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Bava Metzia 44
1) [line 1] "AL KOL DEVAR PESHA [AL SHOR AL CHAMOR AL SHE AL SALMAH AL KOL
AVEIDAH ASHER YOMAR KI HU ZEH, AD HA'ELOKIM YAVO DEVAR SHENEIHEM; ASHER
YARSHI'UN ELOKIM YESHALEM SHENAYIM L'RE'EIHU.]" - "In every case of
liability, [whether it be for an ox, for a donkey, for a sheep, for a
garment, or for any kind of lost thing, about which he will say that this is
it, the claims of both parties shall come before the judges; and whom the
judges shall condemn, he shall pay double to his neighbor.]" (Shemos 22:8) -
According to Beis Shamai, the words "Devar Pesha" ("Devar" is related to
"Dibur" - speech) imply that even a statement or a thought of Shelichus Yad
is enough to make the Shomer liable.
2) [line 12] HECHEMEITZAH - if it turned into vinegar
3) [line 13] GIREI DIDEI HU D'AHANU LAH - his actions (lit. arrows) were
effectual [in causing the wine to turn into vinegar]
4) [line 20] ARNEKI - a change purse or money bag
*****PEREK #4 HA'ZAHAV*****
5a) [line 25] ZAHAV - gold [Dinars]
b) [line 25] KESEF - silver [Dinars]
c) [line 25] HA'ZAHAV KONEH ES HA'KESEF; HE'KESEF EINO KONEH ES HA'ZAHAV
(KINYAN MESHICHAH)
(a) When a person acquires an object, he must make a Ma'aseh Kinyan, a
formal Halachically-binding act denoting his acquisition of the object, in
order for the acquisition to be irrevocably binding. Depending on the object
involved, different Kinyanim are used.
(b) One of the forms of Kinyan that may be used for the acquisition of
Metaltelin (mobile items) is Meshichah, i.e. pulling the item or causing it
to move. Meshichah can only accomplish a Kinyan in a private or semi-private
area (such as an alleyway), but not in Reshus ha'Rabim. It may be
accomplished not only by *pulling* the object towards one's self, but even
by causing it to come towards one's self, such as by calling an animal and
causing it to come closer. Paying for an object (Kinyan Kesef), on the other
hand, does not accomplish a Kinyan.
(c) The Amora'im (Bava Metzia 47b) argue whether Kinyan Meshichah (as well
as Kinyan Hagbahah and Mesirah, see Background to Bava Metzia 7:11:b:1, 3)
is mid'Oraisa. Some maintain that Kinyan Meshichah *is* recognized by the
Torah and Kinyan Kesef is *not*. Others maintain that Kinyan Meshichah is a
Rabbinic institution which was established in order to replace Kinyan Kesef,
which *is* recognized by the Torah but which was invalidated by the Rabanan.
According to those who maintain that Kinyan Meshichah is mid'Oraisa, its
source in the Torah is from the verse "Kanoh *mi'Yad* Amisecha" (Vayikra
25:14), which implies that one may transfer property by *handing* it over to
the buyer (Bava Metzia ibid.).
(d) According to both opinions recorded above (c), in practice, Meshichah is
Koneh while Kesef is not. Therefore, in a sale in which currency is being
paid for merchandise, the buyer's Meshichah (pulling to one's domain) of the
*merchandise* consummates the sale. The seller's Meshichah of the *currency*
that was paid for it does not. When defining "merchandise" (or "Peiros") and
"currency" (or "Tiv'a") in this regard, any item that is readily accepted as
payment among merchants can be considered currency; items that are not
normally accepted as payment are considered merchandise. If two items, both
of which are accepted as payment among merchants, are being exchanged, the
item that is more readily accepted is considered to be the currency and the
other one is considered merchandise. (The Gemara discusses whether the value
of the material can also give it the status of currency.)
(e) When the Mishnah states "ha'Zahav Koneh Es ha'Kesef," (and "ha'Nechoshes
Koneh...," Ma'os ha'Ra'os Konos..." etc.), the intention is that the
*Meshichah* of the Zahav, Nechoshes etc. is what makes the exchange
irrevocably binding and obligates the buyer to pay what he stipulated. That
is, these objects are considered "Peiros" in comparison to the objects being
traded for them, and are Koneh the other objects, which are considered
currency. The word "Koneh," when used in this context, means that their
Meshichah *obligates* the person who made the Meshichah to pay for them.
Meshichas ha'Kesef, Ma'os ha'Yafos, etc., on the other hand, does not make
the exchange irrevocably binding since they are considered "Tiv'a," and
pulling them constitutes the Kinyan of Kesef, which the Chachamim
invalidated.
6) [line 26] NECHOSHES - [Perutos of] copper
7a) [line 27] MA'OS HA'RA'OS - coins that became worn out (a) and are
unusable (RASHI); (b) and are just barely usable (TOSFOS DH ha'Zahav)
b) [line 28] YAFOS - coins that are usable; legal tender
8a) [line 29] ASIMON - (a) (O.F. fladon) a blank, metal disc from which a
coin is stamped using a die (O.F. coinz - a die to stamp coins) (RASHI); (b)
a medallion (TOSFOS, citing Rabeinu Tam)
b) [line 29] MATBE'A - a coin
9) [line 35] MI SH'PARA... HU ASID LIPARA... - (lit. He Who took
retribution) a Rabbinic curse that begins with the words "He Who took
retribution"
(a) A person who pays money to purchase Metaltelin (mobile goods) does not
acquire them by paying for them until he performs Meshichah (see above,
entry #5c) upon them. Therefore, both the buyer and the seller may retract
from the purchase until Meshichah or another valid Kinyan is performed.
(There are those who are of the opinion that paying for the goods does not
effect a Kinyan mid'Oraisa. Others hold that it does effect a Kinyan
mid'Oraisa, but the Rabanan instituted that the buyer and seller may still
retract until the buyer does Meshichah -- Bava Metzi'a 47a). However, it is
not proper for a person to go back on his word and retract a sale after
money has been received for the goods being sold. If either the buyer or the
seller do retract at such a point, they have not acted in the manner of
proper, upstanding Jews (RAMBAM Hilchos Mechirah 7:1).
(b) If one of them wishes to retract in any case, he is brought to Beis Din
to accept upon himself the curse of "Mi she'Para" from Beis Din. Beis Din
says to him, "He Who took retribution from the Generation of the Flood
(Bereishis 6:1 - 7:23) and from the Generation of the Dispersion (Bereishis
11:1-9) and from the inhabitants of Sedom and Amorah (Bereishis 19:24-25)
and from the Egyptians who were drowned in the sea (Shemos 14:26-31) will
punish he who does not stand by his word" (Bava Metzi'a 48a).
10a) [line 36] DOR HA'MABUL - the Generation of the Flood (Bereishis 6:1 -
7:23)
b) [line 36] DOR HA'PELAGAH - the Generation of the Dispersion (Bereishis
11:1-9)
11) [line 38] KOL SHEHA'KESEF B'YADO; YADO AL HA'ELYONAH - the seller, once
he has received the money has the upper hand, and has the choice to annul
the sale, while the buyer does not
12) [line 44] CHASHIV - important, valuable
13a) [line 45] TIV'A - currency
b) [line 45] PEIRA - (lit. fruits) merchandise
14) [last line] KANI LEI PEIRA L'TIV'A - (lit. merchandise buys currency)
performing a Kinyan Meshichah on the merchandise consummates a sale (see
above, entry #5c)
44b---------------------------------------44b
15) [line 1] CHARIF - (lit. sharp) is legal tender
16) [line 11] B'ASRA D'SAGYEI - in a place where they are accepted as legal
tender (lit. where they "go")
17) [line 12] KEIVAN D'IKA DUCHTA D'LO SAGI BEI - since there are places
that do not accept them as legal tneder
18) [line 14] OZIF - borrowed
19) [line 15] BERATEI D'REBBI CHIYA - the daughter of Rebbi Chiya
20) [line 17] TAVIN U'SEKILIN - good and full-weight [coins]
21) [line 19] SE'AH B'SE'AH (RIBIS: SE'AH B'SE'AH)
(a) It is forbidden to lend money with interest (Shemos 22:24, Vayikra
25:36, Devarim 23:20). Even if interest is charged conditionally, and it is
eventually not collected, the transaction is prohibited mid'Oraisa according
to some Tana'im. It is also forbidden to take money in order to allow the
borrower more time to complete the payment of the loan. (Such payment is
known as "Agar Natar.")
(b) The Torah forbids lending with interest only if the rate or amount of
interest was fixed at the time that the loan was made. This is called Ribis
Ketzutzah. If interest was paid but the amount paid was not fixed at the
time of the loan, or if a higher price was paid in a *sale* in order that
the seller should allow the buyer more time to complete his payment for the
purchase, it is called Avak Ribis or Ribis d'Rabanan. In addition to these,
certain payments that are not actually Ribis mid'Oraisa or mid'Rabanan were
prohibited because they have similarities to Ribis. Chazal refer to this as
"Ha'aramas Ribis."
(c) One case of Ribis d'Rabanan is known as Se'ah b'Se'ah. This refers to a
person who receives a Se'ah (or any other amount) of produce (or any other
commodity) and agrees to pay back the same amount of produce at a future
date, even if the value of the produce increases in the interim. Paying back
the produce at the higher rate is considered Ribis, since the lender is
receiving in return for his loan produced valued at more than the produce
that he lent. However, since this is only Ribis d'Rabanan, the Rabanan
permitted such an exchange when, at the time of the loan, the recipient of
the loan has enough produce at home to pay back the loan, even if the
produce is inaccessible to him at the time of the loan.
22) [line 23] PERUTAH SHE'AMRU (CURRENCY)
(a) Equivalents of coins and amounts used in the Gemara:
- 1 Maneh = 25 Sela'im = 100 Dinerin [of Kesef, silver]
- 1 Dinar Zahav = 25 Dinerin
- 1 Sela = 2 Shekalin = 4 Dinerin
- 1 Dinar = 6 Ma'in
- 1 Me'ah = 2 Pundeyonin
- 1 Pundeyon = 2 Isarin
- 1 Isar = 6-8 Perutos (based on Kidushin 12a)
(b) Another name for a Dinar of Kesef is a *Zuz*. All of the coins listed
above are silver except for the Dinar Zahav, which is gold, and the Perutos,
which are copper.
(c) The word "Shekel," as used in the phrase "Machatzis ha'Shekel," refers
to the Shekel that was in use at the time of Moshe Rabeinu, which was
equivalent to the "Sela" of the times of the Gemara. Machatzis ha'Shekel is
half of a Sela, or two Dinerin. People became accustomed to calling the coin
that was valued at half of a Sela, "Shekel," since it was "paid out"
("Shoklim" Oso) in order to fulfill the Mitzvah of Machatzis ha'Shekel each
year (RAMBAN to Shemos 30:13).
23) [line 23] ISAR HA'ITALKI - the Roman coin known as an "'As," which is
the equivalent of 1/24 of a Dinar (see previous entry)
24) [line 24] KIDUSHEI ISHAH (KIDUSHIN)
See Background to Kidushin 2:1
25) [line 28] PIDYON HA'BEN
(a) The Torah requires that every Yisrael sanctify the firstborn male of his
children, Kosher animals and donkeys, as it is written, "Kadesh Li Kol
Bechor, Peter Kol Rechem bi'Vnei Yisrael, ba'Adam uva'Behemah; Li Hu." -
"Sanctify to Me every first-born that initiates the womb among the children
of Yisrael, among both man and beast; it is Mine." (Shemos 13:2)
(b) The Mitzvah of Pidyon ha'Ben applies to a Yisrael and not to a Kohen or
a Levi. The first male born to a *mother* (who is the daughter of a Yisrael)
must be redeemed by his father (as stated in Shemos 13:13, "v'Chol Bechor
Adam b'Vanecha Tifdeh."
(c) The Bechor must be redeemed when he is one month old by giving five
silver Shekalim of Kodesh (each of which weighs 19.2 or 17 grams; see Midos
v'Shi'urei Torah, C. P. Benish, Benei Brak, 5760, pp. 487-488) to a Kohen as
stated in Bamidbar (18:16). This applies only if the son was the first issue
(i.e. he was not preceded by a Nefel -- stillborn) and was delivered through
the womb (i.e. he was not delivered by Caesarian section). (Sefer ha'Chinuch
#392)
26) [line 29] MESHA'ER TANA B'MIDI D'KITZ - the Tana gives a value using a
quantity that is well defined
27) [line 34] LO YA'ASEH ADAM SIL'IN DINREI ZAHAV (MA'ASER SHENI: CHILUL /
PIDYON)
The Torah requires that Ma'aser Sheni (see Background to Bava Metzia 38:5)
be brought and eaten by its owner in Yerushalayim. Alternatively, Ma'aser
Sheni produce may be redeemed, in which case the money used to redeem it is
brought to Yerushalayim. If the owner himself redeems the produce, he must
add an additional *fifth* (of the ensuing total, or a *quarter* of the
original value). The food that is bought with this money in Yerushalayim
becomes Kodesh like Ma'aser Sheni and must be eaten b'Taharah. Ma'aser Sheni
that was redeemed by anyone besides the owner is exempt from the additional
fifth.
28) [line 37] TIV'A A'PEIRA LO MECHALELINAN - one is not permitted to
exchange currency of Ma'aser Sheni for merchandise
29) [line 51] TISTAYEM - conclude
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