ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Bava Metzia 44
Questions
1)
(a) We just learned that according to Beis Hillel, a Shomer does not become
a Shole'ach Yad with Machshavah alone from "Im Lo Shalach Yado bi'Meleches
Re'eihu". Beis Shamai learn from "Al Kol *D'var* Pesha" - that he does.
(b) Beis Hillel learn from "Al Kol *D'var* Pesha" - that the Shomer is
Chayav if he instructs his She'liach to use the Pikadon (in spite of the
principle 'Ein Sheli'ach li'D'var Aveirah', in which case, the Sheli'ach
ought to be Chayav).
(c) Rabah confines the Din of 'Hitah es ha'Chavis' to where the barrel
subsequently broke be'Ones. But in the event that the wine turned sour, he
maintains, the Shomer must pay for the entire barrel of wine - because by
withdrawing some of the wine, he was directly responsible for the wine
turning sour (since wine keeps better in a full barrel).
2)
(a) Shmuel interpret our Mishnah '*Higbihah ve'Natal Heimenu Revi'is*
ve'Nishberah, Meshalem D'mei Kulah' to mean - that even if he lifted the
barrel in order to take a Revi'is of wine, he is liable, even though he did
not actually withdraw it.
(b) This is not a proof that Shmuel holds 'Shelichus Yad Einah Tzerichah
Chesaron' - because even if he held 'Tzerichah Chesaron', he would obligate
the Shomer in this case, because he needs the barrel to contain the Revi'is
of wine. It is as if he borrowed the barrel (and 'Sho'el she'Lo mi'Da'as
Gazlan Havi').
(c) Based on Rabah's Din, Rav Ashi asks what the Din will be if the Shomer
picks up the purse he is looking after, intending to take a Dinar. He might
be considered a Shole'ach Yad, even though a Dinar does not need the purse
like wine needs the barrel - because on the other hand, a Dinar keeps better
in a purse full of coins than on its own.
(d) The outcome of this She'eilah is 'Teiku'.
***** Hadran Alach *****
***** Perek ha'Zahav *****
3)
(a) When the Tana of our Mishnah says that gold acquires silver, but not
vice-versa - he means that if Reuven pays Shimon gold coins for silver ones,
the transaction is final, but not if he pays him silver coins for gold ones.
(b) The reason for this distinction is - because on the one hand, money does
not acquire (as we shall see in the Sugya), and on the other, when a sale
involves two different kinds of coins, then the one that is least spendable
is considered Metaltelin, and the moment the one receives it, the other one
acquires the coin.
(c) Between ...
1. ... copper P'rutos and a silver coin - copper P'rutos are considered the
Metaltelin.
2. ... a good coin and a bad one (meaning one that has been taken out of
circulation) - the bad coin is considered Metaltelin.
3. ... a minted coin and uncoined metal - the uncoined metal is the
Metaltelin.
4)
(a) 'Kol ha'Metaltelin Konin Zeh es Zeh'. This could either mean - by means
of Chalipin (swapping one for the other), or by means of Damim (if Reuven
gives Shimon the Metaltelin in lieu of the amount of money that they agreed
upon).
(b) 'Kol' comes to include - a purse full of money (which is considered
Metaltelin rather than coins).
(c) Even though a coin does not acquire Metaltelin, the one who retracts
receives a 'Mi she'Para' - a curse for having retracted ('The One who
punished the generation of the Flood and the generation of the Tower will
punish a person who does not stand by his word').
(d) Rebbi Shimon Omer 'Kol she'ha'Kesef be'Yado, Yado Al ha'Elyonah'. He
argues with the Rabbanan, who maintain that if Reuven gives Shimin money,
both of them may retract; whereas he holds that only the person with the
money (and the goods [the seller]) is permitted to retract, but not the
buyer.
5)
(a) When Rebbi taught Rebbi Shimon his son 'ha'Zahav Koneh es ha'Kesef',
Rebbi Shimon reminded his father - that in his younger years he had taught
them that 'ha'Kesef Koneh es ha'Zahav'.
(b) We have already learned why gold acquires silver. The reason that Rebbi
initially thought the opposite is - because he thought that the one that is
more valuable is considered the currency, and the less valuable, the
Metaltelin.
44b---------------------------------------44b
Questions
6)
(a) Rav Ashi proves that what Rebbi said in his younger years is the version
that he must have heard from Rebbi Meir (the presumed author of a S'tam
Mishnah) - because otherwise, why would the latter have found it necessary
to insert the Seifa 'ha'Nechoshes Koneh es ha'Kesef'? Now that silver is
considered currency against gold, which is more valuable than it, it goes
without saying that it is considered currency against copper, over which it
is both more valuable and more spendable.
(b) We refute Rav Ashi's proof however, on the grounds that Rebbi Meir would
need to insert 'ha'Nechoshes Koneh es ha'Kesef' even if silver was
considered currency against gold - because we might have thought that in
places where *there is* an abundance of copper coins, it is considered
currency against silver, so he teaches us that it is not.
(c) Copper is nevertheless considered Metaltelin against silver - because
usually *it is not* (and Chazal fixed each commodity according to the
norm.).
(d) We initially think that Rebbi Chiya too, holds that gold is considered
currency against silver (as we shall now attempt to prove).
7)
(a) Rav borrowed gold coins from Rebbi Chiya's daughter (his cousin). After
their value rose, he came before Rebbi Chiya - because he was afraid that to
return the same amount as he borrowed would constitute Ribis (interest).
Note, that throughout the Sugya, 'Dinrim' refers to gold coins, although
this is not the case in most other places in Shas.
(b) Rebbi Chiya ruled that Rav should return the loan in the same
denomination as he borrowed it - proving that gold coins are considered
currency, because if they were considered fruit (Metaltelin), then to return
a Sa'ah now for a Sa'ah later would be forbidden (in case the price of the
fruit rises and the payment will be Ribis de'Rabbanan).
(c) We answer that Rav had other gold coins at the time - in which case it
is considered as if he had already returned them.
(d) We compare a case where the borrower had fruit at the time that he
borrowed a Sa'ah for Sa'ah to - where he asked to borrow a Sa'ah of fruit
until his son )who has the key which gives him access to his own fruit)
returns, or until he finds the (misplaced) key.
8)
(a) The Tana of the Beraisa gives the value of a P'rutah as an eighth of an
Italian Isar, an Italian Isar as one twenty-fourth of a silver Dinar, and a
silver Dinar as one twenty-fifth of a golden Dinar. The ramifications of the
fact that ...
1. ... a P'rutah is an eighth of an Italian Isar are - regarding a man who
betroths a woman with less than that.
2. ... an Italian Isar is one twenty-fourth of a silver Dinar - regarding
the Din of Ona'ah (overcharging [that charging more than twenty-four Isrim
for a Dinar or paying less, involve this La'av]).
3. ... a silver Dinar is one twenty-fifth of a golden Dinar - regarding the
Mitzvah of Pidyon ha'Ben.
(b) We prove from here - that gold must be considered currency against
silver, because Chazal would not gauge a Mitzvah by means a currency that
fluctuates. In other words, it must be the gold that is fixed, and the
silver that fluctuates, as we hall now see.
(c) Bearing in mind that the Shiur for Pidyon ha'Ben is twenty Shekalim (the
equivalent of four Dinrim, bearing in mind that the Shekel is really a Sela
[double the amount of a regular Shekel]), the father always gives the Kohen
for Pidyon ha'Ben - four fifths of a golden Dinar.
(d) That being the case, if the latter gave the Kohen a golden Dinar,
assuming a golden Dinar could purchase ...
1. ... only twenty silver Dinrim - the Kohen would have to give the father
four Dinrim change (see Maharshal and Maharam)
2. ... as much as thirty silver Dinrim - six Dinrim.
9)
(a) In the Mishnah in Ma'aser-Sheini, Beis Shamai forbid converting silver
Sela'im into golden Dinrim - to lighten the burden on his journey to
Yerushalayim.
(b) Beis Hillel permit it.
(c) Rebbi Yochanan and Resh Lakish discuss the Machlokes. According to one
of them, it is confined to converting Sela'im on to Dinrim. Even Beis Shamai
will agree however, that one may convert the Ma'aser Sheini fruit itself on
to gold coins - because it is only currency that one is forbidden to convert
on to fruit, because the Torah in Re'ei writes "ve'Tzarta ha'Kesef
be'Yadcha" (precluding converting it back on to fruit), but not fruit on to
currency.
10)
(a) Beis Shamai consider gold coins as currency when they are weighed up
against silver ones, whereas a moment ago, when they considered it to be
fruit - that was against silver coins.
(b) And he (Rebbi Yochanan or Resh Lakish) proves this from silver according
to Beis Hillel - which is considered fruit when it is weighed against gold,
but against fruit it is considered currency.
11)
(a) According to the other opinion, they even argue over converting the
fruit itself (which Beis Shamai forbids because they always consider gold to
be fruit). The problem with that is - why the Tana then presents the case of
converting silver coins on to gold ones - and not that of converting the
fruit itself on to gold coins.
(b) And we answer that the Tana finds it necessary to present the case of
converting silver coins on to gold ones - to teach us that even that Beis
Hillel permits, because he considers gold coins to be currency even against
silver ones.
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