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Bava Metzia 111

BAVA METZIA 111 (29 Adar) - L'iluy Nishmas ha'Gaon Rav Yosef Pinchas ben Rav Noach ha'Levy Levinson (Yahrzeit: 29 Adar Alef), by his son.

1) [line 1] EIN PE'ULASO ETZLO - his (the worker's) employment is not with him (the Shali'ach who hired the worker) (this is learned from the verse, "Lo Salin Pe'ulas Sachir Itcha" - "You shall not leave overnight the wage of a *worker with you*" (Vayikra 19:13)

2) [line 4] NOSEN LO SECHARO MI'SHALEM - he (the Shali'ach who hired the worker) pays the worker his full wages

3) [line 5] MAH SHE'HEHENEH OSO - that which he (the Shali'ach) caused him (the employer) to benefit

4) [line 7] SHAM'EI - his servant, attendant
5) [line 8] AGIR LI PO'ALIM - hire workers for me
6) [line 10] HANEI SHUKA'EI D'SURA - these market-goers (merchants who receive their money on market day) of Sura

7) [line 23] HA'KOVESH SECHAR SACHIR - one who withholds the wage of a hired worker

8) [line 23] OVER B'CHAMESH SHEMOS - he transgresses five different Torah prohibitions (see Background to Bava Metzia 110:31)

9) [line 26] HANEI D'IKA BI'YEMAMA LEIKA B'LEILYA; D'IKA B'LEILYA LEIKA BI'YEMAMA?! - these [prohibitions] which apply during the day (i.e. to a day-worker) do not apply to the night (i.e. to a night-worker); these [prohibitions] which apply during the night (i.e. to a night-worker) do not apply to the day (i.e. to a day-worker). (How, then, can you say that one transgresses five Lavim at one time?)

10) [line 27] SHEM SECHIRUS B'ALMA - [these five prohibitions apply to] the general category of the wages of hired workers (but one does not transgress all of them in a single case)

11a) [line 29] EIZEHU OSHEK SHE'CHIYEVAH ALAV TORAH KORBAN? - For what type of theft through defrauding is a person obligated to bring a Korban?

b) [line 29] DUMYA D'FIKADON D'KA KAFAR LEI MAMONA - [the type which is] similar to a Pikadon, where one denies owing money to the claimant (SHEVU'AS HA'PIKADON / ASHAM GEZEILOS)
(a) A person who steals money (or an object of monetary value) from a fellow Jew or denies owing him an object that was deposited in his care, and swears in Beis Din that he is not in possession of the money (and thereby exempts himself from paying), and later admits his sin, must return what he stole, pay a fine of Chomesh -- an additional *fifth* (of the ensuing total, or a *quarter* of the original value), and bring a Korban Asham to receive atonement. The animal offered is a ram that costs at least two Sela'im (Vayikra 5:20-26). See Background to Bava Kama 103:13.
(b) The verse includes in the category of wrongfully taking someone else's money or an object an act of "Gezel" (stealing) and an act of "Oshek:" "If a person sins, and commits treachery against HaSh-m, and lies to his neighbor about an object that was delivered to him to guard, or about money given to him as a loan, or about an object taken away by force, or he has defrauded his neighbor, or he found a lost object, and he denied it, and he swore falsely about any one of these things that a person can do as a sin..." (Vayikra 5:21-22; see next entry). Our Gemara explores what the difference is between Gezel and Oshek.

12) [line 36] "V'CHICHESH BA'AMISO B'FIKADON O VI'SESUMES YAD O V'GAZEL, O ASHAK ES AMISO." - "[If a person sins, and commits treachery against HaSh-m,] and lies to his neighbor about an object that was delivered to him to guard, or about [money given to him as] a fellowship, or about an object taken away by force, or he has defrauded his neighbor." (Vayikra 5:21)

13) [line 41] HIMCHAHU ETZEL CHENVANI - he transferred the wages to a storeowner (so that the storeowner would give the worker food in the amount of the value of his wages)

14) [line 41] SHULCHANI - a moneychanger

(a) All Shevu'os d'Oraisa, oaths of Torah origin, involve making a Shevu'ah to *exempt* oneself from payment or liability, and not making a Shevu'ah to *extract* payment from someone. This is derived from the verse, "An oath of HaSh-m shall be between the two of them... and the owner shall accept it and *he shall not pay*" (Shemos 22:10). The Rabanan instituted certain oaths that do not follow this rule, where the person who swears *collects* his claim after he takes his oath (Mishnah Shevu'os 44b).
(b) One of those people who are "Nishba'in v'Notlin" ("who swear and collect") is a Sachir, a laborer who has completed his work. The Rabanan reasoned that employers may be too busy to distinguish one worker for another, and may mistakenly think that they have paid a certain worker who has not in actuality received his wages. The Sachir therefore swears and collects his wages.

16) [line 42] AVAR ZEMANO - if the time his payment was due has passed
17) [line 43] GER TOSHAV - A Ben Noach who accepts upon himself to fulfill the seven Noachide laws. (This is the opinion of the Chachamim in Avodah Zarah 64b. Other Tana'im there define Ger Toshav differently.)


18) [line 1] ACHERIM - others (i.e. Nochrim)
19) [line 1] GER TZEDEK - a convert who accepts upon himself all of the Mitzvos
20) [line 2] OCHEL NEVEILOS - a Nochri who eats non-Kosher meat
21) [line 31] LO CHASIF L'MISBE'EI - he is not embarrassed to demand his payment
22) [line 50] MISHUM D'LO TARACH BEI - because he did not toil for it (and therefore it is permitted to take it from him)

23) [line 55] LIVTZOR LO ESHKOL ECHAD SHEL ANAVIM - even if the employer hired him to pick only one cluster of grapes, the employer will still transgress "Lo Salin" if he withholds the worker's wages

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