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Bava Metzia 73

BAVA METZIA 71-74 - 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] BI'RESHUS MOCHER - [when the merchandise is] in the domain of the seller (meaning that the seller accepted full responsibility for the merchandise until it is brought to its destination, and thus it is not considered to have been loaned to the recipient, but rather the recipient is merely acting as the seller's agent to bring it to its destination)

2) [line 5] HA'CHAMARIN MA'ALIM B'MAKOM HA'YOKER KEVI'MEKOM HA'ZOL - the donkey drivers (who deal in produce, bringing it from a place in which it is cheap to a place in which it is expensive) may [accept money from wealthy homeowners in the place where produce is expensive and commit themselves to] bring [produce] to the place where it is expensive and sell it there for the price of the place where it is cheap. (Even though it appears that they are doing a favor for the homeowners (i.e. giving a discount) in return for being able to keep the homeowners' money, this is not considered Ribis, as the Gemara explains.)

3) [line 7] MEGALU LEHU TAR'A - (a) they (the wholesalers in the place where produce is cheap) see the money they are holding (i.e. the donkey drivers who come with the money of the wealthy homeowners) and give them favorable purchase terms, such as selling to them additional merchandise on credit (RASHI; the Rishonim question how this explanation is expressed by the words "Megalu Lehu Tar'a"); (b) they (the wealthy homeowners) reveal to them (the donkey drivers) the market price (i.e. on occasion, the price changes after the donkey drivers leave this town and return to the town where produce is cheap in order to buy the produce there; when they come back to the town where it is expensive, the wealthy homeowners do them a favor and tell them the new market price, and thus the donkey drivers are able to sell their produce in that town for a greater profit) (RABEINU CHANANEL and other Rishonim; see similar explanation in RA'AVAD cited by Shitah Mekubetzes)

4) [line 9] TAGRA CHADTA - a new merchant
5) [line 10] SURA - a town in Southern Bavel between the canals, seat of the Yeshiva founded by Rav

6) [line 10] AZLEI ARBA'AH ARBA'AH - four measures of produce go for one Zuz
7) [line 10] KAFREI - the name of a town
8) [line 13] ADAM CHASHUV SHA'ANI - a prestigious person is different [and must conduct himself in a more stringent manner]

9) [line 14] GRUTA'OS - broken pieces of metal; scrap metal (for which there is no consistent supply or demand)

10) [line 16] KELEI PISHTAN - linen garments
11) [line 18] PARDEISA - a vineyard. This refers to a future's contract wherein a buyer offers to purchase the wine that will eventually be produced from the grapes in the seller's vineyard. Since the grapes have not yet ripened, the wine is sold at a considerable discount.

12) [line 20] MISCHAZI KI AGAR NATAR LEI - it appears as though he (the seller) is paying a fee (i.e. he discounts the cost of the wine) in return for being able to hold on to the buyer's money for a longer time

13) [line 21] TIYUHA - a calamity
14) [line 23] TOREI D'NAFISH PESEIDAIHU - (a) oxen whose damage is considerable. This refers to the damage caused to the oxen by the thorns in the vineyard. Since the buyer uses his own oxen to harvest the grapes of the seller's field, the discount that he receives is not considered Ribis, because he must absorb the damage caused to his oxen. In addition, the oxen damage the vines (see Rashi, beginning of 30a), causing a smaller yield of grapes (RASHI); (b) according to the Girsa *TAVAREI*, "ox-drivers," this refers to a completely different case altogether. It refers to ox-drivers who sell the young calves in their flock and the unborn calves which will be born in the coming year. Since it is common for many of the unborn calves to be stillbirths, the discount is warranted and is not considered Ribis (TOSFOS DH B'torei, citing the Girsa of RABEINU CHANANEL)

15) [line 24] HANAHU D'SHAVSHEI SHIVSHA - (a) those [field owners] who provide seed to their sharecroppers to plant, in return for new grain at the time of the harvest (RASHI); (b) those [buyers] who give money to vineyard owners now in order to buy, at a discount, the branches and vines that will grow later (and be worth more) (RABEINU CHANANEL, RAMBAM)

16) [line 24] HAFOCHU B'AR'A KI HEICHI D'KANI LECHU GUFA D'AR'A - dig in the ground in order that you should acquire [part of] the ground itself. According to Rashi (see 15:a above), the Girsa is "Sai'ye'o b'Gufa d'Ar'a" (help him in working the ground itself), and it means that the field owner must assist the sharecropper in some way so that when he receives new grain in return for the seed that he gave, it will not be Ribis (but rather it will be in return for the assistance that he gave). According to Tosfos and Rambam (see 15:b above), it means that the buyer should make a Kinyan on the vines that exist in the ground, so that his Kinyan takes effect now and when the vines grow to be large and valuable, they are his that grew.

17) [line 26] HANAHU D'MENATREI BAGEI - those who guard the [stalks in the] fields
18) [line 27] PUKU - go out
19) [line 27] HAFOCHU B'VEI DAREI - help [the owners do the threshing] in the threshing house

20) [line 27] KI HEICHI D'LO SISHTALEM SECHIRUS DIDCHU AD HA'HI SHA'ATA - in order that your employment not conclude until that moment. The field owner would pay the guards their fee late, after the produce had been harvested and processed, and in return for paying them late he would add a bonus. This constitutes Ribis, since the employer owed them money and added to what he owed them in return for the delay in payment. Therefore, Rava advised the guards to do some work in the threshing house, so that their employment would not end until that time, and thus the owner would not owe them any money until that point (and when he adds a little extra, it is not in return for the delayed payment, since there was no delay in the payment, but it is merely an extra bonus).

21) [line 29] SECHIRUS EINAH MISHTALEMES ELA LEVA'SOF - employment wages (of hired workers) are not paid until the end (when the work is finished)

22) [line 36] MAFSIDATU LEHU B'CHAMAH - you are causing him a loss of a lot
23) [line 36] ANA NATARNA - I wait


24) [line 1] RAV MARI BAR RACHEL - Rav Mari, the son of Rachel. He was referred to by his mother's name, and not by his father's name, because his mother, Rachel (the daughter of Shmuel) was taken captive by a Nochri who married her. After she conceived and before she gave birth, the Nochri converted and became Jewish, and was known as Isur Giyora (Isur the Ger). In deference, to Rav Mari's honor, he is referred to by his mother's name.

25) [line 2] NATAR TREISAR YARCHEI SHATA - he waited twelve months [before paying rent for the house]

26) [line 3] SHAKAL AGAR BEISA - he took the rent for the house
27) [line 3] AMTI LEI L'RAVA - and he brought it to Rava
28) [line 9] K'DINEIHEM AVDINAN LACH - I will act with you in accordance with their laws (i.e. the laws of the Nochrim)

29a) [line 9] KOL EIMAS D'LO MESALKEI B'ZUZEI - as long as he (the debtor) cannot remove him (the creditor) [from the property he gave to the creditor as security for the loan] by paying him back the money [of the loan]
b) [line 10] LO SHAKIL AGAR BEISA - he (the debtor) may not take rent for the house

30) [line 11] AD D'MESALAKNA LACH B'ZUZEI - until I remove you [from the house by making sure that the Nochri pays you back] with money

31) [line 12] BARNISH - Barnish, the name of a city
32) [line 14] CHAMRA - wine
33) [line 14] MAVCHAREI LEI - they choose it (the wine)
34) [line 15] CHALA - vinegar
35) [line 18] AKRA D'SHANVASA - (O.F. contrede) the province/region of around the river Shanvasa (a river in Bavel) (RASHI)

36) [line 18] SHAFCHEI LEI TEFEI KUFISA - they poured for him an extra container's worth [of wine]

37) [line 22] AR'A L'TASKA MESHA'ABDA - the land is subject to the property tax
38) [line 23] MAN D'YAHIV TASKA LEICHOL AR'A - the person who pays the property tax shall consume the [produce of the] land

39) [line 24] YAHAVEI ZUZEI A'KARGA D'INSHEI - they pay money for the head-tax of [poor] people

40) [line 25] MESHA'ABEI BEHU TEFEI - they subjugate them excessively
41) [line 26] ICHU SHECHIVA - if I would have died now
42) [line 27] MOHARKAIHU D'HANEI - the seal of slavery of these people
43) [line 28] B'TAFSA D'MALKA MANACH - is lying in the chest of the king
44) [line 30] HAVAH TAKIF INSHEI D'LO MA'ALU - he would seize people who were not good

45) [line 31] ME'AYEIL LEHU B'GUHARKA D'RAVA - he would bring them to [carry] the coach (O.F. reitwage) of Rava

46) [line 32] RA'ISA SHE'EINO NOHEG KA'SHURAH - [if] you have seen that he (your fellow Jew) is not acting properly

47) [line 34] "L'OLAM BAHEM TA'AVODU; [UV'ACHEICHEM... (Vayikra 25:46) "[V'HISNACHALTEM OSAM LI'VNEICHEM ACHAREICHEM LA'RESHES ACHUZAH,] L'OLAM BAHEM TA'AVODU, UV'ACHEICHEM [BENEI YISRAEL, ISH B'ACHIV LO SIRDEH VO B'FARECH.]" - "[And you shall hold onto them as a heritage for your children after you, to give to your heirs as a possession;] you shall work with them forever, and your brothers, [the people of Yisrael, you shall not subjugate with hard labor.]" (Vayikra 25:46) The Gemara reads the word "uv'Acheichem" ("and your brothers") together with the preceding phrase ("you shall work with them"), teaching that you may also make your fellow Jew a slave, under the conditions which the Gemara desribes.

48) [line 39] PARVESA D'ZULSHAFAT - the port of Zulshafat, the main market for wine during the season of grape harvest, when wine was sold for cheap.

49) [line 44] ASMACHTA LO KANYA -
(a) Asmachta refers to "reliance" upon a particular eventuality or a conditional [monetary] obligation which the parties involved undertake without full commitment. The reason that the parties involved do not commit themselves fully is because their obligation is contingent upon the fulfillment of a condition that each party anticipates will not be fulfilled. An example of this is when gamblers place wagers, where neither of them expects to lose the wager.
(b) The Tana'im (Bava Basra 168a) argue as to whether such a commitment is binding or not.

50) [line 45] IM OVIR V'LO A'AVID, ASHALEM B'MEITVA - "If I let the land lie fallow and I do not work it, I will pay you with my highest quality property." The sharecropper is obligated to pay the field owner a certain percentage of the field's produce. In this case, in the sharecropping agreement the sharecropper stipulates that if he does not work the field, he will compensate the field owner for his share of the produce that the field would have produced, and if he does not pay cash as compensation, he will let the field owner take the best of his fields as compensation.

51) [last line] B'YADO - it is in his hands [to work the field]

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