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Bava Metzia 68

BAVA METZIA 68 (16 Shevat) - dedicated by Gitle Bekelnitzky in loving memory of Leah bas Mordechai Dovid and Chasya (Bikelnitzky), mother of her late husband, Simcha Bekelnitzky, for the 41st Yahrzeit

(a) See Background to Bava Metzia 67:38 for a discussion of Sedeh Achuzah.
(b) Ravina's colleagues ("Man d'Asar") disagreed with him. According to them, Sedeh Achuzah belongs to Hekdesh until the owner redeems it. At that point it becomes his immediately, and -- unlike Mashkanta -- has nothing to do with a loan.

2) [line 4] SAVEI D'MASA MECHASYA - the Elders of the city of Mechasya (probably a suburb of Sura)

3) [line 5] SHATA - one year
4) [line 9] DI'SHECHUNAH GABEI - [the property] which dwells with him (the lender)

5) [line 10] DINA D'VAR METZRA
(a) When a person sells a field, the owner of the neighboring field has the first rights to buy it. If the owner sells it to someone else, then the neighbor has the right to take the field from him by paying the purchase price. This is an enactment of the Chachamim based on the verse, "v'Asisa ha'Yashar v'ha'Tov" (Devarim 6:18).
(b) Rav Ashi rules that when a lender is holding a property as collateral, he is considered to be the "Bar Metzra," the owner of a neighboring field, and thus he has the first rights to buy the pledged property.

6) [line 11] TARSHEI PAPONA'EI - the Tasha transactions [like those] of [Rav] Papa, referring to the type of transaction that Rav Papa used to do (as described on 65a), in which Rav Papa used to sell wine to buyers in Tishrei to be paid for it only in Nisan. Since he was letting the buyer make a delayed payment, Rav Papa would take the market price of wine of Nisan (which was higher than that of Tishrei). He did not consider it to be Ribis because it was he who was doing a favor to the buyer by selling the wine in Tishrei, when Rav Papa had no need to sell it at that time.

7) [line 11] SHETAREI MECHUZANA'EI - contracts [like those] of Mechuza
8) [line 12] CHACHIREI NARSHA'EI - leases [like those] of Narsh
9) [line 13] D'ZAKFEI LEI LI'REVACHA A'KARNA - they add the profits to the principle, making it a single sum

10) [line 18] HAVI "KI'SHEGAGAH SHE'YOTZA MI'LIFNEI HA'SHALIT" - [His words] were like "an error that proceeds from the ruler" (Koheles 10:5). This verse is applied to unfortunate occurrences that follow their inadvertent mention.

11) [line 20] HADAR CHACHRAH MINEI - he returned it to the debtor in the form of Chachirus, an agreement whereby a person works a field for a fixed amount of produce per year

12) [line 22] KANINA MINEI V'SHAHINA KAMA IDNEI V'HADAR CHACHRAH - "I acquired it from him and it remained in my possession for some time and he subsequently took it back under a Chachirus agreement"

13) [line 23] KEDEI SHE'LO SIN'OL DELES BIFNEI LOVIN - so as not to "lock the doors" in the faces of the borrowers (since creditors will not lend money unless they have certain incentives)

14) [line 25] EIN MOSHIVIN CHENVANI L'MACHATZIS SECHAR (ISKA) - we may not set up a storeowner [with merchandise to sell] for have of the profit.
When two people embark upon an Iska (a business deal) in which one of them provides merchandise and the other deals with the sales aspect, it is prohibited to divide the profits equally. Half of the merchandise is considered to be a loan and the other half to be a Pikadon. As such, the salesman must receive an extra payment for his efforts, or else his efforts with regard to the Pikadon of the owner will be considered Ribis in exchange for receiving the loan.

15) [line 28] EIN MOSHIVIN TARNEGOLIN L'MECHETZEH - we may not set up [a hen owner to use his] hens [in order to incubate one's eggs] for half of the profit

16a) [line 28] EIN SHAMIN AGALIN U'SEYACHIN L'MECHETZEH - we may not assess the value of calves or ponies [and then give them to a shepherd to raise] for half of the profit
b) [line 29] ELA IM KEN NOSEN LO SECHAR AMALO U'MEZONO - unless he (the owner) gives to him (the shepherd) a wage for his work and for the cost of the food

17) [line 30] MEKABLIN AGALIN U'SEYACHIN L'MECHETZEH - they may accept calves and ponies [to raise, when the owner has not assessed the value,] for half of the profit

18a) [line 31] MEGADLIN OSAN AD SHE'YEHU MESHULASHIN - they remain with him until they reach one third of their estimated full growth (RASHI; RAMBAM explains that this means until they are three years old)
b) [line 32] V'CHAMOR AD SHE'TEHEI TO'ENES - and a donkey until it can bear a load


19) [line 9] LO TAVAL IMO ELA V'TZIR - even if he only shared his meal with him (lit. dipped [bread] into fish-brine)

20) [line 10] GROGERES - a dried fig

21) [line 11] (KAMAH IZEI V'TARNEGOLIN MA'ALIN SIMAN) - this is a mnemonic device for remembering the proofs or citations that are brought in connection with the Sugya of Iska:

  1. *Kamah* refers to "*Kamah* Hu Secharo..." (line 12)
  2. *Izei* refers to "Ein Shamin Lo Es *ha'Izin*..." (line 17)
  3. *v'Tarnegolin* refers to "Maskeres Ishah l'Chavertah *Tarnegoles*..." (line 29)
  4. *Ma'alin* refers to "Makom she'Nahagu *l'Ha'alos*..." (line 34)
22) [line 16] NOSEN LO SECHARO MI'SHALEM - he must pay him his full wage [as a Po'el Batel]

23a) [line 17] IZIM - female goats
b) [line 17] RECHELIM - female sheep
24a) [line 20] GOZEZOS - fleece
b) [line 20] SHOTFOS - washed off (by passing through water)
c) [line 21] MORTOS - plucked off (by rubbing against thorns)

25a) [line 24] NISYOVEI - (O. F. mesgue) whey (the watery part of milk that separates from the curds)
b) [line 24] SOSREI - sheddings [of wool as a result of being washed off or plucked off by thorns]

26) [line 34] BEIZIM MUZAROS - unfertilized eggs
27) [line 34] SHE'NAHAGU L'HA'ALOS SECHAR KATEF L'MA'OS LI'VEHEMAH - where it is the custom [for the owner of an animal] to pay a carrier's wage in cash to the one who raises an animal

28) [line 40] GELALIM - dung
29) [line 46] ISURA L'INSHEI LO HAVI SAFI - he would not have fed to people something forbidden

30) [last line] IY PALGA B'AGAR, TREI TILSEI B'HEFSED - if [you, the borrower, take] half of the profits, then [the owner of the money or assets agrees to be liable for] two-thirds of any losses (and thus there would be no Ribis involved, since the owner accepts more liability than the recipient)

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