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Bava Metzia 49

BAVA METZIA 49 - dedicated to the memory of Chana Elka Krieger, Z"L (Yahrzeit: 27 Teves) "Eshes Chaver" to Hagaon Rav Yisrael Avraham Abba Krieger (Rabbi in Russia and in Boston, Talmid of Hagaon Rav Yehoshua Leib Diskin and author of Yad Yisrael on the Rambam and other Sefarim). Dedicated by their son, Benayahu Krieger (presently of Yerushalayim).

1) [line 13] KISNA - flax

The Amora'im argue as to whether going back on one's word after a verbal agreement to make a purchase shows a lack of trust and honesty (even though the person is not liable by Jewish law to carry out a transaction based on a verbal agreement)

3a) [line 18] "[MOZNEI TZEDEK, AVNEI TZEDEK,] EIFAS TZEDEK V'HIN TZEDEK [YIHEYEH LACHEM...]" - "[Just balances, just weights,] a just Efah, and a just Hin, [shall you have; I am HaSh-m your G-d, Who brought you out of the land of Mitzrayim.]" (Vayikra 19:36)

b) [line 18] HIN / EIFAH
See Background to Bava Metzia 40:6 for a list of measurements of volume.

4) [line 20] MESIVEI REBBI SHIMON OMER... - the question is from the Seifa, "ha'Chozer Bo Ein Ru'ach Chachamim Nochah Heimenu" (Daf 48a, line 7), which seems to indicate that Devarim *Yesh* Bahen Mishum Mechusarei Amanah.

5) [line 24] PASAK LAHEM MEZONOS - he made an agreement with them that they will receive "Mezonos," meals from their employer

6) [line 27] KITNIS - legumes, beans
7) [line 33] U'MODEH REBBI YOCHANAN - perhaps the Girsa should be *MODEH* REBBI YOCHANAN (without a Vav)

8a) [line 35] KUR MA'ASER YESH LECHA B'YADI - I am holding a Kur (216, 248.83 or 432 liters, depending upon the differing Halachic opinions) of Ma'aser Rishon produce for you (TERUMAH / MA'ASER RISHON / TERUMAS MA'ASER)
(a) After a crop that is grown in Eretz Yisrael is harvested and brought to the owner's house or yard, he must separate Terumah Gedolah from the crop and give it to a Kohen. Although the Torah does not specify the amount to be given, the Rabanan set the requirement at one fiftieth of the total crop. After Terumah is removed from the produce, one tenth of the produce that remains must be designated "Ma'aser Rishon," and given to a Levi. The Levi, in turn, must separate one tenth of his Ma'aser Rishon as Terumas Ma'aser, to be given to a Kohen, as it states in Bamidbar 18:26.
(b) The produce may not be eaten until both Terumos have been removed, and it is known as Tevel. The punishment for eating Tevel is Misah b'Yedei Shamayim.

(a) The words "Tovas Hana'ah" denote the trivial benefit (in terms of pleasure or compensation) that a person receives in return for giving away an object or goods to which he has only very limited rights.
(b) A common example of this is selecting a particular individual to be the recipient of a gift that he is obligated to bestow to others. For example, Terumah must be given to a Kohen, and Ma'aser to a Levi. The Tovas Hana'ah of a Yisrael who separates Terumah or Ma'aser from his produce is the right to give the Terumah or Ma'aser to the Kohen or Levi of his choice.
(c) Even though one Kur is a large amount of produce, nevertheless the act of giving it to a Levi is considered a Matanah Mu'etes (a small gift) since the extent of the Yisrael's ownership of the Ma'aser Rishon is only with regard to the Tovas Hana'ah of it.

9) [line 37] ISHTAKACH D'KA ACHIL TEVALIM - the result would be that the Levi ate Tevel [when he used the promised Ma'aser Rishon as Terumas Ma'aser for other Ma'aser Rishon that he ate]

10) [line 39] TAR'OMES - complaints
11) [line 42] SHUMSHEMEI - sesame seeds
12) [line 48] KOL (CHALALA) [CHALALEI] D'ALMA - all of the underground treasures of the world

13) [line 49] B'DIDI HAVAH UVDA - that episode actually happened to me
14) [line 49] A'PANYA D'MA'ALEI SHABATA HAVAH - towards evening on Erev Shabbos

15) [last line] V'HAVAH YASIVNA - and I was sitting
16) [last line] KAI A'BAVA - and he stood at the gate


17) [line 2] HA BEISA KAMACH - the house is before you (i.e. you are free to place your money in my house if you wish)

18) [line 13] DEMEI KASPO - the [produce bought with the] value of his money
19) [line 15] ALIYAH - the second story of a house
20) [line 17] HACHAH BI'RESHUSEI D'LOKE'ACH NINHU - in this case the produce is in the domain of the buyer, who will be careful as well to protect it, not wanting his house to burn down

21) [line 20] CHAMRA - wine
22) [line 20] L'SOF SHAMA D'KA BAI L'MINSEVEI D'VEI PARZAK ROFILA - afterwards he heard that someone in the family of Parzak the Viceroy was getting married

23) [line 22] ONA'AH
See Background to Bava Metzia 47:1.

24) [line 22] ARBA'AH KESEF ME'ESRIM V'ARBA'AH KESEF L'SELA - four silver Ma'in, where there are 24 Ma'in to the Sela (CURRENCY)
Equivalents of coins and amounts used in the Gemara:

  • 1 Maneh = 25 Sela'im = 100 Dinerin [of Kesef, silver]
  • 1 Dinar Zahav = 25 Dinerin
  • 1 Sela = 2 Shekalin = 4 Dinerin
  • 1 Dinar = 6 Ma'in
  • 1 Me'ah = 2 Pundeyonin
  • 1 Pundeyon = 2 Isarin
  • 1 Isar = 6-8 Perutos (based on Kidushin 12a)
25) [line 23] SHESUS LA'MEKACH - one sixth of the value of the merchandise
26) [line 24] AD KEDEI SHE'YAR'EH L'TAGAR O LI'KEROVO - for as much time that it takes to show the merchandise to a merchant or to his relative

27) [line 28] SHESUS MA'OS - one-sixth of the money paid for the merchandise

28a) [line 31] BITUL MEKACH HAVYA - the sale is annulled, since the buyer was overcharged by one fifth
b) [line 32] MECHILAH HAVYA - the amount that was overcharged is considered insignificant, such that the buyer would forgo it, since it is one seventh

29) [line 33] MI'SHNEI TZEDADIM - from either side, i.e. Shesus Mekach and Shesus Ma'os

30a) [line 44] MI SHE'HUTAL ALAV - the person who was Mis'aneh, i.e. overcharged by a sixth
b) [line 44] YADO AL HA'ELYONAH - (lit. he has the upper hand) he can do what he wants (either to annul the sale or to keep the sale)

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