Review test Flashcards
(114 cards)
1
Q
1) In the first משנה, what happens if the store owner remembers which person he sold the item to?
A
You listen to the store owner.
2
Q
2) Why are people nervous to make a שבועה
A
Because people are nervous to swear with Hashem’s name.
3
Q
3) Why can’t two people split the it em (or the value of the item) without swearing?
A
Because then people would lie.
4
Q
What is the הלכה in a case where A says, “It’s all mine”, and B says, “It’s half mine”?
A
A gets 75%, B gets 25% and they swear….
5
Q
What is the הלכה if two people agree that they both got on to an ownerless animal at the same time?
A
Sell it and split the money and swear.
6
Q
What happens if the two people disagree and both say, “It’s all mine”, but there are עדים that say they got on the animal at the same time?
A
You always trust and listen to witnesses.
7
Q
Explain the way a person needs to tell another person to pick up an item for him if he wishes to acquire it.
A
Can you please give me that item so I can acquire it.
8
Q
What is a way that he can say it where it won’t work and someone else can pick it up for themselves?
A
Can you give that to me?
9
Q
Can one fall on an item to acquire it?
A
No
10
Q
Explain when a person can have his field acquire an animal for himself and when he can’t
A
If the animal is injured it can acquire it for you.
11
Q
Name two people that acquire an item and it goes to the husband/father/owner, and 3 people that acquire an item and it goes to themselves.
A
Under bar/bat mitzvah, non-Jewish slave, wife. ….. vs. divorced wife, over bar/bat mitzvah or Jewish slave.
12
Q
Name 2 documents that need to be returned to the author as opposed to the person that it says in the document.
A
Divorced papers, will.
13
Q
Why do those 2 documents need to be returned to the author as opposed to the person that is says in the document?
A
Because maybe the author changed their mind. They could always give it back.
14
Q
Name 1 document that is returned to the person it says in the document.
A
Promise to pay the step-daughter.
15
Q
Why aren’t we worried that the author changed their mind?
A
Because only a judge can write this document so it is official and he can’t change his mind.
16
Q
What is the הלכה about a brand new item that you found? Why?
A
Keep it because there are no simanim or signs.
17
Q
Why don’t you have to announce bread of a baker that you found?
A
Because they all look the same.
18
Q
Name an item that you have to announce?
A
Homemade bread
19
Q
Why should you take a computer that is on top of a pile of dirt and announce it?
A
Because it is clear the person left it there accidently and it had a siman.
20
Q
What is the הלכה about a computer that is found under a pile of rocks? Why?
A
Keep it because the owner probably gave up hope in finding it
21
Q
What happens if you find a pair of sunglasses on the cashier’s desk?
A
It is the cashier’s because it is close to him and on his property
22
Q
What are the 2 opinions as to how long you need to announce an item for until you can keep it?
A
7 days until after the holiday
Until the neighbors hear about it.
23
Q
Explain why 7 days.
A
3 days to go home, 3 days to go to yerushalayim, 1 day to announce
24
Q
How is a רמאי different than other people when it comes to them claiming a lost object?
A
They are known to lie so you have to question the more.
25
Why are you allowed to use the milk from a cow in order to sell it so you can feed the animal?
Because otherwise no one would ever want to watch these types of animals/items.
26
What should you do with an item that will go bad by the end of the time you need to announce it (cake)?
Eat or sell and give the money to the person.
27
What do you need to do to clothing and books in order to take care of them while watching them?
Flip through them every 30 days.
28
When can you use gold vessels that you found?
Never because they don’t rust.
29
When can you use silver vessels that you found?
Allowed to use it for its own good.
30
Where is a cow considered a lost object that you can keep?
When it is in the middle of no where.
31
If a person loses money because he skips work in order to watch your object and wishes to get repaid for his missed time at work, what happens?
Minimum wage.
32
Why
Because you don’t know who is watching it for you and it wouldn’t be fair to base your payment on the person’s job.
33
If your father tells you to do something (כיבוד אב ואם) against the תורה, what do you do? Why?
Don’t listen to him because Hashem told us to honor them so it would be going against him.
34
Name the 4 שומרים in Hebrew and English.
Shomer Chinam - Free Watcher
Shomer Sachar - Paid Watcher
Shoel - Borrower
Socher - Renter
35
Which שומר has the least responsibilities? Why?
Shomer Chinam because they don’t get anything out of it (can’t use it) and don’t get paid.
36
Which שומר has the most responsibilities? Why?
Which שומר has the most responsibilities? Why?
37
What 2 options does a person have if he is watching an item for free and he either loses it or it gets stolen?
He can either:
Swear it was not his fault
Pay for it
38
What does כפל mean and what does it have to do with a גנב?
Double payment, you have to pay double if you are caught stealing.
39
When does a גנב pay 4 times the amount if he is caught?
If he steals a sheep.
40
Why is one animal 4 times and the other animal 5 times?
Because stealing a sheep is embarrassing because you need to carry it on your shoulder and it looks to others like you are stealing, so we make you pay less of a fine.
41
Who gets the כפל if the שומר pays? Why?
The Shomer. Because he took responsibility.
42
someone rents a cow and lends it to his friend and the animal dies who pays (מחלוקת)?
It’s a machloket…
43
Explain the מחלוקת.
One opinion says the person who rented it and the other says the person who borrowed it.
44
If a person admits to stealing $100 from one of 2 people, but he forgets, who gets the money?
Both of them because he admitted it.
45
Explain the case where two people give 1 guy $100 and $200
If two people give money to another to watch and he forgets who gave him 100 and who gave him 200…...
46
Explain the מחלוקת.
One person says he pays both $100 and the other $100 is left until Eliyahu. The other opinion says that this would encourage lying so no one gets any money if this happens.
47
What happens if you are watching fruit for a few weeks and they begin to spoil, why (מחלוקת)?
Eat them or sell them and give the money, other opinion says you can’t touch it because it is not yours.
48
Why is it normally expected for people to return fruit or barley with less than they came with?
Because mice were common back then and they would eat some of it.
49
Explain the מחלוקת.
TK- It depends on the amount of barley, the more the more the mice would eat. OR… mice only eat what they eat so only deduct the regular amount.
50
What does רֹ יהודה teach us regarding watching a BIG amount of barley?
You wouldn’t deduct anything because when you have a LOT, it will expand and cover the amount the mice ate.
51
How many percent can you take off of oil that you're watching?
3 percent
52
How about wine?
1/5th or 1/6th
53
What happens if the wine bottle is VERY old?
You don’t deduct for absorption.
54
What happens if the oil is VERY refined?
You don’t deduct for sediments.
55
What happens if you move an object and it breaks (that didn't have a specific place)?
It depends. If you moved it for the items own good (it may get damaged where it was) then you are patur, if not, you are chayav.
56
Name 2 cases where you didn't watch the items, "כדרך שומרים".
If you left it with little kids (under bar/bat mitzvah), or if you watch it irresponsibly (a sack of money thrown behind your back for instance).
57
When can a money changer be held responsible for losing money they were given? Why?
it was an open bag since then you are allowed to use it so we hold you more responsible.
58
May a regular person use money that is given to him to watch that is NOT tied up?
NO! Only a moneychanger.
59
Why is it called בבא מציעא?
It means the middle gate, because all the “Bava’s” used to be 1 big book, then they split it up into 3 sections. They learned the halachot by the cities gate. So since this is the middle of 3 books, it is called the middle gate.
60
If Steve bought food from Bob, and he took the food but didn’t pay yet, can he change his mind and return the food back? Why?
Yes, but this is frowned upon.
61
If Steve bought food from Bob, and he gave the money but didn’t take the food yet, can he change his mind and return the food back? Why?
Since you gave the money, the seller thinks he has “money in the bank”, so you would not be allowed to go back.
62
What are the 2 opinions as to how much you can overcharge another person?
16% and 33%
63
What are the 2 opinions as to how long a person has to return an item that he has been overcharged for?
The time it takes to go to an expert.
| 24 hours.
64
The people liked רֹ טרפון’s opinion, then changed their mind…. Explain what happened.
Initially they liked the fact they could overcharge MORE but then realized that people had a LONGER return policy. Therefore, they would prefer a smaller amount of gain and a SHORTER return policy.
65
What is רֹ יהודה’s opinion about who is responsible for overcharging/underpaying?
The buyer is NEVER responsible to tell if one is overcharging/underpaying.
66
What can a person do if he proves that he was overcharged?
He can demand money back.
67
How long does a person have to return an item in a big city?
Time it takes to go to an expert (day or two).
68
How long does a person have to return an item in a small town?
Until the end of the week (when people would go to the market)
69
Until the end of the week (when people would go to the market)
Give back the item AND 20%
70
Name three things that one can charge as much as he wishes for.
Name three things that one can charge as much as he wishes for.
71
Name 1 things that the משנה says we are not allowed to talk about.
Remember how bad you used to be?”
72
Who are you not allowed to sell wine that was mixed with water to and why?
Another store owner.
73
When does this rule not apply?
If it is in a city where everyone does it.
74
What do you need to do if you want to sell wine mixed with water?
Label it.
75
Why does all of this wine mixed with water stuff not apply nowadays?
Because everyone mixes wine and water nowadays.
76
Explain a מחלוקת between the חכמים and רֹ יהודה concerning how to attract customers in your store.
RY- You can not give out free things CH- You are allowed to do anything for business.
77
What does everyone agree that you can not do in your store and is considered improper business ethics?
False advertisement.
78
Be prepared to write a paragraph or two on why Jews are allowed to charge interest to non-Jews, but can’t to other Jews.
In short… Charging interest is not a bad thing to do. It’s a business. So, we do not charge Jews to serve as a chessed to our “brothers and sisters”. However, to non-Jews, it is not considered bad at all, and since they charge us, we are allowed to charge them.
79
What are the 2 words for interest that the Mishna gives?
Tarbit, Ribit, Neshech
80
How many people sin if a Jew loans another Jew with interest?
Lender, Borrower, Witnesses, Scribe, Guarantor.
81
Who is responsible if someone rents a donkey to do a trip on the mountain, and he takes the donkey in a valley and it dies? Why?
You are responsible if you do anything outside of what the owner agreed to let you do.
82
If a shoe repair owner is working on a shoe, what שומר is he considered?
Shomer Sachar
83
When would it be ok for an employer to tell his employees that they must stay 15 minutes late every day without extra pay?
If every other place in the area also does this then it will be considered normal.
84
Is one required to give his employees a meal every day? Explain.
Depends on the area.
85
When is a worker allowed to eat from the produce he is working with?
If it is in the field that he is working on, he may eat from it. He may NOT eat from another field.
86
If a person has a field he is working with his animals and is normally paid through getting to use the produce and eating it, and he wants to switch his payment to cash, is he allowed to or not and why?
NO!!! Unless the worker says it is ok, you must pay him in cash.
87
Explain 3 cases that would be an אונס and 3 that would not.
ONES- Tornado, Earthquake, Armed Robber
| NOT ONES- You leave the door unlocked, you leave it with young kids to watch, you leave a fence of animals open.
88
Why are armed robbers considered an אונס?
Because you need to protect your life.
89
If one is an אונס, it means that…?
responsible to pay because it is out of your control.
90
Are two dogs that attack a herd of sheep from opposite sides an ones or not? Why?
Yes, because you can’t be in two places at once.
91
If an animal dies, when is it considered an אונס, and when isn’t it?
It is an ones if it is a natural death, if it is because of what you are doing (overworking it) then you are responsible and it is not an ones.
92
If you borrow an animal from someone and the owner requests to come with you and then the animal dies, who is responsible?
The owner is always responsible if he is with you and doesn't say not to do something.
93
If a person borrowed an animal and it dies is he responsible?
YES, borrowers are always responsible.
94
If a person rents an animal and it dies is he responsible?
As long as it is not obvious it is from his responsibility, he may swear it is not his fault and be patur.
95
If a person borrows an animal for half the day and rents it for half the day, and the animal dies, and the owner says it died when he borrowed it, and the guy says he didn’t remember, what is the halacha?
You always trust the person who says a 100% claim.
96
Why
Because otherwise people would lie about it.
97
Whenever a person makes a 100% claim and another makes a maybe claim…?
Listen to the 100% claim.
98
If a person borrows an animal and sends his son to collect the animal for himself and on the way back it dies, who is responsible?
The borrower is because it is HIS son.
99
Give an example of when the lender would be responsible.
If the lender sent his messenger.
100
If a person rents a house to another and wants to evict him from it, how many days notice does he need to give him in the summer?
30
101
What time of year can he NOT evict him from the house? Why?
Rainy season. Because it is VERY hard to find a place to live then.
102
How long does he need to give a person who lives in a small town?
1 year.
103
How long does he need to give a person who has a bakery?
3 years.
104
If a person rents a house to another during a year that becomes a leap year, when does the person get the 13th month for free, and when does he need to pay for it?
It depends if the contract says 12 months or if it says a full year.
105
If a person rents a house and it falls down, who is responsible to put another up?
The owner.
106
Can a landlord who rents out his house to another person and falls down, build a new house that is bigger? Why
Can a landlord who rents out his house to another person and falls down, build a new house that is bigger? Why
107
How about if it is smaller? Why?
Same rules apply.
108
A person who rents a field and doesn’t want to weed it and says he’ll pay for all of the damage done from the weeds for the year he rents it, is this allowed or not and why?
NO! Because weeds continue to grow and make a bigger issue.
109
If locusts come and eat the entire field that you are renting, what is the halacha and why?
It depends on if it is in your field alone or everywhere.
110
What is the שמיטה year? What is the הלכה about a field during the שמיטה year?
7th year of the agriculture cycle. No farming… etc.
111
What trouble does one run into when renting a field over the course of the שמיטה year?
If you say I want to rent it for 7 years vs. 7 working years.
112
What way does a person need to say that he wants to rent a field for 7 years if he doesn’t want to run into trouble with שמיטה?
See above.
113
When does one need to pay a worker after his work is complete?
By the end of the next day. 24 hours.
114
When does a person need to pay for damage that was made from his tree falling onto public property, and when does he not need to pay for it?
It depends if he listened to the court and their time limits.
