Friday, February 9, 2024

What does “a craftsman acquires ownership rights through the enhancement of the vessel- אוּמָּן קוֹנֶה בִּשְׁבַח כְּלִי,” really mean? TB Baba Kamma 99

 Today’s daf TB Baba Kama 99 litigates whether Rav Asi’s position, a craftsman acquires ownership rights through the enhancement of the vessel- אוּמָּן קוֹנֶה בִּשְׁבַח כְּלִי, stated on the previous daf is correct.

The mishna teaches that if one gave a carpenter a chest, a box, or a cabinet to fix, and he damaged it, the carpenter is liable to pay for the damage. Rav Asi says: The Sages taught that a carpenter is liable to pay damages only in a case where one gave the carpenter a chest, a box, or a cabinet to drive a nail into them, i.e., he gave the carpenter complete vessels to repair, and he drove the nail into them and broke them. But if one gave wood to a carpenter to build a chest, a box, or a cabinet, and he built a chest, a box, or a cabinet from the wood, and before giving it to the owner the carpenter broke them, he is exempt from paying for the damage caused to these vessels, and must pay only for the damage caused to the wood.

What is the reason for this? It is because a craftsman acquires ownership rights through the enhancement of the vessel. The craftsman is considered to have acquired the vessel through his work, which enhances its value, and it remains in his possession until he returns it to the owners. Consequently, if he damages the vessel in any way, he is damaging his own item, and must return only the value of the raw materials to the owners.” (Sefaria.org translation)

We have learned previously that a change in an item will transfer ownership. For example, if the thief makes a change in the stolen object, the thief acquires the stolen object (שנוי קונה) and pays the victim the cost of the stolen object at the time of the theft.

The Schottenstein edition of the Talmud Bavli on our massehket writes:  

“Rav Asi maintains that when one contracts a craftsman to complete a specific job for a specific amount of money, we do not view the craftsman as earning a wage. Rather, we view him as becoming a partial owner in the product that he creates. Thus, in the case of the carpenter, the owner owns the wood and the carpenter owns the improvement he made to the wood. When he subsequently returns the finished product to the owner, he is in effect ‘selling’ his portion in the finished product to the owner, and the payment he receives from the owner is considered ‘proceeds of a sale,’ rather than a wage. As such, if the contractor fashioned the wood into a utensil and then broke it before returning it, he is liable to pay only for the value of the wood that he received from the owner, not from the value of the finished utensil. For he- the craftsman- was the owner of the improvement at the time that he damaged it.

“Rashba explains that the craftsman acquires all the improvement (even the amount in excess of his fee) in the event that he ruins the utensil, since it is certain they did not improve it in order to be liable to pay the owner for ruining that improvement. And in the event they does not ruin the utensil, he acquires only a portion of the improvement corresponding to his fee.” (daf 98b5, note 49)

Disagreeing, Rebbeinu Baruhk explains that the craftsman acquires the entire vessel because of his improvement. The Rebbeinu Yisheyahu of Trani rights that this concept was only said concerning the obligation of the craftsman. He is not liable for the enhancement of the vessel if he damages it. He has no right to the object itself.

Just as the Gemara remains inconclusive whether Rav Asi is correct or not, so too poskin arrive at different conclusions.

No comments:

Post a Comment