דף צ"ז
Seizing a fellow Jews slave to work him during his time of leisure
Although slaves in general are profitable, that is they work more than they consume, and working him overtime would somewhat weaken him, the master consents to this so his slave does not become lazy. This concept is זה נהנה וזה לא חסר. Similarly, one who uses a vacant apartment without the owner's permission and the owner does not usually rent it he does not have to pay rent. However if the slave's master owes him money he cannot work him because it appears as interest on the loan.
Seizing a fellow Jews boat - Introduction
A thief is liable to pay damages even for אונס but not rent whereas a renter is obligated a rental fee but not charged with damages beyond his control
רב says he can claim either damages or a rental feel; שמואל says he can only claim damages. The גמרא explains that they are discussing two different circumstances
1. According to רב the owner generally rents his boat. Therefore he can treat him as one who intended to pay rent and charge him rent. If the damage is more than the rent he can treat him as a thief and make him pay damages since he used it without the owner's permission. According to שמואל the owner does not rent his boat so he is assumed to be thief who only pays for its depreciation.
2. According to רב he intended to pay rent even though he seized the boat without the owner's permission. Therefore he can charge him rent. According to שמואל he did not intend to pay. He can only charge him for damages as a robber.
גזל מטבע ונסדק משלם כשעת הגזלה. מטבע ונפסל אומר לו הרי שלך לפניך
There are two different interpretations in the גמרא as to the meaning of נסדק ונפסל.
1. רב הונא – נסדק means cracked; נפסל means coins removed from circulation by royal decree. The גמרא distinguish the latter from stolen spoiled fruit or wine that turned into vinegar. Although the coins are unusable they did not change physically therefore the thief can return them whereas the smell of the fruits and wine have changed therefore he must pay the victim according to their value כשעת גזלה.
2. רב יהודה – נסדק means removed from circulation by royal decree; נפסל ceased to be currency in that place. The גמרא distinguishes the case of נסדק where the law is according to רבי יהודה he has to pay כשעת גזלה from תרומה that became טמא that he can sayהרי שלך לפניך because the old coins that are out of circulation are different than the new coins whereas the תרומה טמא has no discernible difference.
Merchandise taken on consignment to be paid later by currency disqualified
The גמרא brings an argument between רב ושמואל. רב holds he must pay with new currency; שמואל holds even with the old currency as long as it is currency in some place. According to רב נחמן, he can pay with the old currency only if the seller intends to travel there. According to רש"י, their argument applies only to a purchase on consignment and not to a loan. In the case of a loan he can return even the old currency.
Coins used to redeem מעשר שני
A ברייתא states that coins that are currency somewhere in the world can be used to redeem מעשר שני even though the money has to be spent in ירושלים. Apparently the definition of currency does not depend on the recipient travelling to the place where it circulates!
However שמואל requires the person to travel there only where kings do not permit their citizens to keep foreign currency but do not check everyone so carefully so as long as the money is concealed it will not be confiscated. Therefore the seller can travel with the money where it circulates. The ברייתא of מעשר שני refers to kings that do not object to their citizens being in possession of foreign currency so the merchants in ירושלים can pass individual currencies to people travelling there.
In cases where kings actively search people to confiscate foreign currency even coins ofארץ ישראל cannot be used to redeem מעשר שני when in another land since they are likely to be confiscated.
However if it is the currency of the land where he is presently located he can redeem מעשר שני because he can purchase an animal wherever he is and consume it ירושלים.
Because of these issues when we were a sovereign nation all currencies were acceptable in ירושלים. However when foreign powers ruled we could no longer control currency issues.
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