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Bava Metzia 47

BAVA METZIA 47 - Dedicated by Sid and Sylvia Mosenkis of Queens, New York, in memory of Sylvia's father, Shlomo ben Mordechai Aryeh, who passed away 3 Teves 5751/1990.

1) [line 1] ONA'AH
(a) If a person makes a profit of one sixth of the total value on an item that he sells without the purchaser's knowledge, the transaction is valid, but the seller must return the profit to the purchaser. If the profit is less than one sixth, nothing is returned. If the profit is more than one sixth, the sale is invalid even if the profit is returned.
(b) With regard to sales of real estate, even if the profit is more than one sixth, the sale is valid and nothing is returned.
(c) When Beis Din errs in an appraisal of property by a sixth of its value, the Rabanan and Raban Shimon ben Gamliel argue whether the sale is binding (because of "Im Ken, Mah Ko'ach Beis Din Yafeh;" this is the view of Raban Shimon) or it is not binding (Rabanan).

2) [line 16] SHUFTANEI - fools
3) [line 18] TALEH - a lamb
4) [line 28] ATUN, HACHI MASNISU LAH - you learn the saying (of Rav Huna) like this (with no mention of whether he rules Matbe'a Na'aseh Chalipin or not)

5) [line 29] ANAN, HACHI MASNINAN LAH: "V'CHEN AMAR ..." - we, however, learn that Rav Huna states explicitly, "Ein Matbe'a Na'aseh Chalipin"

6) [line 30] BA'MEH KONIN? - With what is the Kinyan Chalipin consummated, i.e. whose Sudar is used, the buyer or the seller?

7a) [line 31] B'CHELAV SHEL KONEH - the Sudar used in the symbolic Kinyan is given by the buyer (in *exchange* for the object that is being acquired)
b) [line 33] B'CHELAV SHEL MAKNEH - the Sudar used in the symbolic Kinyan is given by the seller (*along with* the object that is being acquired) (see Background to Bava Metzia 45:8)

8) [line 34] MI'DISKARTA - from Diskarta, probably the name of a place. The word means private town, settlement, or part of a town (e.g. (d'Iskarta) [Diskarta] d'Reish Galusa - the private town of the Reish Galusa -- Eruvin 59a)

9) [line 36] GELIMA - a cloak

10a) [line 36] NECHASIM SHE'YESH LAHEM ACHRAYUS - immobile goods such as land
b) [line 37] NECHASIM SHE'EIN LAHEM ACHRAYUS - mobile goods such as money

(a) When a person purchases Nechasim she'Yesh Lahem Achrayus (immobile goods such as land) along with Nechasim she'Ein Lahem Achrayus (mobile goods such as a flowerpot), as soon as he makes a Kinyan of Kesef (paying money), Shtar (handing over a contract) or Chazakah (enhancing the land with the intention of buying it) on the land, he concurrently buys the mobile goods, also (Kidushin 26a and RASHI ibid.).
(b) The word Achrayus in this context means that people will trust a borrower who owns land since they can expect to extract payment from the land should the borrower not have the money to pay back his loan (RASHI ibid.).

12) [line 40] HAVAH MAPIK L'APACH PULSEI D'NURA - (lit. he would have shot pulses of fire into your face) he would have put you into Cherem (see Background to Bava Kama 112:22) (RASHI)

13) [line 43] "V'ZOS LEFANIM B'YISRAEL AL HA'GE'ULAH V'AL HA'TEMURAH L'KAYEM KOL DAVAR: SHALAF ISH NA'ALO V'NASAN L'RE'EHU; V'ZOS HA'TE'UDAH B'YISRAEL." - "Now this was the custom in former time in Yisrael concerning redeeming and concerning exchanging, to confirm all manner of transactions: a man pulled off his shoe, and gave it to his neighbor; and this was the manner of attesting in Yisrael." (Ruth 4:7)

14) [line 44] "[LO YEVAKER BEIN TOV LA'RA V'LO YEMIRENU. V'IM HAMER YEMIRENU, V'HAYAH HU U'SMURASO YIHEYEH KODESH] LO YIGA'EL." - "[He shall not inspect whether it is good or bad, nor shall he change it; and if he changes it at all, then both it and its change shall be holy;] it shall not be sold." (Vayikra 27:33, based on the translation of the word Yiga'el in Bechoros 32a) - TOSFOS DH Ge'ulah, citing Rabeinu Tam, points out that the Gemara is referring specifically to a verse that contains the word "Yiga'el" and *does not* contain the word "Yimacher" (i.e. not Vayikra 27:27 or 27:28).

15) [line 44] "TEMURAH" ZO CHALIPIN - the word "Temurah" in the verse refers to the Kinyan Chalipin where two equally-valued objects are bartered (TOSFOS DH Ge'ulah, citing Rabeinu Tam)

16) [line 45] "LO YACHALIFENU V'LO YAMIR OSO [TOV B'RA O RA B'TOV. V'IM HAMER YAMIR BEHEMAH BI'VHEMAH, V'HAYAH HU U'SMURASO YIHEYEH KODESH.]" - "He shall not trade it, nor exchange it, [a good one for a bad one or a bad one for a good one. And if he shall at all change beast for beast, then it and the exchange of it shall be holy.]" (Vayikra 27:10)

17) [line 45] "LEKAYEM KOL DAVAR" - the words "Lekayem Kol Davar" in the verse refers to the Kinyan Chalipin that is normally no more than a symbolic act in which an object of little value is exchanged in order to represent the acquisition of an object of value (see Background to Bava Metzia 45:8:c) (TOSFOS DH Ge'ulah, citing Rabeinu Tam. Accordingly, both words, "Yachalifenu" and "Yamir" are necessary, and refer to two distinct forms of Chalipin)

18a) [line 46] BO'AZ NASAN LA'GO'EL / GO'EL NASAN L'VO'AZ - When Bo'az performed Ge'ulah upon the property of Machlon (acquiring Ruth as his wife at the same time) instead of the Go'el (who was a closer relative, but chose not to perform Ge'ulah), the shoe of one of them was taken off and given to the other one (Ruth 4:1-8). The Tana'im argue as to who took off his shoe. Tana Kama states that Bo'az took off his shoe and gave it to the Go'el, which is consistent with the opinion that Konim b'Chelav Shel Koneh (see above, entry 7a). Rebbi Yehudah states that the Go'el took off his shoe and gave it to Bo'az, which is consistent with the opinion that Konim b'Chelav Shel Makneh (see above, entry 7b).

19) [line 52] DAVAR HA'MESUYAM - a item that is whole (RASHI)

20a) [line 52] CHATZI RIMON - half a pomegranate
b) [line 52] CHATZI EGOZ - half a nut

21a) [line 53] K'MAN KASVINAN HA'IDNA? - According to whom do we write nowadays [the following phrase in documents of acquisition (such as a Kesuvah)]?
b) [line 53] B'MANA D'CHASHER L'MIKNEYA VEI - with a utensil (or anything fit to be used for Kinyan Chalipin, such as a Sudar) that is fit to use in order to consummate a purchase


22) [line 1] MAROKA - (a) a vessel made of baked dung (RASHI); (b) date pits used for smoothing parchment (RABBEINU CHANANEL, TOSFOS) or a seam or ridge in parchment or paper (ARUCH)

23a) [line 1] L'MIKNEYA - to purchase; acquire
b) [line 2] LAKNUYEI - to cause others to purchase, i.e. to sell

24) [line 4] ISUREI HANA'AH
Isurei Hana'ah are items from which it is prohibited by the Torah to derive benefit. Such items are considered to be of no monetary value. Some examples are Chametz b'Pesach (see Background to Bava Metzia 42:18) and Shor ha'Niskal (see Background to Bava Kama 96:39a).

25) [line 7] (MORIKA) MAROKA LO ITZTERICH - a specific word in a verse is not needed to exclude Maroka because of its insignificance

26) [line 9] MA'OS HA'NITANOS B'SIMAN L'VEIS HA'MERCHATZ - [invalidated or worn-out] coins given to a bathhouse attendant to let him know the attendance at the time (lit. as a sign) (RASHI). Each person writes his name on his coin, which is returned to him at the end of his time in the bathhouse, in exchange for the bathhouse fee (RABEINU CHANANEL)

27) [line 16] V'SHAVIN SHE'EIN MECHALILIN AL MA'OS HA'NITANOS - see TOSFOS to Bava Metzia 44a DH ha'Zahav and DH Asimon

28) [line 19] PULSA - (a) (O.F. fladon) a blank, metal disc from which a coin is stamped (RASHI); (b) a medallion (TOSFOS to Bava Metzia 44a DH Asimon, citing Rabeinu Tam)

29) [line 22] "V'TZARTA HA'KESEF B'YADCHA" - "... and you shall wrap the money in your hand." (Devarim 14:25)

30a) [line 22] KOL DAVAR HA'NITZRAR B'YAD - anything that is wrapped in the hand, even Asimonim
b) [line 24] KOL DAVAR SHE'YESH ALAV TZURAH - anything that has a figure or image on it

31) [line 29] MAN D'SHADA DELEIKA - the arsonist
32) [line 35] "V'CHI SIMKERU MIMKAR LA'AMISECHA O KANOH MI'YAD AMISECHA, [AL TONU ISH ES ACHIV.]" - "And when you transact a purchase to your friend or acquire from the hand of your friend, [you shall not defraud one another.]" (Vayikra 25:14)

33) [line 36] DAVAR HA'NIKNEH MI'YAD L'YAD - a thing that is transferred from the hand (possession) [of one person] to the hand (possession) [of another person]

34) [line 42] NIS'ANEH LOKE'ACH - the buyer is defrauded

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