Bava Kamma - Daf 99
- אומן קונה בשבח כלי regarding בל תלין
The Gemara seeks to disprove that a craftsman acquires the utensil’s improvement from a Baraisa discussing the prohibition of delaying a laborer’s wages overnight. If a craftsman completed work on a cloak given to him and informed the owner, but did not return the cloak, the owner does not transgress the prohibition, even ten days later. However, if he returned the cloak midday, כיון ששקעה עליו החמה – as soon as the sun sets on him, עובר עליו משום בל תלין – he transgresses on its account the prohibition “[a laborer’s wages] shall not remain overnight with you,” because the wages are owed as soon as the cloak is returned. If the craftsman acquires the improvement, and his wages are considered payment for a “sale,” there should no violation of בל תלין!? Even if he was hired to soften the cloth, that improvement would also be acquired! The Gemara answers that he was hired to stamp on the cloth, ביטשא ביטשא במעתא – a ma’ah for each stamping, meaning he is paid for his acts, and not the cloth’s improvement, so he does not acquire it. Rav Sheishess said that קבלנות – contractual work (work paid for completing a task) is subject to בל תלין. The Gemara concludes he can agree that אומן קונה בשבח כלי, and is discussing a letter carrier (for example), where the item is not improved.
- עשה לי שירים נזמין וטבעות (If שכירות מתחילה ועד סוף)
The Gemara suggests that the question of אומן קונה בשבח כלי is a machlokes Tannaim: a woman handed gold to a craftsman and said: עשה לי שירים נזמין וטבעות - Make for me bracelets, earrings, or rings with this, ואקדש לך – and in return, I will become married to you. Rebbe Meir says she is married as soon as he makes them (and gives them to her), but the Chachomim say, as the Gemara explains, that he must give her other money, but this jewelry would not effect kiddushin. The Gemara assumes everyone holds ישנה לשכירות מתחלה ועד סוף והוה מלוה –wages become owed from the beginning of the work until the end, and that kiddushin made with a loan is ineffective. Since each perutah’s-worth of work would become owed to the laborer as it is done, accumulating debts to the craftsman, giving her the finished product would not effect kiddushin. Rebbe Meir must hold אומן קונה בשבח כלי, so the craftsman is marrying her with his share in the jewelry, and the Chachomim disagree. Three other interpretations of this machlokes are given.
- טבח אומן שקלקל
Shmuel said: טבח אומן שקלקל – An expert slaughterer who was given an animal to shecht, and he ruined it by shechting improperly, rendering it a neveilah, חייב לשלם – he is liable to pay the owner. מזיק הוא פושע הוא – He is a damager, he is negligent, נעשה כאומר לו שחוט לי מכאן ושחט לו מכאן – it is like [the owner] said to him, “Shecht for me here,” at the trachea and esophagus, and he shechted for him in a different place. The second phrase adds that even if he shechted it for free, he is still liable for his negligence. Shmuel was challenged from a Baraisa exempting an expert slaughterer, and he explained that his ruling followed Rebbe Meir’s opinion, that מבעי ליה למירמי אנפשיה – one must pay attention to avoid damaging another. This is explained to refer to his ruling that נתקל פושע הוא – one who trips is negligent. Later, the Gemara establishes that Rebbe Yochanan obligates an expert who was paid to shecht and made it a neveilah but exempts one who shechted for free.
