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Bava Metzia 74

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] BEI TELASA - a trio
2) [line 3] LO TZAR V'CHASIM INISH INISH LECHUDEI - where each individual did not wrap up and seal his money (in which case it would have been evident to whom it belonged, since it would have been known whose money was used)

3) [line 7] SITUMTA - a seal affixed to a container of wine as a sign that it was sold (i.e. reserved for the buyer even though it is still in the seller's warehouse). By extension, Situmta has come to mean any act that has been accepted by the members of a certain group as a binding agreement, such as a handshake

4) [line 8] L'KABULEI ALEI "MI SHE'PARA" - (lit. to accept upon himself a "He Who took retribution") a Rabbinic curse that begins with the words "He Who took retribution"
(a) A person who pays money to purchase Metaltelin (mobile goods) does not acquire them by paying for them until he performs Meshichah (see Background to Bava Metzia 44:5c) upon them. Therefore, both the buyer and the seller may retract from the purchase until Meshichah or another valid Kinyan is performed. (There are those who are of the opinion that paying for the goods does not effect a Kinyan mid'Oraisa. Others hold that it does effect a Kinyan mid'Oraisa, but the Rabanan instituted that the buyer and seller may still retract until the buyer does Meshichah -- Bava Metzi'a 47a). However, it is not proper for a person to go back on his word and retract a sale after money has been received for the goods being sold. If either the buyer or the seller do retract at such a point, they have not acted in the manner of proper, upstanding Jews (RAMBAM Hilchos Mechirah 7:1).
(b) If one of them wishes to retract in any case, he is brought to Beis Din to accept upon himself the curse of "Mi she'Para" from Beis Din. Beis Din says to him, "He Who took retribution from the Generation of the Flood (Bereishis 6:1 - 7:23) and from the Generation of the Dispersion (Bereishis 11:1-9) and from the inhabitants of Sedom and Amorah (Bereishis 19:24-25) and from the Egyptians who were drowned in the sea (Shemos 14:26-31) will punish he who does not stand by his word" (Bava Metzi'a 48a).

5a) [line 15] MISHDA B'CHAMA L'MEIVASH - to put it out in the sun to dry
b) [line 15] L'MEIDASH - to thresh; separating a natural product from its natural container (e.g. wheat from its stalk)
c) [line 15] MEIDRA - to winnow; using the wind to separate wanted from unwanted objects (e.g. wheat from chaff)

6) [line 18] B'YDEI SHAMAYIM HI - it is in the hands of Heaven [for there to be a strong enough wind for winnowing]

7) [line 18] NAFVASA - (O.F. van) sieves

8a) [line 19] MICHMAR - to warm [the grapes] (usually by exposure to the sun or from being put into the ground)
b) [line 19] IYULEI L'VEI MA'ATZARTA - to bring [the fruit] into [the room with] the winepress
c) [line 20] [U]L'MEIDASH - [and] to press [the fruit]
d) [line 20] MINGAD - to channel the grape juice into the collection pit

9) [line 21] HA'KOMER SHEL ZEISIM - the mass of pre-warmed olives
10) [line 24] IYULEI L'VEI DAPEI - to bring [the fruit] into [the room with] the olive press

11a) [line 28] LIPUFEI - (O.F. enmailloler) to mold; to shape (this is a borrowed expression, since the Old French word has the connotation of swaddling, a process that is done to a newborn baby to insure a proper shape -- Shabbos 129b)
b) [line 28] YIBUSHEI - drying
c) [line 28] IYULEI L'ATUNA - to place [the molded vessels] into a kiln
d) [line 29] L'MISRAF - to bake [them in the kiln]
e) [line 29] L'MEIPAK - to take them out

12a) [line 32] MIKLEH - burning [the limestone]
b) [line 32] APUKEI - taking [the burned limestone] out [of the furnace]
c) [line 32] MEIDAK - crushing (dropping a small amount of water on the hot stones that causes them to crumble)

13a) [line 38] AFAR LAVAN - white potters' earth
b) [line 38] AFAR SHACHOR - black potters' earth

14) [line 39] KEFAR CHANANYA V'CHAVROSEHA - the village of Chananyah, a village in the Galilee, and its environs

15) [line 39] KEFAR SHICHIN - the village of Shichin (probably near Shichin, which was near Tzipori in the lower Galilee)

16) [line 44] ASHIK AFRA - the potters' earth was scarce (RASHI) or expensive (RASHI, ARUCH)


17) [line 2] SHA'AR HA'GAVO'AH - (lit. the high market price) the price at which a larger ("high") quantity of produce can be purchased (i.e. a cheaper price)

18) [line 2] HA'HU GAVRA D'YAHIV ZUZEI L'NIDUNYA D'VEI CHAMUHA - there was a certain person who gave money to merchants from the assets set aside by his future father-in-law as a dowry for his daughter to buy jewelry that would be ready at a future date

19) [line 7] MA'OS LO KANU - according to the Torah, paying for the purchase of Metaltelin does not effect a Kinyan (KINYAN KESEF)
(a) When a person acquires an object, he must make a Ma'aseh Kinyan, a formal Halachically-binding act denoting his acquisition of the object, in order for the acquisition to be irrevocably binding. Depending on the object involved, different Kinyanim are used.
(b) Some Amora'im maintain that by Torah law, paying for the purchase of Metaltelin consummates a sale. This is known as "Kinyan Kessef." The Torah source for this Kinyan is the verse (referring to the redemption of Hekdesh) that states "v'Yasaf... Kesef... v'Kam Lo" - "and he shall [pay]... the money and it shall be his" (Vayikra 27:19) (RASHI to Bava Metzia 46b DH Savar). Others specify the purchase of an Eved Ivri, a Jewish slave, as the source for this Kinyan: if it is possible to purchase a person himself with Kesef (Kidushin 22b, see Background to Bava Metzia 31:33a), one certainly may purchase a person's possessions with Kesef (RABEINU CHANANEL to Bava Metzia 47b). A third opinion maintains that since Kesef is the most common method of purchase specified by the Torah (it effects Kidushin and is Koneh land and slaves), the unqualified word "Kinyan," which is used with regard to Metaltelin must also be referring to Kesef (RITVA to Bava Metzia 47b).
(c) Other Amora'im maintain that the Torah does not recognize payment as a form of Kinyan for Metaltelin. Even those who subscribe to the first opinion, that Kesef is a form of Kinyan mid'Oraisa, agree that the Rabanan normally invalidated Kinyan Kesef for the purchase of Metaltelin. Therefore, according to both opinions, in practice even after one has paid for Metaltelim he must be Koneh them with Meshichah (see Background to Bava Metzia 44:5c:c; or Hagbahah or Mesirah or another form of Kinyan) in order to consummate the sale. Thus, in a sale in which currency is being paid for merchandise, the buyer's Meshichah (pulling towards his domain) of the *merchandise* consummates the sale. The seller's Meshichah of the *currency* that was paid for it does not.
(d) One practical difference between whether Kinyan Kesef is effective mid'Oraisa or not arises when unusual methods of purchase are used (for example, when an item is purchased by forgoing a loan -- see Insights to Bava Metzia 46:3). According to the opinion that Devar Torah Ma'os Konos, the Rabanan did not apply their Gezeirah in unusual circumstances, and in such cases Kesef can indeed effect a Kinyan. Another ramification involves the Kinyan of a Nochri. The verse which discusses the Kinyan of Metaltelin ("Kanoh *mi'Yad* Amisecha" -- Vayikra 25:14) excludes a Nochri, who is not Amisecha, from that Kinyan. According to the opinion that Meshichah is Koneh mid'Oraisa for a Jew, a Nochri cannot be Koneh with Kinyan Meshichah but must be Koneh with Kesef. According to those who maintain the Kesef, and not Meshichah, is Koneh mid'Oraisa, a Nochri cannot be Koneh with Kinyan Kesef, but must be Koneh with Meshichah (Bechoros 13a).

20) [line 13] RABANAN / REBBI SHIM'ON - (source - Mishnah 44a; Gemara 47b)
21) [line 21] TA'AR ZILA - the lower market price

22) [line 24] MI'KOL MAKOM KACH HALACHAH AVAL AMRU CHACHAMIM MI SHE'PARA... - however, this is the Halachah, [that a buyer can back out of the deal even after he paid the money] but he must suffer the consequences, since they said (as a curse) "Mi she'Para..." (see above, entry #4) (RASHI)

23) [line 34] TANA VARA - the Tana of the Beraisa
24) [line 34] ASBERAH NIHALI - explained it to me so that I understood it
25) [line 35] ARISA YAHIV BIZRA - the sharecropper provides the seeds
26) [line 36] MATZI MESALEK LEI - is able to dismiss him

27a) [line 36] V'CHI KA NACHIS - (lit. and when he goes down [into the field]) and when he begins working as a sharecropper
b) [line 36] L'VATZIR ME'HACHI KA NACHIS - (lit. for less than that he goes down [into the field]) he works for the customary sharecroppers' percentage of the crop *minus* the price of the seeds

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