
Regarding Ona'ah of words the Torah states that 'you shall fear G-d' because it is something that is dependent on what is in the heart of person. (8)
R. Shimon Ben Yochai says that Ona'ah of words is more significant than Ona'ah of money because it is on the Guf of the person, or because words can't be taken back but money could be returned.
Embarrassing a person publicly is tantamount to spilling his blood.
Everyone who descends into Gehinom eventually ascends with three exceptions, one who has relations with a married woman, or embarrasses a person publicly,- or calls his friend an unwanted nickname. (9)
A BIT MORE
1. When they are Torem the Lishkah the Shekalim that were sent with a Shali'ach and were subsequently lost are included in the Terumah and the owners are not obligated to send new Shekalim to Hekdesh and therefore Hekdesh is the Ba'al Din and he must swear to Hekdesh because they are the ones who stand to lose.
2. If they were aware that the Shekalim were lost before they were Torem the Lishkah the Terumas ha'Lishkah doesn't include the lost Shekalim and the owners must send new Shekalim and therefore they are the Ba'alei Din and he must swear to the owners.
3. A Shomer is not Chayav to swear if he is guarding Hekdesh therefore he is Patur from paying without a Shevu'ah, however if he wants to collect his wages he must swear that the item is not in his possession.
4. If someone makes a Neder to bring an Olah and he separates an animal for an Olah and a Mum develops he must replace the animal with a different animal in order to fulfill his Neder; therefore since it has replacement value it is regarded as his property and if he sells the animal after it develops a Mum the Dinei Ona'ah apply.
5. The Terumah ha'Lishkah took place three times a year and the Shekalim from the Lishkah was placed in three boxes and the money from the boxes was used for the Korbanos Tzibur. the Terumah was separated also for those whose Shekalim had not ye arrived so that they too will have a part in the Korbanos and if their Shekalim arrive before the third and final Terumas ha'Lishkah it is placed in a box labeled new Shekalim however if it arrived after the third and final Terumas ha'Lishkah it was placed in a box labeled old Shekalim and it was used with the Shirei ha'Lishkah for the purpose of fixing the walls of Yerushalayim.
6. Since the pay for Shabbos is included in the weekly pay and is not given separately it is permitted to receive payment for Shabbos.
7. A person who has an ox that is very good for plowing will look for another very good ox that he can pair with the first one and they will plow together.
8. The person knows in his heart whether his words were sincere or were meant to hurt the person and only Hashem Yisbarach knows what was in his heart
9. Even if the person is used to the nickname and is not embarrasses by the name it is still forbidden.
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BRIEF INSIGHT
ONA'AS DEVARIM
A person may not afflict his friend with words; he may not tell a Ba'al Teshuvah remember your previous deeds.
He may not tell the son of Geirim remember the deeds of you fathers. Why doesn't the Mishnah state regarding a Ger as well that one shall not remind him of his previous deeds? The Maharsha explains that a Ger has no reason to be embarrassed about his previous deeds because he is even better than a person who was born Jewish as he left the way of the non-Jews and went under the canopy of the Shechinah. A Ba'al Teshuvah on the other hand was commanded in the Mitzvos and even so he sinned so and therefore his previous deeds are an embarrassment to him.
QUICK HALACHAH
THE PROHIBITION OF ONA'AH
Just a there is Ona'ah regarding purchases so too there is a Ona'ah with regards to words and Ona'ah of words is worst than Ona'ah of money because money may be returned while words can't be taken back and because words are while money is not on the Guf. Someone who cries out as a result of Ona'ah of words will be punished immediately. According to some opinions the prohibition of Ona'ah of words only applies to those who fear Hashem. If someone who causes Ona'ah to himself it is permitted to cause Ona'ah to him. One must be very careful not to cause Ona'ah to a Ger whether it is Ona'ah of words or Ona'ah of money because the Torah warns about a Ger in many places. (Shulchan Aruch CM 228:1, 2)
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