ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Bava Metzia 45
Questions
1)
(a) Rebbi Yochanan forbids lending a (golden) Dinar for a (golden) Dinar -
because as we learned earlier, it is forbidden to lend a Sa'ah of fruit
against a Sa'ah of fruit (in case the value of the Dinar rises, in which
case the borrower will be paying Ribis de'Rabbanan.
(b) He cannot be referring to a silver Dinar - because there is no question
that a silver Dinar is considered coinage against another silver coin (and
borrowing money against money is permitted (as we learned there too).
(c) Rebbi Yochanan is speaking according to Beis Shamai (see Tosfos DH
'Ela').
(d) We try to prove from here, that in the Machlokes between Rebbi Yochanan
and Resh Lakish, Rebbi Yochanan is the one who holds 'Ein Mechalelin' (that
one can transfer Ma'aser Sheini on to gold coins because a golden coin is
considered Peiros).
2)
(a) We conclude that really Rebbi Yochanan holds 'Mechalelin', because
against fruit, they are considered currency. Nevertheless, he forbids
lending a golden Dinar for a golden Dinar - because we give the case of
borrowing, the same Din as that of our Mishnah, where (with regard to
selling) we consider a golden Dinar to be fruit against a silver coin.
(b) We prove this from a statement Ravin Amar Rebbi Yochanan who said when
he came from Eretz Yisrael - that although it is forbidden to lend a Dinar
for a Dinar, it is nevertheless permitted to transfer Ma'aser Sheini on to
one.
3)
(a) In the Mishnah in Ma'aser Sheini, Beis Shamai permit transferring a
Sela's-worth of P'rutos of Ma'aser Sheini into a silver Sela. Beis Hillel
permit the transfer of only half - because upon arriving in Yerushalayim,
one immediately requires a certain amount of P'rutos for one's basic needs.
Consequently, if everyone runs to buy P'rutos, the price of P'rutos will
rise causing Hekdesh a loss.
(b) We ask from this Mishnah on Resh Lakish, who forbids the transfer of
Ma'aser Sheini fruit on to a golden Dinar - that if Resh Lakish permits the
transfer of Ma'aser Sheini on to P'rutos, how much more so on to a golden
coin (which are intrinsically more valuable).
(c) To answer this Kashya, we make a distinction between copper P'rutos -
which in places where they are in abundance, are more easily spendable, than
gold coins are.
4)
(a) Also in the second Lashon, either Rebbi Yochanan or Resh Lakish confines
the Machlokes between Beis Shamai and Beis Hillel to the transfer of Sela'im
on to Dinrim, only Beis Shamai forbids it (not because Dinrim are considered
Peiros, but) because the Torah writes an extra "ha'Kesef" - which teaches us
that the first money must be taken to Yerushalayim (precluding the transfer
of Kesef Rishon on to Kesef Sheini).
(b) The other opinion extends the Machlokes to the transfer of the actual
Ma'aser Sheini on to gold coins - in which case, Beis Shamai's reason is
because they consider gold coins to be Peiros, even against fruit, like we
learned in the first Lashon).
(c) According to the first opinion (in this Lashon), they argue over
redeeming Sela'im against Dinrim, and not over redeeming Sela'im against
Sela'im (which is a more straightforward case of 'Kesef Sheini') - to
preclude the contention that Beis Hillel only argue with Beis Shamai by
Sela'im against Sela'im, but that Dinrim against Sela'im are considered
'Peiros' (in which case they would concede that one cannot transfer Sela'im
on to Dinrim.
5)
(a) We ask from the Mishnah in Ma'aser Sheini, where Beis Shamai permit the
transfer of a Sela of Ma'aser Sheini on to P'rutos in Yerushalayim. Beis
Hillel permit transferring only a half - in case the owner does not manage
to spend all the money he exchanged before leaving Yerushalayim, and by the
time he returns the next time, the copper P'rutos will have gone bad (as
copper coins tend to do).
(b) We ask on those who learned above 'Kesef Rishon ve'Lo Kesef Sheini' from
this Mishnah - which clearly permits even the transfer of Kesef Rishon on to
Kesef Sheini.
(c) We answer this Kashya - by quoting the Pasuk in Re'ei (in connection
with Ma'aser Sheini in Yerushalayim) "ve'Nasatah ha'Kesef be'Chol Asher
Te'aveh Nefshecha ... ", which seems to incorporate something that is not
mentioned (i.e. transferring the money on to money).
(d) We finally refute the contention that Beis Shamai forbids the transfer
of Kesef Rishon on to Kesef Sheini, from the Beraisa we quoted above
'ha'Poret Sela mi'Ma'os Ma'aser Sheini - which clearly permits it, even
outside Yerushalayim.
45b---------------------------------------45b
Questions
6)
(a) Instead (of Kesef Rishon and Sheini), we establish the Machlokes between
Beis Shamai and Beis Hillel as to whether they forbade the transfer of
Sela'im for Dinrim because of a decree - in case people will delay taking
the money to Yerushalayim until the following year, until such time as they
have sufficient Sela'im to transfer into a gold Dinar.
(b)
1. Beis Hillel are not afraid of this - because it is fruit which is heavy
and cumbersome, not coins.
2. Beis Shamai are not afraid of the same thing when it comes to
transferring *fruit* on to Dinrim - because if one leaves fruit for so long,
it goes rotten.
(c) The other opinion (of Resh Lakish or Rebbi Yochanan) - extends the same
Machlokes to the transfer of fruit on to gold coins.
(d) We prove this Lashon (over the first Lashon, which establishes the
Machlokes whether gold coins against fruit is considered currency or Peiros)
from the wording of the Beraisa 'Beis Shamai Omer, Lo Ya'aseh Adam Sil'in Di
nri' - because if it was a matter of a d'Oraysa (like the first Lashon), the
Tana ought to have said (not 'Lo Ya'aseh ... ', but) 'Ein Mechalelin ... '.
7)
(a) Rav and Levi argue over whether a coin can be use as Chalipin. If one
wanted to acquire something with coins ...
1. ... the practical difference between a Kinyan Kesef and a Kinyan Chalipin
would be - that the former obligates the second person to provide the
article, whereas the latter renders it already in his possession (as we
shall see shortly).
2. ... the Halachic ramifications of saying that a coin could be used as
Chalipin would be - that the transaction would be final and that neither
side could retract, whereas if it could not, they would both be able to
(notwithstanding the 'Mi she'Para').
(b) The reason of the one who disqualifies coins from the realm of Chalipin
cannot be because he holds like Rav Nachman, who will later disqualifies
anything that is not a K'li (a vessel) - because then, he would have said
so, rather than singling out coins for special mention.
(c) Rav Papa gives the reason as being that a person's mind is on the
picture on the coin - which stands to be displaced in the course of time and
which is not therefore similar to a shoe (which is specific and lasting),
the example of a Kinyan Chalipin (Sudar) given by the Pasuk in Megilas Rus.
8)
(a) 'ha'Zahav Koneh es ha'Kesef' in our Mishnah implies a Kinyan Chalipin.
To repudiate the Kashya against the one who disqualifies a coin from the
realm of Chalipin - we amend the Mishnah to read 'ha'Zahav Mechayev es
ha'Kesef'
(b) We prove this from the Seifa 'ha'Kesef Eino Koneh es ha'Zahav' (because
silver is considered currency and gold, fruit, and currency cannot acquire
fruit). Now if a coin could acquire through Chalipin, then why should silver
and gold not acquire each other?
(c) And we bring a similar proof from the Seifa of a Beraisa, which
invalidates a silver coin from acquiring a gold one. The problem with the
Reisha, which after presenting the reverse case, adds 'Keivan she'Mashach es
ha'Zahav, Nikneh Kesef be'Chol Makom she'Hu' is - that if the Tana is
talking about Kinyan Kesef, then he should rather have said 'Nischayev
Gavra', as we explained earlier.
(d) Rav Ashi answers this Kashya by explaining 'be'Chol Makom she'Hu' to
mean 'K'mos she'Hu, ke'de'Amar Leih' - by which he means that the seller is
obligated to provide the silver coins as per agreement (e.g. if he said that
he would give him new coins, then he must do so).
9)
(a) According to Rav Papa, the opinion which holds 'Ein Matbe'a Na'aseh
Chalipin' concedes - that it can be acquired with Chalipin.
(b) And he proves this from Rav Nachman, who (as we already learned), holds
that Peiros (whatever is not a K'li') cannot acquire with Chalipin - yet he
concedes that they can be acquired with Chalipin.
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