(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


brought to you by Kollel Iyun Hadaf of Har Nof

Ask A Question on the daf

Previous daf

Bava Metzia 51

BAVA METZIA 51-55 - Mrs. Estanne Abraham-Fawer has dedicated two weeks of Dafyomi study material to honor the second Yahrzeit of her father, Reb Mordechai ben Eliezer Zvi (Weiner, who passed away 18 Teves 5761). May the merit of supporting and advancing the study of the Talmud be l'Iluy Nishmaso.

1) [line 5] USHPAZICHNEI D'RAMI BAR CHAMA - the innkeeper of Rami Bar Chama
2) [line 5] ZAVIN CHAMRA - sold wine
3) [line 6] ASHKECHEI D'HAVAH ATZIV - Rami Bar Chama found him (the innkeeper) in low spirits

4) [line 8] SHADREI - he sent him
5) [line 10] MECHAVI LEI - he shows it [to ascertain it value]
6) [line 11] AD D'MISRAMI LEI ZEVINTA KI'ZEVINTEI - until he hears about a sale of an item identical to the one he sold

7) [line 12] D'HAVAH NAKAT VARSHECHEI LI'ZVUNEI - (a) (O.F. bendels - a bundle or the belt or tie-rope used to make a bundle of some item) bundles of silk; silk belts or ties (RASHI); (b) [strings of] pearls (RABEINU CHANANEL cited by the ARUCH Erech Varshechei and brought in the Mesores ha'Shas to Kidushin 13a); (c) (O.F. frontal) golden frontlets, which are ornamental plates that cover the forehead from ear to ear (RABEINU GERSHOM cited by the ARUCH ibid.)

8) [line 12] KARI SHISA, V'SHAVYA CHAMSHA - he announced that he was selling it for six [Zuzim], while it was actually worth five [Zuzim]

9) [line 15] B'LOKE'ACH MI'BA'AL HA'BAYIS - in a case where one buys items from a homeowner (not a merchant)

10) [line 16] KEIFEI - jewelry; rings
11) [line 20] (YASHER) [YEYASHER] - You did well!
12) [line 22] TZADREYASA - rough cloth garments; sackcloth
13) [line 22] MANEI TASHMISHTEI D'YAKIREI ALEI - his personal property and belongings, which are precious to him

14) [line 26] "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)

15) [line 29] KIM LEI BI'ZEVINTEI - he knows about [the actual price of the item of] his sale

16) [line 30] D'AMREI (INASH) [INSHEI] - since people say
17a) [line 31] ZAVNIS, KANISA - if you buy [anything that lasts], you have gained
b) [line 31] ZAVIN, OVID - if you sell [anything that lasts], you have lost out

18) [line 33] TAGAR SAFSAR - a middleman with a fast turnover rate
19) [line 35] MISHUM D'ISRAMYA LEI ZEVINTA ACHARISI - since a sudden business opportunity came up and he needed the money

20) [line 36] AFILU PACHOS MI'CHEDEI ONA'AH CHOZER - that even if he is defrauded for less than one sixth, he is permitted to annul the deal, since this is his livelihood

21) [line 41] SIMAN Z"B R"SH - a mnemonic device to remember the names of the Amora'im that follow. It stands for Rebbi Ela*z*ar, Ra*b*ah, *R*ava and Rav A*sh*i.

22) [line 45] AL MENAS SHE'EIN LECHA ALAI ONA'AH - on the condition that you have no claims against me [with regard to the Halachos] of Ona'ah

23) [line 47] MEKUDESHES - betrothed (with Kidushin)
24) [line 48] SHE'ER, KESUS V'ONAH - food, clothing and the obligation of a husband with regard to marital relations (the three primary obligations of a husband towards his wife)

(a) It is possible to make a condition in all Nedarim (vows; see Background to Nedarim 2a) or Kinyanim (acquisitions; the word Kinyan connotes a change of ownership or status, such as sales, gifts, Gitin and Kidushin) such that the Neder or Kinyan will not take effect unless one or both of the parties involved fulfill the specified condition. However, the Torah established that not all conditional statements are valid. Rather, the wording of the conditional statement must follow a specific formulation (Kidushin 61a).
(b) It is debated among the Tana'im and Amora'im if it is possible to alter a Halachic effect (such as Nezirus or Kinyan) that the Torah or the Rabanan describe, through a Tenai. For instance, the Torah says that the Kinyan of Kidushin (betrothal) obligates the husband with certain marital and financial obligations towards his wife upon their marriage. If a person specifies that he wants to make a Kidushin on the condition that the Kidushin will not commit him to those obligations, it is called "Masneh Al Mah she'Kasuv ba'Torah," a Tenai that is attempting to change obligations (of Kidushin, in this case) that the Torah specifies. Another example of this would be if a person attempts to make himself a Nazir on the condition that he be permitted to become Tamei Mes. Some Tana'im rule that a condition which attempts to change any Kinyan, either one that is mid'Oraisa or one that is mid'Rabanan, is not valid. Others hold that a condition can change only a Kinyan that is mid'Rabanan (which is weaker), while yet others rule that it can only change a Kinyan that is mid'Oraisa (since the Rabanan were more stringent with their institutions, lest people belittle them). Finally, there are those who rule that it can change either a Kinyan that is mid'Oraisa or one that is mid'Rabanan.
(c) If the Tenai is not formulated properly, or if it does not fulfill one of the above points, the Tenai is not valid and the action (i.e. the Kinyan) takes effect *even if* the parties do not fulfill the specified conditions. That is, the Tenai is disregarded.

26) [line 48] B'DAVAR SHEB'MAMON, TENA'O KAYAM - regarding a monetary matter, a stipulation [made contrary to Torah law] is binding


27) [line 3] VADAI KA AKAR - his stipulation [with regard to Kidushin] has certainly uprooted [laws of the Torah]

28a) [line 6] AL MENAS SHE'EIN LECHA ALAI ONA'AH - on the condition that you have no claims against me [with regard to the Halachos] of Ona'ah
b) [line 7] AL MENAS SHE'EIN BO ONA'AH - on the condition that in this [sale] there is no Ona'ah

29) [line 8] HA'NOSEI V'NOSEN B'AMANAH - one who trades based on trust; (a) a hired salesman who is given a commission to sell merchandise at the highest price that he can get. The employer *trusts* that the salesman will deal in his best interests and will get the best price he can (RASHI); (b) a merchant whose customers *trust* him to tell them how much he paid for his merchandise. They then buy it from him for that amount plus a bit more, to compensate him for his efforts (TOSFOS DH ha'Nosei)

30) [line 10] L'RAV D'AMAR, "ANA D'AMRI..." ELA MECHAVARTA RAV AMAR K'REBBI MEIR - that is, according to the Amora'im of the Gemara who tried to explain (on Amud Alef, last line) that Rav's ruling does not contradict Rebbi Yehudah's ruling, this Beraisa is problematic, since it fits neither with Rebbi Meir's ruling nor with Rebbi Yehudah's. As a result, Abaye retracts that assertion and concludes that Rav must hold like Rebbi Meir. Rav may then answer the question from the Beraisa by claiming that its author is Rebbi Yehudah.

31) [line 11] MECHAVARTA - it is clearly correct

32a) [line 22] LO YECHASHEV ES HA'RA B'AMANAH V'ES HA'YAFEH B'SHAVEH - (a) a person may not ask a salesman to sell for him poor-quality merchandise and return the earnings of the sale ("b'Amanah") if in lieu of a commision, the employer sells the salesman first-quality merchandise at a set price ("b'Shaveh") and allows the salesman to push off paying for the sale until he finishes selling the poor-quality merchandise b'Amanah. This infringes upon the Halachos of Ribis (usury) since the salesman is selling the employer's poor-quality merchandise in return for having received a loan until the merchandise is entirely sold. (RASHI); (b) if a merchant who sells on trust (see above, entry 29:b) buys first-quality and poor-quality merchandise simultaneously, he may not tell his customers the average price he spent per item when they ask what he paid for the poor-quality merchandise and the actual value of the individual items when they ask what he paid for the first-quality merchandise. This infringes upon the Halachos of Ona'ah (overcharging). (RABEINU CHANANEL, cited by TOSFOS DH Lo Yechashev)

33a) [line 24] SECHAR KATAF - the charges of a delivery man
b) [line 24] SECHAR GAMAL - delivery charges if a camel is needed
c) [line 24] SECHAR PUNDAK - lodging expenses of the salesman

34) [line 25] SECHAR ATZMO EINO NOTEL, SHE'KEVAR NASAN LO SECHARO MI'SHALEM - (a) [when a salesman sells "b'Amanah,"] the employer does not have to calculate the salesman's commission for selling the merchandise, since he already has paid the salesman his full (promised) commission (RASHI); (b) the customer who buys from a merchant on his word (see above, entry 29:b) does not have to add a small sum to the retail price the seller quotes him in order to compensate the seller for his efforts. He may assume that the wholesaler who sold the merchandise to the merchant gave the merchant a wholesaler's discount, which compensates the merchant for his efforts. (RABEINU CHANANEL, cited by TOSFOS)

35) [line 27] B'TZADRUYEI, D'YAHAVEI ARBA L'ME'AH - [the above statement was made] with regard to canvas (hemp) apparel (O.F. chenevaz / from the Greek cannabis), where it is the accepted practice (a) for the employer to pay his salesman four Zuzim for every 100 Zuzim that the salesman receives for the merchandise (4%) [and the salesman deducts that amount on his own before returning the earnings to his employer] (RASHI); (b) for a merchant to be given a 4% discount by the wholesaler who supplies him, so that the merchant can make a profit by reselling them at the retail price (RASHASH -- see MAHARSHA)

36) [line 28] HA'SELA (CURRENCY)
(a) Equivalents of coins and amounts used in the Mishnah and Gemara:

  • 1 Sela = 2 Shekalin = 4 Dinerin = 48 Pundeyonin = 96 Isarin
  • 1 Dinar = 6 Ma'in = 12 Pundeyonin = 24 Isarin
  • 1/2 Dinar = Rova (1/4) Shekel = Sela Medinah
  • 1 Me'ah = 2 Pundeyonin
  • 1 Pundeyon = 2 Isarin
  • 1 Isar = 6-8 Perutos (based on Kidushin 12a)
(b) Another name for a Dinar of Kesef is a *Zuz*. All of the coins listed above are silver except for the Perutos, which are copper. (This is the ruling of most of the Rishonim. According to the ROSH 4:20, even the Pundeyonin and Isarin are copper.)
(c) The word "Shekel," as used in the phrase "Machatzis ha'Shekel," refers to the Shekel that was in use at the time of Moshe Rabeinu, which was equivalent to the "Sela" of the times of the Gemara. Machatzis ha'Shekel is half of a Sela, or two Dinerin. People became accustomed to calling the coin that was valued at half of a Sela, "Shekel," since it was "paid out" ("Shoklim" Oso) in order to fulfill the Mitzvah of Machatzis ha'Shekel each year (RAMBAN to Shemos 30:13). Likewise, the Shekel to which our Gemara refers is worth half of a Sela or two Dinerin.
(d) There is a difference between the Sela Tzori -- the Sela of Kesef Tzori, the denominations of coins used in Tzor (above, (a)), and the Sela Medinah. The Sela Medinah is an eighth of a Sela Tzori, or half a Zuz/Dinar, as there are four Zuzim/Dinerin in a Sela Tzori (see Midos v'Shi'urei Torah, C. P. Benish, Benei Brak, 5760, pp. 433-434).

37a) [line 29] ARBA ISAROS, ISAR L'DINAR - four Isarin [per Sela, which is] one Isar per Dinar
b) [last line] ARBA PUNDYONOS, PUNDYON L'DINAR - four Pundyonin [per Sela, which is] one Pundyon per Dinar

Next daf


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,