דף ק"ב
Does wood have קדושת שביעית
The last issue of the previous דף was a contradiction brought by רבא concerning wood. One ברייתא says that woody substances that grow wild, are used as dyes that grow during שמיטה have קדושת שביעית whereas another ברייתא says that leaves used as animal food have קדושה but used for fuel do not.
רבא answered קדושה applies to growths that are הנאתן וביעורן שוה, their benefit is simultaneous with their consumption as in the case of dyes absorbed in cooked water. Wood where the benefit comes only after it becomes charcoal does not have קדושה.
The גמרא explains this as a מחלוקת תנאים
Introduction:
The verse defines what growths have קדושת שביעית: והיתה שבת הארץ לכם לאכלה. It uses the term לכם which is more inclusive than לאכלה including needs other than eating. The word לאכלה limits it. The argument is based on how to balance these two terms.
רבנן – One cannot use שמיטה wine for laundering and retting. Since it says לכם לאכלה the word לאכלה limits other benefits that are not similar to eating. Therefore only a benefit that is הנאתן וביעורן שוה is permitted. The consumption of wine and its benefit when laundering and retting are not simultaneous. The wine is unusable as soon as the clothing or flax stems are placed in it.
However the benefit in both cases is only after it soaks for a period of time.
רבי יוסי – He holds the factor is שוה לכל אדם. If the use is common to all then it is like eating. He therefore includes laundering and excludes using it for medicinal purposes that only sick people need. He would exclude also זילוף sprinkling aromatic wine or as using wine to regurgitate after eating too much.
רב הונא said הלכה כרבי יהודה in the Mishnah that the customer pays whatever is less the improvement or investment
רב יוסף saw no need to state the הלכה is like רבי יהודה. It can be derived from the structure of the משניות based on a principle that מחלוקת ואח"כ סתם the הלכה follows the סתם. רב יוסף held this rule applied even from בבא קמא to בבא מציעא because all the בבות were one tractate. In בבא מציעא it says: כל המשנה ידו על התחתונה without mentioning רבי מאיר. רב הונא held the rule does not apply to two tractates.
If an agent deviates from client's investment instructions
One ברייתא says the agent keeps all the profits; the other says he shares the profits with the client
רבי אלעזר – He explains that both ברייתות follow the opinion of רבי מאיר. A deviation for personal use such as where he built a bench instead of a chair and the customer needs a chair רבי מאיר holds he is similar to a thief because the client was particular about the deviation. However in the case of an investment, the client's main objective is to make money. If the agent invests in something else profitable he is not particular.
רבי יוחנן – The ברייתא that says the agent acquires all is רבי מאיר who holds since he deviated from the clients instructions he is similar to a thief. The ברייתא that says they share the profit is רבי יהודה who holds a deviation is not an act of theft.
However, both theבני מערבא and רבי אבהו hold that even according to רבי יהודה he can share the profits only if he did not deviate from the clients instructions because if he misrepresents the client he is not his agent even where the investment is the clients and only the agent will acquire from the seller. רבי יוחנן holds since the agent is using the client's money, the seller transfers to the client as well.
In a case where a man made a vow to the Temple, the treasurer cannot take collateral from clothing he made for his wife or children because he paid with his money. Although he legally represents them, the seller's intent is to transfer the clothing to him. Still the treasurer cannot take them because as soon as he acquired them he fully intended to transfer ownership to them.
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