Whose Money is it?

By: Reb Yechezkel Khayyat

The Gemora (Bava Kamma 76a) discusses the opinion of Rabbi Shimon, that something that can cause someone monetary loss is tantamount to being that person’s money. The Ra’avad rules like Rabbi Shimon, and therefore considers hekdesh for which the makdish is responsible (harei alai) to be the property of the makdish. Therefore, according to the Ra’avad, if someone steals such hekdesh, he must pay full damages (including kefel and dv’h) to the makdish.

The Rambam (Geneivah 2:1), however, rules like the Chachamim, as this is the anonymous Mishna’s position. Therefore, in all cases of hekdesh articles that are stolen, the thief is not liable to pay any damages to the makdish. The Rambam first states that one who steals from hekdesh does not pay kefel, and quotes the verse yeshalem shnaim l’reyeyhu’ – he should pay double to his peer, excluding hekdesh, which is not his peer. Then, the Rambam applies this equally to all hekdesh – irrespective of the makdish’s responsibility – and quotes the verse of v’gunav mibeis ha’ish – and it was stolen from the home of the man, excluding hekdesh, which is not a man.

Tosfos (63a rayayhu) ask why the Gemora on 62b uses reyeyhu to exclude hekdesh, while our Gemora uses the verse of ha’ish to exclude hekdesh. While Tosfos explains that both are actually being learned from reyeyhu, the Lechem Mishnah states that the Rambam was implicitly addressing this question by quoting the different verses. The verse of reyeyhu is the fundamental source for excluding hekdesh from theft payments. However, the extra verse of ha’ish is the source for our ruling that this applies to all hekdesh – whether the makdish is responsible for it or not.

The Rishonim and Achronim discuss the exact formulation and rationale behind Rabbi Shimon’s opinion. Some of the facets discussed are:

1. At what point is it considered money? Does this begin while it’s in the responsible person’s property, simply because it can cause him to lose money, or is it only once it’s been removed from his property?

2. Is the obligation of one who harms such an item simply because he has caused a monetary loss, or because the holder’s responsibility created a status of money in the abstract? Another formulation of this question is – when one pays for damage to such an article, is it because of the damage done (which now includes monetary loss), or because the item is considered the property of the holder?

3. The Gemora in Pesachim (5b-6a) discusses Rabbi Shimon’s opinion in the context of chametz on Pesach. The rule established by the braisa quoted there is that the chametz of a non Jew in a Jew’s possession is considered the Jew’s only if the Jew is responsible for it. The Gemora debates whether this is a function of Rabbi Shimon’s opinion, or an exception to the ruling of the Chachamim. The exact application of this rule in the case of Chametz may depend on this debate. If chametz is a function of Rabbi Shimon’s opinion, it may be subject to the possible limitations and definitions of Rabbi Shimon’s general position on such items. If, however, it is an exception to the ruling of the Chachamim, the Torah is telling us a more sweeping statement about how we determine ownership for chametz on Pesach. One ramification of this may be how responsible for the Chametz a Jew must have in order to be obligated to remove it.

See the Ketzos Hachoshen 386:7 and Afikei Yam 2:10 for more detailed discussion of these topics.

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As if it is in his Possession

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Rabbi Elozar said in the name of Rabbi Yishmael (Bava Kamma 29b) : There are two things which are not legally in one’s possession and the Torah views them as if they are in his possession. One thing is a pit that one digs in a public domain, and even though he does not own the public domain, he is responsible for any liability that occurs regarding the pit. Similarly, one cannot have benefit from chametz after the sixth hour on the fourteenth of Nissan, and the chametz is rendered as ownerless, but one who retains chametz after the sixth hour is considered to have violated the transgression of owning chametz when it is prohibited to own chametz.

Rashi seems to say that the chametz is regarded as his only in the sense that he is held accountable for violating the two commandments of “chametz being seen in his possession” and “leaven being found in his house.” However, he does not actually own the chametz.

Similarly, the Meiri writes with respect to the pit. If there is water in the pit, everyone is allowed to draw water from there. The digger of the pit cannot prevent them from drinking the water by saying that he is the owner, for the Torah considers him the owner only with respect to liability for the damages.

The Chasam Sofer writes that if one would have chametz on Pesach and on Pesach, he would sell it to a gentile, he still would be liable, for the Torah considers it his. And so too, the halachah would be by a pit – if a gentile would acquire the pit, it would still be regarded as the digger’s pit with respect to liability for its damages.

The Noda Beyehudah disagrees and maintains that if without the prohibition of chametz, it would not be in the Jew’s possession, we do not say that the Torah treats it as if it is in his possession.

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Blessing after Coffee

The Tosfos Yom Hakippurim (Yoma 79b) wonders as to the necessity of reciting a blessing after one drinks coffee. Perhaps it should not require a blessing at all since a person does not drink a revi’is at once; rather, he drinks a little at a time, and it emerges that he does not drink a revi’is within the amount of time it takes to eat a peras (half a loaf of bread). Or, perhaps one might counter and say that this principle should only apply to other liquids, where one has the ability to drink it at once, but he chooses not to. However, coffee, which one cannot drink at one time, and on the contrary, it is natural to take short sips with long intervals in between, perhaps the entire drinking will combine to the required amount for the blessing to be recited.

He resolves this question from our Gemora (Daf Yomi: Nazir 36b) which states that if one eats the Babylonian kutach (a dip that has a minimal amount of chametz in it) in a “dip-like” fashion, he will not be liable for eating chametz on Pesach. This is because he did not eat it a k’zayis within the amount of time it takes to eat a peras. Now, it is not normal to eat a dip at once, and nevertheless, one is not liable for eating the dip in its normal fashion. This would prove that one should not recite a blessing after drinking a cup of coffee.

The Minchas Chinuch rejects the proof: One would not be liable because of the kutach. It is because of the chametz that is mixed into it. Chametz by itself is normal to eat a k’zayis within the amount of time it takes to eat a peras. Therefore, he is not liable on the dip when he eats it in a normal manner. However, with respect to coffee, it is usual to drink the coffee slowly, and therefore, one would be obligated to recite a blessing afterwards.

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Daf Yomi - Beitza 2 - Common Link

The Mishna cites various disputes between Bais Shammai and Bais Hillel.

Regarding an egg that was laid on Yom Tov, Bais Shammai rules that one can eat it on Yom Tov, whereas Bais Hillel maintains that it is forbidden to eat it on Yom Tov. Bais Shammai maintains that one is in violation of seeing chametz on Pesach when he sees chametz the size of a large date and Bais Hillel maintains that one will be liable even if he sees chametz that is the size of an olive. Bais Shammai maintains that if one slaughtered a deer or a bird on Yom Tov, he is allowed to dig with a shovel in order to obtain dirt which is necessary to fulfill the mitzvah of covering the blood of a slaughtered bird or wild animal. Bais Hillel, however, maintains that one should only slaughter on Yom Tov if he has prepared dirt prior to Yom Tov. Rashi and Tosfos both point out that these three disputes regarding Yom Tov have a common theme and that is that Bais Shammai rules leniently and Bais Hillel rules stringently.

The Shita Mikubetzes writes that this Tanna was referring specifically to the festival of Pesach and for this reason he cites a dispute regarding chametz on Pesach.

The Chasam Sofer explains that the discussion in the Gemara regarding the measurement of chametz, besides pertaining to the prohibition of seeing chametz on Pesach, is also relevant to the halachos pertaining to Yom Tov. If one would find chametz on the seventh day of Pesach that is less than the size of a large date, according to Bais Shammai he would not be required to destroy it on Yom Tov because it is less than the required amount of chametz that one would need to see in order to violate the prohibition of seeing chametz on Pesach. According to Bais Hillel, however, he would be obligated to destroy the chametz on Yom Tov.

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