Bava Kamma - Daf 100
- לפנים משורת הדין
The previous Daf relates an incident in which a woman showed a dinar to Rebbe Chiya, who told her the coin was good, and she accepted it based on his judgment. She returned the next day and said that she was told it was a bad coin and could not use it as currency. Rebbe Chiya told Rav to exchange it for her, and to write into his ledger: דין עסק ביש – this is a bad occupation (i.e., taking losses needlessly for advice he should not give). The Gemara wonders why Rebbe Chiya was liable, since he was a great enough expert to be exempt. It answers: לפנים משורת הדין הוא דעבד – he went beyond the letter of the law in compensating her, for he was indeed exempt. Rav Yosef taught a Baraisa which darshens: "והודעת להם" זה בית חייהם – “And you shall make known to them;” this refers to their livelihood. "את הדרך" זו גמילות חסדים – “The way;” this refers to performing kindness. "ילכו" זו ביקור חולים – “[That] they shall walk;” this refers to visiting the sick. "בה" זו קבורה – “In it;” this refers to burying the dead. "את המעשה" זה הדין – “The actions;” this refers to observing the law itself. "אשר יעשון" זו לפנים משורת הדין – “That they shall do;” this refers to going beyond the letter of the law.
- רבי מאיר דאין דינא דגרמי
Reish Lakish showed a dinar to Rebbe Elazar, who told him it was a good coin. Reish Lakish told him he was relying on him and explained that if it were found to be bad, Rebbe Elazar would be responsible to exchange it. This is because Reish Lakish rules like Rebbe Meir, דאין דינא דגרמי – who judges the law of “garmi,” obligating payment for certain cases of indirectly causing damage. The Gemara seeks the source that Rebbe Meir judges the law of גרמי. After rejecting several suggestions, it quotes a Baraisa: מחיצת הכרם שנפרצה – If a vineyard wall separating it from a grain field was breached, אומר לו גדור – [the field’s owner] says to [the vineyard’s owner], “Wall up the breach,” so the grain does not grow 1/200 while it is breached. If it was breached again after repair, he tells him again to close it. נתייאש ממנה ולא גדרה – If [the vineyard’s owner] abandoned the breach and did not wall it up, and it grew an additional 1/200, הרי זה קידש – he has rendered the grain condemned as כלאים, and prohibited in benefit, וחייב באחריותו - and is responsible for any loss of the grain. Tosafos explains how the Gemara knows this Baraisa was authored by Rebbe Meir.
- A dyer who improperly dyes wool given to him
The next Mishnah states: הנותן צמר לצבע – One who gives wool to the dyer to dye for him, והקדיחו יורה – and the cauldron burned it because he overheated it, he must pay the wool’s value, because it was ruined through his negligence. צבעו כאור – If he dyed it poorly, using dye residue, thereby improving it only somewhat, the owner gives him either the dyer’s expenses, or the improvement to the wool, whichever is less. לצבוע לו אדום וצבעו שחור – If he gave him wool to dye red for him, and he dyed it black, or the reverse, Rebbe Meir says: נותן לו דמי צמרו – he pays him wool’s original value, because Rebbe Meir considers his deviation from his instructions as “stealing” the wool, so he acquires it with the שינוי of coloring. Rebbe Yehudah disagrees, and says he pays either the dyer’s expenses, or the wool’s improvement, whichever is less.
