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BAVA METZIA 33

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SUMMARY

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A BIT MORE

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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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