Commentary for Bava Kamma 238:21

<br><br><big><strong>הדרן עלך הגוזל בתרא וסליקא לה מסכת בבא קמא</strong></big><br><br>

IF THEY WERE BLACK UPON A WHITE SURFACE HE MAY REMOVE THEM ALL AND THEY WILL BELONG TO HIM. Rab Judah said: A washer is named Kazra,<span class="x" onmousemove="('comment',' Lit., 'shortener'. ');">¹³</span> and he takes the Kazre.<span class="x" onmousemove="('comment',' Lit., 'the shortening'; i.e., that which resulted from the garment having become shorter. ');">¹⁴</span> Rab Judah again said: All the [three] threads can be reckoned for the purpose of tekeleth<span class="x" onmousemove="('comment',' Lit., 'blue' riband to be put among the zizith (the 'fringes') on the borders of garments in accordance with Num. XV, 38; if the three threads were not taken away by the washer, they need not be removed for the sake of Zizith as they will be included in the measure of the first joint of the thumb required to be between the hold and the edge of the garment, for which v. Men. 42a. ');">¹⁵</span> though Isaac my son is particular about them.<span class="x" onmousemove="('comment',' To cut them off. ');">¹⁶</span> IF A TAILOR LEFT A THREAD SUFFICIENT TO SEW WITH. How much is SUFFICIENT TO SEW WITH? — Said R. Assi: The length of a needle and beyond the needle. The question was raised: [Does this mean] 'the length of a needle and as much again as the length of the needle,' or perhaps 'the length of the needle and anything beyond the needle'? Come and hear: If a tailor left a thread which is less than sufficient to sew with or a patch less than the width of three [fingers] by three [fingers], if the proprietor is particular about them they would belong to the proprietor, but if the proprietor is not particular about them they would belong to the tailor.<span class="x" onmousemove="('comment',' Tosef. B.K. XI. ');">¹⁷</span> Now, there is no difficulty if you say that 'the length of a needle and beyond the needle' means as much again as a needle, for a thread less than that can still make a clip;<span class="x" onmousemove="('comment',' Lit., 'is fit as a pin' (fast.) as in the case of a seam. ');">¹⁸</span> but if you say that 'the length of a needle and anything beyond the needle' for what purpose could a thread which is less than this be fit? — We may therefore conclude from this that it means 'the length of a needle and beyond the needle as much again as the length of the needle.' This proves it. WHATEVER A CARPENTER REMOVES WITH THE ADZE BELONGS TO HIM, BUT THAT WHICH HE REMOVES BY THE AXE BELONGS TO THE PROPRIETOR. A contradiction could be raised from the following: Whatever a carpenter removes with the adze or cuts with his saw belongs to the proprietor, for it is only that which comes out from under the borer or from under the chisel or is sawed with the saw that belongs to [the carpenter] himself!<span class="x" onmousemove="('comment',' Tosef. B.K. XI. This ruling, that whatever he removes with the adze belongs to the proprietor, thus contradicts the Mishnah which roles that it belongs to the carpenter. ');">¹⁹</span> — Said Raba: In the place where our Tanna [of the Mishnah lived] two kinds of implements were used, the larger called 'axe' and the smaller called 'adze', whereas in the place of the Tanna of the Baraitha there was only one implement [i.e., the larger] and they still called it 'adze'.<span class="x" onmousemove="('comment',' But was in fact the 'axe' of which it is mentioned in the Mishnah that whatever be removed by it belongs to the proprietor. ');">²⁰</span> IF HOWEVER HE WAS WORKING ON THE PROPRIETOR'S PREMISES EVEN THE SAWDUST BELONGS TO THE PROPRIETOR. Our Rabbis taught: Workmen chiselling stones do not become liable for robbery [by retaining the chips in their possession]. Workmen who thin trees or thin vines or trim shrubs or weed plants or thin vegetables, if the proprietor is particular [about the waste materials] become liable for robbery, but if the proprietor is not particular about them they will belong to the employees.<span class="x" onmousemove="('comment',' Tosef. ibid. ');">²¹</span> Rab Judah said: Also cuscuta<span class="x" onmousemove="('comment',' I.e., cucumbers or melons in an early stage when they are pubiscent' (Jast.). ');">²²</span> and lichen<span class="x" onmousemove="('comment',' Young green cereal. ');">²³</span> are [under such circumstances] not subject to the law of robbery, though in places where proprietors are particular they would be subject to the law of robbery. Rabina thereupon said: Matha Mehasia<span class="x" onmousemove="('comment',' I.e., the city of Mehasia or Mahesia; a suburb of Sora. V. B.B. (Sonc. ed.) p. 10, n. 1. ');">²⁴</span> is a place<span class="x" onmousemove="('comment',' Abundant in cattle; Rashi a.l. and Rashbam, B.B. 36a; and thus in great need of fodder. ');">²⁵</span> where the proprietors are particular about them.<span class="x" onmousemove="('comment',' V. Hor. 12a. ');">²⁶</span>

Explore commentary for Bava Kamma 238:21. In-depth commentary and analysis from classical Jewish sources.