Thursday 8 September 2016

Bava Kamma 100: Damage Done By Dying Wool

To prove that it is praiseworthy to follow even more than the letter of the law, Rav Yosef teaches the meaning of each phrase in Exodus (18:20): And you will show them the way wherein they must walk and the work that they must do.

  • "And you will show them" refers to the core of existence, which is Torah study;
  • "the way" is a reference to acts of kindness, as we emulate G-d's kind ways; 
  • "wherein" speaks of burial of the dead;
  • "they must walk" means that we visit the sick;
  • "and the work" reminds us that we must keep the law;
  • "that they must do" tells us that we should do even more than the letter of the law in our actions.
The rabbis discuss whether extra care should be taken to ensure that rabbis judge appropriately when it comes to the value of a dinar.  The Gemara reminds us that Bechorot 28 (b) instructs judges to reimburse people from their own personal accounts if they judge incorrectly (acquits someone guilty, sentences an innocent person, mistakes the status of pure or impure items).

Examples of craftspeople or others damaging objects due to their direct actions.  This might be done by dying wool red instead of black or black instead of red; by invalidating someone's grapevine by joining it with diverse kinds (which is forbidden) in different ways.  The rabbis understand that restitution must be paid for damages done through direct action.  However, they concede that in some circumstances, damages are paid for indirectly causing damage, as well.

A new Mishna ends amud (b).  It tells us that when wool is burned in the cauldron while it is being dyed, the dyer gives the owner the value of the lost wool.  If the wool was dyed incorrectly - the dye soaked in unevenly or was unattractive - the wool may still have been enhanced; its value increased.  In that case, the owner pays the dyer any of the dyer's expenses that exceed the enhancement.   

If the wool was dyed red instead of black or black instead of red, Rabbi Meir says that the dyer pays the owner the value of his/her wool.  Rabbi Yehuda says that if the value of the enhancement exceeds the dyer's expenses, the owner pays for the dyer's expenses.  If the expenses exceed the enhancement, the value of the enhancement is provided.  These considerations reflect the rabbis' understanding of what constitutes payment for a craftsperson's work.

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