דף צ"ט
A craftsman broke something given to him to repair
According to רב אסי the Mishnah discusses only the case where a carpenter was given a finished product to repair such as adding nails or screws to a closet. However if he was given wood to build the closet and it broke after he finished building it he does not pay for damaging the closet only for the wood he received from the customer
Reason:
אומן קונה בשבח כלי meaning the carpenter acquires the improvements which he sells to his customer. He sells that to the customer minus the value of the raw material. He is part owner even though none of the materials are his. We do not view him simply as a wage earner. However where it is common practice for the customer to supply all the materials such as wool and dye to a wool dyer even if the wool absorbed the dye before burning he does not acquire the improvement. He must pay for the ruining the dyed wool.
One who delays payment of a laborer generally for more than twelve hours after the labor is completed violates the לאו דלא תלין
According to רב אסי that the craftsman acquires the improvement this prohibition applies only where the worker is payed for his work regardless if he improves the product like paying a fuller for every step a certain fee.
A delayed contractor's fee
A mailman is contracted to deliver a letter. He is paid a set fee for the delivery not an hourly wage. There are no improvements involved. According to רב ששת if the hirer delays his fee he violates לא תלין.
The גמרא suggests רב אסי's principle is an argument between רבי מאיר וחכמים. However the גמרא suggests three alternative explanations
The case concerns a woman who gives gold to a jeweler to make her jewelry. She offers herself in marriage in place of his fee. רבי מאיר holds she is married to him when he gives her the jewelry. The חכמים disagree.
1. Both agree ישנה שכירות מתחילה ועד סוף. His fee accumulates from the time he begins his work. Both agree one cannot marry a woman by forgoing a loan. רבי מאיר must hold that the jeweler acquires the improvements and is giving her his share whereas the חכמים hold he does not acquire the jewelry minus the gold.
2. Both agree the craftsman does not acquire the improvements but they argue when the customer is required to pay a workers fee. רבי מאיר holds one is required only when the worker finishes the work. Therefore he can marry her when he gives her the jewelry by forgoing his fee. The חכמים hold the payment is incremental.
3. Both agree that the obligation to pay is incremental. They argue whether one can marry a woman by forgoing a loan.
4. The jeweler added an ornamental stone. According to רבי מאיר when he gives her the jewelry her consent to marriage is based on the tangible stone he is giving her as the כסף קידושין rather than his forgoing the intangible loan. The חכמים hold her mind is on his forgoing the loan which is a more significant benefit. Both hold one cannot marry by forgoing a loan.
The גמרא brings an argument between שמואל ורבי יוחנן concerning one who is qualified who makes a mistake is it considered negligence
שמואל holds a professional who fails to perform his work properly constitutes negligence whether paid for his services or not because he is expected to take the proper precautions when performing the work and not just rely on his expertise. An example would be a שוחט that performs an invalid slaughter. He is liable even if he slaughtered for free.
He holds like רבי מאיר who holds one liable who trips while carrying a pitcher and injures another from the broken shards, he is liable. His tripping is considered negligence.
רבי יוחנן holds that an expert is liable only if he collects a fee for his services. His status is one of a שומר שכר that pays for אונס as a damager. If he performs his service for free he is similar to a שומר חינם who pays only for negligence. Here he is exempt.
IMPORTANT LINKS:
RECEIVE EMAIL ALERTS AS DAF IS POSTED:
LIKE OUR FIVE MINUTE DAF YOMI FACEBOOK PAGE:
MEET THE RABBIS OF YESHIVAS RABBIS AKIVA:
JOIN JEWS ACROSS THE GLOBE:
LISTEN TO THE SHOFAR AT THE WESTERN WALL:
SEE WHY THIS NEW DAF YOMI INITIATIVE IS A GAME CHANGER:
ASK RABBI WEISS A QUESTION:
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.
