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
It is a Machlokes if a master may tell his non-Jewish servant to work for him but he will not give him Mezonos
It is a Machlokes Tana'im if the produce that a worker has the right to eat is his own and it is part of his wages or if it is from Heaven. (1)
A worker may make a condition with his employer that he will not eat from the produce for himself and for his son and servants who are Gedolim and for his wife because they have Da'as
A person may not make a condition for his son and servants who are Ketanim and not for his animal because they don't have Da'as.
If someone hires a worker to work on produce that is Neta Reva'i he may not eat the produce but if he was not informed he will be working on Neta Reva'i the owner must redeem the produce and feed it to the workers.
If figs were pressed and subsequently fell apart and workers were hired to repress them or if wine barrels were sealed and the covers came off and the worker were hired to reseal them they may not eat from the figs or wine because it is already the Gmar Melachah of Ma'aser.
Workers who are hired to guard fruit may eat from the fruit from a Minhag but not from the Torah.
Rav says workers who are hired to guard vegetables gardens and orchards eat from the Minhag while workers who guard wine presses and piles of grain eat Min ha'Torah because a Shomer is considered an active worker. (2)
Shmuel says workers who are guarding wine presses and piles of grain eat from a Minhag but workers who are vegetables gardens and orchards may not eat from the produce at all because a Shomer is not considered an active worker.
Someone who is guarding a Parah Adumah his clothing is Tamei.
Someone who is guarding squash patches belonging to a number of different people he may not eat only from one patch and instead he shall eat from proportionately from each one. (4)
Workers may eat from attached produce if they are working at the Gmar Melachah and they may eat from harvested produce if it is prior to the Gmar Melachah of Ma'aser.
A Shomer Chinam swears on everything and he is Patur a Sho'el pays for everything while a Shomer Sachar swear if an Ones occurs and he must pay for Geneivah and Aveidah.
It is a Machlokes between R. Meir and R. Yehudah whether a Socher has the Din of a Shomer Chinam or a Shomer Sachar.
If a shepherd is grazing animals on the banks of a river an done of the animals slips and falls in the water according to Rabah it is an Ones and he is Patur, while R. Chisda and Rabah Bar R. Huna disagree. (5)
If a shepherd abandons his flock and goes into town at a time that it is usual for a shepherd to go or he takes a nap at a normal time if an animal is killed Rabah holds it is considered an Ones and he is Patur while R. Chisda and Rabah Bar R. Huna disagree.
If someone is guarding a town at night he must guard extra vigilantly and if he goes into the town or takes a nap he is Chayav even according to Rabah.
If a shepherd heard a lion coming and he abandoned his flock we make an evaluation and if he could have saved the flock if he had stayed he is Chayav but if not he is Patur.
A Shomer Chinam is obligated to attempt to fend off a lion from the flock that he is guarding with sticks but he is not obligated to hire people to do so but a Shomer Sachar is even obligated to hire people to fend the lion off. (6)
If a guarded item is stolen b'Ones and subsequently it becomes known who the Ganav is if the Shomer is a Shomer Chinam he may choose to swear and he is Patur or he may pay for the item and collect it from the Ganav.
If the Shomer is a Shomer Sachar he must pay for the item and collect it from the Ganav.
If one wolf invades a flock a flock and kills a sheep it is not an Ones, but if two wolves invades the flock it is an Ones. (7)
Two dogs that invade a flock is not an Ones but R. Meir says if they come from two different directions it is an ones.
If an armed bandit invades a flock it is an Ones even if the Shomer is also armed because the a bandit is willing to risk his life while the and the Shomer is not.
If a lion, bear, leopard, cheetah or snake invades a flock it is an Ones but if the shepherd brings his flock to a place where they are found it is not an Ones.
If an animal dies naturally it is an Ones, but if the Shomer afflicted the animal and it dies it is not an Ones.
If an animal forced its way up to the top of a cliff and t fell of and dies it is an Ones but if the shepherd brought it up to the top of the cliff it is not an Ones.
A BIT MORE
1. If the produce is his own he may give it to his wife and children and he may make a condition that his servant will not eat even if he is a Katan while if it is from Heaven he may not give it to his wife and children and he may not make a condition that his servant who is a Katan will eat if it is.
2. Although a Shomer is regarded as an active worker, however even an active worker may not eat from the produce if he is working in attached produce prior to the Gmar Melachah and therefore they only eat from the Minhag and certainly someone who is weeding or other work on attached produce may from Hilchos Medinah, but if they are guarding a wine press or piles of grain prior to the Gmar Melachah of Ma'aser they may eat Min ha'Torah.
3. Anyone involved in the Parah Adumah from the beginning until the end his clothing is Tamei and even according to Shmuel who holds that guarding is not considered a Ma'aseh however the Rabanan decreed that his clothing is Tamei because of Gezeirah that he may move a limb of the Parah Adumah.
4. According to Shmuel who holds that someone who guards a vegetable patch may not eat the produce in this case the squash was already picked and it is prior to the Gmar Melachah of Ma'aser because the sprout at the end of the squash was not yet removed.
5. R. Chisda and Rabah Bar R. Huna holds that a person pays a Shomer Sachar so that he will watch it especially carefully and if he doesn't watch it especially carefully he is Chayav.
6. The Shomer Sachar must spend up to the value of the animals he is guarding to hire people to fend off the lion and he may collect the money from the owner.
7. R. Yehudah says if there is a plague of wolves than even one wolf is an Ones.
|
BRIEF INSIGHT
Shmuel says workers who are guarding wine presses and piles of grain eat from a Minhag but workers who are guarding vegetables gardens and orchards may not eat from the produce at all because a Shomer is not considered an active worker. The Rashba asks if a Shomer is not an active worker and he is only eating from a Minhag what is the difference if he is guarding orchards or wine press. The Rashba answers that since even an active worker doesn't eat Min ha'Torah from the fruit of an orchard if it is the Gmar Melachah a Shomer doesn't eat from a Minhag. However a Shomer of a wine press eats from the Minhag because if he was an active worker he would eat Min ha'Torah.
QUICK HALACHAH
If barrels of wine reopened and presses figs fell apart and workers were his to work with them they may not eat from them because it is already Chayav in Ma'aser. However this only applies if the workers knew that the barrels had reopened but if he didn't know and he thought that it was not yet Chayav in Ma'aser the owner must separated Ma'aser and give them to eat. Someone who guards attached produce even at the time of Gmar Melachah he may not eat but someone who is guarding picked produce prior to the Gmar Melachah even though he may not eat from the Torah he may eat from Hilchos Medinah. If someone is guarding four or five piles of grain that belong to different people he may not eat solely from one of the piles and he must eat proportionately from all of them. (Shulchan Aruch CM 337:6, 7, 8)
|
Next Daf
Index to Revach for Maseches Bava Metzia
|
