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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.

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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