Saturday 10 September 2016

Bava Kamma 102: Benefitting from Unusual Shemita Produce?: More Deals Gone Wrong

We know that it is forbidden to benefit from produce grown during Shemita, the Sabbatical Year. Our daf begins with arguments about what might be permitted to be transferred into the Shemita year - wine used for something other than drinking?  Produce or other items used to help clean/soak/launder?  Produce used medicinally in a poultice? Wine or something like wine that is used as a perfume for the home?

We learn from this about some of the creative practices used by our ancient relatives.  They would soak their clothing with wine or charcoal to help with cleaning.  They might have softened flax in this manner, as well.  They scented their homes - at least, the more wealthy families scented their homes - with something as pungent and fermented as wine.  What must their homes have smelled like without that added scent?  It is notable that these questions are asked at all.  

This reminds me that the rabbis looked to things that were 'unusual' as exceptions to the rule.  For example, one cannot carry on Shabbat unless one is carrying in an unusual manner.  Shabbat is thus distinguished from other days.  Similarly, the rabbis wonder whether 'unusual' use of Shemita produce might be permissible.  A reasonable question.

The Gemara considers those who go against the terms of their agreements.  When loans are agreed upon and then conflict arises; when a dyer errs in his work; when an agent buys the wrong thing.  Damages are assessed based on the value of the item before the exchange of items.  As well, the rabbis consider whether and by how much the item has been devalued or enhanced.  These circumstances are compared with those of men who consecrate more than their own property to the Temple - their wife's clothing; their children's belonging.  Are there times when individuals are compelled to sell their belongings through a third party, perhaps if the Exhilarch were involved (or said to be involved)?

Beyond providing us with strict guidelines on how to assess damages, these are deeper questions of where ownership begins and ends.  Who is permitted to benefit from which resources?  How do we assign both responsibility and blame to individuals for their actions within a society?  The rabbis dissect different cases piece by piece in an effort to identify (possibly Divine) patterns and principles to guide our behaviour.


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