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Bava Metzia 030: Zaken v'Eino l'Fi Kevodo
Gershon Dubin <[EMAIL PROTECTED]> asked:
In B"M 30b a story is told of Rabbi Yishmael b"r Yosi who paid the owner of
wood half a zuz to buy the wood rather than help him load it up. Although
he was a zaken ve'enah lefi kevodo, this was lifnim mishuras hadin. He
then was mafkir the wood, the former owner repossessed it, and RYB"Y paid
him again. The third time the fellow tried to take the wood, and RYB"Y
told him, shelo kehalacha, that it was hefker to all others but to him.
My question is, why did he pay him the second time rather than explain that
he had no obligation to help him? Also, why did he think the man would
stop at twice? Finally, by what right did he distort the halacha of hefker
le'aniyim in order to not explain to the man what and why he was doing?
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The Kollel replies:
The Meforshim write that Rebbi Yishmael did not want to take advantage of
the crown of Torah and therefore did not tell him that he was Patur.
However, when actually one is Patur it seems that one may fool the other party.
D. Zupnik
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