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Bava Metzia 63

BAVA METZIA 61,63,64,65 - 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 1] D'METARATZNA MASNISIN KEVASEI - since I have interpreted the Mishnahs according to him (that is, according to the Beraisos which he authored)

2) [line 19] OSIN AMANAH B'FEIROS V'EIS OSIN AMANAH B'DAMIM - we may make [a sale on] credit with fruit, and we may not make [a transaction of] credit with money. That is, when a buyer gives money (for example, 4 Zuz) to a seller in order to receive this money's worth of fruit (for example, one basket) at a later time, and when that time comes the fruit has increased in value (for example one basket of fruit is now worth 8 Zuz), the seller may give the buyer the larger amount of fruit, and it is not considered Ribis (even though the one basket of fruit is now worth 8 Zuz, and the buyer paid only 4 Zuz). In contrast, the seller may not give back money to the buyer in the amount that can now buy the desired quantity of fruit (for example, he may not give back 8 Zuz to the buyer, which can now buy one basket of fruit), for that would be considered Ribis.

3) [line 20] MAH LI HEN U'MAH LI DEMEIHEN - What difference is there between [giving] them (i.e. the merchandise) and [giving] their value? Rebbi Yanai maintains that when a buyer purchases merchandise in a futures contract (in a permissible manner, of course; see Background to Bava Metzia 61:14), and the merchandise increased in value before the delivery date arrived, when that date arrives the seller may substitute the merchandise with another type of merchandise equal in value to the originally-purchased merchandise, *at the present, increased value of that merchandise*, and it is not considered Ribis. (The Rishonim argue whether Rebbi Yanai permits replacing the originally-purchased merchandise at its present value only with other *merchandise*, or even with *cash*. See TOSFOS DH d'Amar Rebbi Yana.)

4) [line 22] BESH'MASHACH - when he did Meshichah (see Background to Bava Metzia 44:5c)

5) [line 23] YICHED LO KEREN ZAVIS - he (the borrower, who is the seller) designated a corner [of his house for the lender/buyer to store the produce that he bought] (so that the produce is considered to be in the domain of the buyer)

6) [line 24] TZAD ECHAD B'RIBIS - (lit. one side [of the transaction] involves interest) Rebbi Yehudah permits transactions which can have two possible outcomes and just one of those outcomes involve Ribis. He maintains that making a transaction that involves Ribis is prohibited only when the Ribis will definitely be given. In cases of "Tzad Echad b'Ribis," though, the presence of Ribis depends on the outcome of the transaction. The other Tana'im prohibit a transaction of "Tzad Echad b'Ribis."

7) [line 26] ASAH LO SADEHU MECHER - he made his field the object of a sale. This refers to a case in which a borrower gave his field to the lender, stipulating that if he does not repay the loan, the lender will acquire the field (for the money of the loan) retroactively.

8) [line 32] MI'SHAM RE'AYAH - from there is proof?!


9) [line 9] SHEKILA TIVUSICH V'SHADYA A'CHIZREI - your good intentions were useless (lit. the good that you did has been removed and thrown on the thorns)

10) [line 10] B'HINI UV'SHILI - in Hini and in Shili (two twin towns near Pumbedisa in Bavel)

11) [line 14] CHITEI D'KADCHEI B'ACHLEVA'I - was my wheat such that it was burning in my storehouse?

12) [line 16] SAFSIRA - a middle-man/agent
13) [line 17] ZUZEI D'INSHEI, INHU AVDEI LEI SAFSIRUSEI - the money of a person -- that is what acts as his agent (that is, a person with money needs no agent to find someone to sell him merchandise; the fact that he has money attracts sellers to him)

14a) [line 19] HAI MAN D'YAHIV ZUZEI A'TAR'A CHARIFA - the person who gives money [to purchase produce in a futures contract] at the early price (before the general market price is established, when poor people collected the leftover inferior wheat from the fields and sold it at a discount)
b) [line 20] TZARICH L'ISCHAZUYEI L'VEI DAREI - he must appear at his (the seller's) threshing floor [in order for the sale to be permitted]

15) [line 21] MI SHE'PARA - (lit. He Who took retribution) a Rabbinic curse that begins with the words "He Who took retribution" - see Background to Bava Metzia 44:9

16) [line 24] L'VEI TREI TELASA YAHIV - he gives to two or three [other sellers of produce]. It was the practice of one who buys produce at the early price (in a futures contract) to give money to more than one seller with the intention of buying from the seller whose produce turns out to be the best, and retrieving his money from the others.

17) [line 25] SAMCHA DA'ATEI - he (the seller) relies on it (and thus the buyer is committed to consummate the sale)

18) [line 26] AMINA D'ASHKACHAS PEIREI D'SHAPIREI MI'DIDI, V'SHAKALT - I said to myself that you found produce of higher quality than mine, and you took it

19) [line 29] KOL AGAR NATAR LEI ASUR - any reward for waiting [to receive one's money] is prohibited. This is the general principle which sums up the prohibitions of Ribis d'Oraisa and Ribis d'Rabanan.

20) [line 31] KIRA'AH - a wax dealer
21) [line 31] KA AZLEI ARBA ARBA - they (the wax blocks) go for four [per Zuz]
22) [line 33] IS LEI ASHRAI B'MASA - he (the seller) has credit in the city (he already paid his suppliers for wax, and is just waiting for them to deliver it to him)

23) [line 35] AD SHE'YAVO BENI O AD SHE'EMTZA MAFTE'ACH (RIBIS: SE'AH B'SE'AH) - (lit. until my son comes [with the key to the storehouse], or until I found the key)
(a) One of the cases of Ribis d'Rabanan is known as Se'ah b'Se'ah. This refers to a person who receives a Se'ah (or any other amount) of produce (or any other commodity) and agrees to pay back the same amount of produce at a future date, even if the value of the produce increases in the interim. Paying back the produce at the higher rate is considered Ribis, since the lender is receiving in return for his loan produced valued at more than the produce that he lent. However, since this is only Ribis d'Rabanan, the Rabanan permitted such an exchange when, at the time of the loan, the recipient of the loan has enough produce at home to pay back the loan, even if the produce is inaccessible to him at the time of the loan, and he is merely waiting for his son to come with the key.
(b) The Havah Amina of our Gemara wanted to compare the permitted case of "Se'ah b'Se'ah," in which the recipient has the produce and he is merely waiting to gain access to it, with the case of the wax purchase in which a seller offers a discount to a buyer if he pays him now for delivery later. Since the seller has already paid his suppliers and is merely waiting for the wax, the Gemara suggested that it is comparable to one who has the produce in his possession but is merely waiting for access to it (to find the key).

24) [line 36] KEIVAN D'MECHSEREI GUVAINA, K'MAN D'LEISNAHU DAMI - since they are lacking collection (because the suppliers whom the seller paid have not yet delivered the wax), it is as if they are not in his possession

25) [line 38] D'OZIF PESHITEI ME'CHAVREI - one who borrows small coins from his friend

26) [line 39] V'ASHKACH BEI TUFAINA - and he finds more [coins than he had requested]

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