Bava Kamma - Daf 102
- Shemittah fruit used for laundering, or plaster
The Gemara established that wood is not subject to kedushas shevi’is, because its benefit (baking) is after its consumption (burning into coals). It asked that oily wood may be used for a torch (where the benefit and consumption are simultaneous), and Rava answered: סתם עצים להסקה הן עומדין – wood generally stands for fuel usage and not light, and it therefore possesses no kedushas shevi’is even when he collects it for light. The Gemara says this is a machlokes Tannaim. One Tanna says shemittah fruit may not be used, לא למשרה ולא לכבוסה – neither for a soaking pool of flax, nor for a laundering pool, even where it was picked for that purpose, but Rebbe Yose says it is permitted when it was picked for it. The Rabbonon darshen "לאכלה" – to eat to exclude these uses, but Rebbe Yose darshens "לכם" לכל צרכיכם – “for you,” meaning for all your needs. The Rabbonon say that "לכם" includes uses similar to eating, where the benefit and consumption are simultaneous, as opposed to laundering. Rebbe Yose says "לאכלה" excludes למלוגמא – using for a medicinal plaster. He holds that laundering is included, ששוה בכל אדם – because it is common to all people, as opposed to plaster, which is only needed for the sick.
- הנותן מעות לשלוחו ליקח לו חטין ולקח מהם שעורין
A Baraisa teaches that if someone gave a shaliach money to buy wheat (to sell at a higher price and split the profits), and instead the shaliach bought barley, or the reverse, אם פחתו פחתו לו – if they depreciated, they depreciated for [the shaliach], ואם הותירו הותירו לו – and if they appreciated, they appreciated for him (i.e., the shaliach takes all losses and gains, and repays the investor’s capital). Another Baraisa says they divide the profits (but the shaliach takes all losses). Rebbe Yochanan explains that the first Baraisa is Rebbe Meir, who taught on Daf 100b (regarding dyeing wool the wrong color) that one who deviates from instructions is deemed a robber. Therefore, this shaliach acquires the produce with the stolen money. The second Baraisa is Rebbe Yehudah, who disagrees. Rebbe Elazar says that even Rebbe Meir only considers him a robber regarding מידי דחזי ליה לגופיה – something fit for [the owner’s] personal use, so he is particular about his instructions. However, if the purchase was made לסחורה – for commerce (as an investment), the owner is not particular about his instructions, provided the investment yields a gain. Therefore, both Baraisos can be Rebbe Meir, where the first is a purchase for consumption, and the second is a purchase for commerce.
- וכי מי הודיעו לבעל חטין שיקנה חטין לבעל מעות
In the West (Eretz Yisroel), they mocked Rebbe Yochanan’s interpretation, that the second Baraisa is also discussing a significant deviation from his instructions: According to Rebbe Yehudah, how does the investor acquire a share of the grain when the shaliach disobeyed him? וכי מי הודיעו לבעל חטין שיקנה חטין לבעל מעות – Who informed the owner of the wheat that he should transfer wheat to the owner of the money, instead of the shaliach? Rav Shmuel bar Sasrati challenged this reasoning, arguing that even when a shaliach purchases wheat as he was told, no one informed the seller to transfer wheat to the investor!? Rebbe Abahu answered that when he purchased wheat as he was told, שליחותיה קא עביד – he is performing his agency, וכי בעל הבית דמי - and is considered like the homeowner (investor) himself, so he may perform a transaction on the investor’s behalf.
