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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Bava Metzia 46
BAVA METZIA 46 (23 Teves) - l'Iluy Nishmas Nachum ben Shlomo Dovid
Mosenkis, by his son, Sid Mosenkis of Queens, New York.
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1) CAN COINS BE ACQUIRED THROUGH CHALIPIN?
(a) (Rav Papa): Even according to the opinion that a coin
cannot be used (given) to make Chalipin, it can be
acquired through Chalipin;
(b) This is as Rav Nachman says regarding produce - it cannot
be used to make Chalipin, but it can be acquired through
Chalipin.
(c) Question (Mishnah): Reuven was in a granary, he did not
have coins (and wanted to evade the additional fifth that
one who redeems his own Ma'aser Sheni must add). He tells
Shimon 'my Ma'aser is given to you as a gift'; Reuven
then redeems the Ma'aser on coins in his own house (and
trusts that Shimon will return the Ma'aser to him).
1. Inference: If Reuven had coins, he should rather
give them to Shimon and let Shimon redeem the
Ma'aser (this is a less overt ruse to evade the
fifth), for it is not Shimon's Ma'aser.
2. Summation of question: If coins can be acquired
through Chalipin, Reuven should give the coins in
his house to Shimon through Chalipin!
(d) Answer: The case is, he does not have a vessel with which
to make Chalipin.
(e) Question: Reuven should give the coins to Shimon Agav (by
way of giving him) land!
(f) Answer: The case is, Reuven does not have land.
(g) Question: But it says that he was standing in a granary -
that is land!
(h) Answer: The case is, it belongs to someone else.
(i) Rejection: This is unacceptable, to say that the Mishnah
gives counsel for a man without clothes (who does not
have anything with which to make Kinyan Sudar) !
1. Rather, coins cannot be acquired through Chalipin.
(j) The following shows that Rav Papa himself retracted.
1. Rav Papa had 12,000 Dinarim in Bei Chuza'i; he gave
them to Rav Shmuel bar Acha, Agav the corner of his
house, in order that the watchman would give them to
Rav Shmuel (to return to Rav Papa). (Surely, he gave
them Agav and not through Chalipin, because he
retracted from saying that coins can be acquired
through Chalipin.)
(k) (Ula, Rav Asi, Rabah bar bar Chanah): Coins cannot be
acquired through Chalipin.
(l) Question (R. Aba - Beraisa): Reuven's workers were
demanding payment from Reuven in the market. He told a
moneychanger - give me a Dinar's worth of coins (to pay
them), I will give you the value of a Dinar and an
(extra) Trisis - this is permitted only if Reuven has the
coins in his house.
1. If coins cannot be acquired through Chalipin, this
is a loan with usury!
(m) Ula was unable to answer.
(n) Answer #1 (R. Aba): Perhaps all the coins mentioned are
blank, therefore they are considered commodities, not
coins.
1. Support: The Beraisa says 'the value of a Dinar and
a Trisis' - this suggests, they were not actual
coins.
(o) Answer #2 (Rav Ashi): True, the Beraisa speaks of blanks
- but there is no need to say that he acquired them
through Chalipin;
1. Since he had at home the same thing he borrowed, it
is permitted (since he will return it very soon,
this is unlike usury, which is payment for borrowing
for a period of time).
2) CAN A COIN BE USED TO MAKE CHALIPIN?
(a) Question (Mishnah): Whatever is (normally) made (given to
be) payment for other things, once Reuven acquires it,
Shimon is obligated to give what it was traded for.
1. Suggestion: The Mishnah speaks of money - and it
makes Chalipin!
(b) Answer (Rav Yehudah): No, it means, anything that must be
made into money (i.e. appraised) - it refers to
Metaltelim.
46b---------------------------------------46b
(c) Support (end of the Mishnah): How is this? If he
exchanged an ox for a cow, or a donkey for an ox...
(d) Question: The one who asked understood that the Mishnah
speaks of money - how did he understand this?
(e) Answer: The Mishnah (is abbreviated, it) means: Produce
(i.e. Metaltelim that are not vessels) also make Chalipin
- how is this? If he exchanged an ox for a cow, or a
donkey for an ox...
1. Rav Sheshes can answer thusly - he says that produce
makes Chalipin.
(f) Question: Rav Nachman says that only vessels can make
Chalipin - how can he answer?
(g) Answer: The Mishnah (is abbreviated, it) means: There is
a form of money that acquires as Chalipin (i.e. without
moving the commodity) - how is this? If he was owed money
for an ox and exchanged (the debt) for a cow, or money
owed for a donkey for an ox...
(h) Question: Why does this work?
(i) Answer: Rav Nachman agrees with R. Yochanan, that
mid'Oraisa, (paying) money acquires Metaltelim;
1. Chachamim enacted that Meshichah acquires (and not
money), lest someone will sell something in his
house (without giving it over immediately), and be
slothful about saving it from a fire;
2. Chachamim only decreed in a common case - it is not
common to buy with money owed from a sale (so this
still acquires, as the Torah says).
(j) Reish Lakish says that mid'Oraisa, Meshichah acquires
Metaltelim, not money. If he rules as Rav Sheshes (that
produce makes Chalipin), he can explain the Mishnah as
Rav Sheshes.
(k) Question: If Reish Lakish rules as Rav Nachman (that only
vessels make Chalipin), how can he explain the Mishnah
(Tosfos - according to the opinion that money makes
Chalipin)?
(l) Answer: We must say that Reish Lakish rules as Rav
Sheshes.
3) DISQUALIFIED COINS
(a) (Mishnah): All Metaltelim acquire each other.
(b) (Reish Lakish): Even a wallet full of coins acquires a
wallet full of coins. (This can only be through Chalipin
- we learn that coins can be acquired through Chalipin!)
(c) Rejection (Rav Acha): He refers to disqualified coins
(they are commodities);
1. The law is the same whether they were disqualified
in the whole kingdom, or one province ceased to
accept them.
2. We must teach both cases.
i. If we only taught when they were disqualified
in the whole kingdom - one might have thought,
when they are unusable only in one province,
they are still considered currency, and are not
acquired through Chalipin;
ii. If we only taught when they are unusable only
in one province - one might have thought, that
is because they cannot be used (there) in
public or private - but when they were
disqualified in the whole kingdom, they can be
used in private, they are still considered
currency, and are not acquired through
Chalipin.
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