דף ק
An expert not liable for negligence in his field
The גמרא states, for example, concerning recognizing counterfeit money one is an expert if he completed his education in his field like דנכו ואיסור. However one considered professional but did not finish his education is liable for mistakes. Experts can make mistakes by examining newly minted coins that they do not recognize sufficiently to determine their real or counterfeit status. רב חייא based on a verse in the Torah requiring one to act לפנים משורת הדין payed for such a mistake.
However, ריש לקיש held like רבי מאיר who says דאין דינא דגרמי. He holds one liable even for causative damage. Therefore a mistaken money changer would have to pay מעיקר הדין. The גמרא proves that רבי מאיר is מחייב for גרמא.
Introduction:
If two field owners next to each other, one planting grape vines and the other grain, the rule regarding כלאים is the grapevines must be distanced four אמות from the other field. The one planting grain can plant up to the border of the other field. However if there is a wall between them no separation is necessary.
Proof:
In our case there was a wall with a hole in it. If the owner of the vineyard neglects to fix it and the grain grew an additional 200th of its size before the breach, the owner of the vineyard pays damages even though he did no direct damage to the grain
Mishnah
The Mishnah discusses two cases:
A dyer ruined wool by (either by placing it in the dyeing utensil that was too hot or leaving it in the utensil for too long) he pays the owner the value of the wool as a שומר שכר.
The dyer did a poor job by using leftover dye so there was minimal improvement. Since he did this intentionally he is at a disadvantage. He is entitled to whatever is less either his expenses or the improvement but not his labor costs and the customer receives the wool.
דף ק"א
A craftsman who deviated from the customer's request
According to רבי מאיר if the customer gave him wood for a chair and he built a bench he pays the customer the value of the wood. He is similar to a thief that acquires the chair through its transformation. According to רבי יהודה he is entitled only to whichever payment is less, the improvement or the expenses. רבי מאיר agrees where he did a poor job building a chair the law is like רבי יהודה because he did not acquire the chair through a שינוי but ruined it on some level.
Dye absorbed in wools tangible or not intangible
If a thief used stolen dye to dyed wool is he liable to return it to the owner. If he stole the raw material then the thief transformed it into dye so the most would be his obligation to pay its value. If he stole the liquid that the wool absorbed even if the dye is intangible since it can only be seen, here also he has to pay for the dye that he used. On the other hand even if we say the dye in the wool is extant how can he return it by washing it out!
If he stole both the dye and the wool from the same person, each ones claim would cancel the other. The victim must pay him for the improvement (amount depends on owners intentions) and the robber for the dye. However, even if the absorbed dye is intangible, it is deemed a return stolen object because the wool and dye combine to the value of the theft, unless the price of dyed wool is cheaper than the items separated.
Another solution is that he stole the dye and used it to dye the victim's monkey. In this case there was no improvement. If the dye is intangible, the thief will have to return some other dye.
The last solution is a monkey dyed the wool of one with dye of another. The owner of the dye claims his dye in court. If the absorbed dye is intangible then he has no claim against the owner of the wool.
Appearance as something tangible in relation to ערלה שביעית דם
The גמרא explains that even if color is intangible the verse concerning ערלה mentions three times the word ערלה one to prohibit even visual benefit. Similarly in regard to שמיטה the verse says יובל היא קדש תהיה לכם the word תהיה means it remains as is even after it is absorbed it is still prohibited for use.
Although there is a משנה that says a רביעית of human blood absorbed in a garment is מטמא only after washing it out and there still remains a רביעית are the vessels in the house טמא that is no proof that something absorbed is not tangible. In the case of דם תבוסה, blood that it is uncertain if it emerged before the person died or after, although the רבנן are מחמיר and it is מטמא, it is only if by washing it there remained a רביעית.
VIDEO TO FOLLOW:
IMPORTANT LINKS:
FACTS YOU MAY WANT TO CHECK OUT ABOUT YESHIVAS RABBI AKIVA:
Yeshivas Rabbi Akiva is a warm and vibrant place of learning for +40 adult men. It's location in the Old City makes it a compelling learning center for those interested in growing spiritually. It accommodates Jewish students from all backgrounds, both experienced and beginners.
