POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Bava Metzia 44
1) INTENTION TO MAKE UNAUTHORIZED USE (cont.)
(a) Question: What are their sources for their opinions?
2) LIABILITY FOR WHAT HE DID NOT INTEND TO TAKE
(b) Answer (Beraisa - Beis Shamai): "Al Kol Davar Pesha" -
this teaches that one is liable for intention as deed;
(c) Beis Hillel say, he is only liable if he actually took
the object - "Im Lo Shalach Yado".
(d) Beis Shamai: But is says "Al Kol Davar Pesha"!
(e) Beis Hillel: But it says "Im Lo Shalach Yado"!
(f) Question: What do Beis Hillel learn from "Al Kol Davar
(g) Answer: One might have thought, he is only liable if he
himself used it - "Al Kol Davar Pesha" teaches, he is
liable even if his slave or agent used it on his command.
(a) (Mishnah): If he tilted a barrel...
***** PEREK HA'ZAHAV *****
(b) (Rabah): He is only exempt on the rest if the barrel
broke - but if the wine soured, he is liable.
(c) Question: Why is this?
(d) Answer: Taking some causes it to sour quicker (because
the barrel is no longer full).
(e) (Mishnah): If he lifted a barrel and took...
(f) (Shmuel): He is liable for lifting it to take, even if he
(g) Suggestion: Shmuel says that one who makes unauthorized
use is a robber even without diminishing the object.
(h) Rejection: No - here is different, for the taker wants
the rest of the barrel to help preserve the Revi'is he
wants to take, he is considered a borrower.
(i) Question (Rav Ashi): One who lifts a wallet to take a
coin from it - what is the law?
1. Wine needs other wine to preserve it - this does not
apply to coins!
2. Or - perhaps he wants the coin to be guarded in the
wallet, it is less likely to be lost than a loose
3. This question is not resolved.
3) WHAT ACQUIRES WHAT
(a) (Mishnah). In a sale, Meshichah (pulling to one's domain)
of the *commodity* being sold consummates the sale;
Meshichah of the *currency* being paid for it does not.
As such, if gold coins were traded for silver coins, gold
is considered the commodity and silver the currency.
Meshichah of the gold therefore "acquires" the silver
(i.e. it consummates the sale and *obligates* the one who
did Meshichah to pay his silver in exchange for the
gold). Meshichah of the silver does not consummate the
sale (and the owner of the gold can still retract the
sale), since silver is considered the currency;
4) GOLD VERSUS SILVER
(b) Copper acquires silver (through performing a Meshichah on
the copper), silver does not acquire copper (through
performing a Meshichah on the silver);
(c) Bad coins acquire good coins, not vice-versa;
(d) A blank coin (which hasn't been stamped) acquires good
coins, not vice-versa;
(e) Metaltelim acquire coins, not vice-versa;
(f) All Metaltelim acquire each other.
1. If Reuven did Meshichah on Shimon's produce to buy
it and did not yet pay, Shimon cannot retract;
2. If Reuven paid for Shimon's produce and did not yet
do Meshichah on it, Shimon can retract - however,
Chachamim said, He who punished the generations of
the flood and the dispersion, He will punish one who
does not honor his word.
3. R. Shimon says, whoever is holding the money has the
(a) (Mishnah): Rebbi taught his son R. Shimon 'gold acquires
(b) R. Shimon: In your youth, you taught that silver acquires
(c) Question: What was Rebbi's reason in his youth and old
(d) Answer: In his youth, he reasoned that gold is more
important, therefore it is the currency; in his old age,
he reasoned that silver is more accepted (by sellers), so
it is the currency.
(e) (Rav Ashi): Presumably, his first reason is correct, for
the Mishnah continues: copper acquires silver, silver
does not acquire copper;
1. If silver acquires gold, we understand why this was
taught - even though silver is the commodity with
respect to gold, it is currency with respect to
(f) Rejection: No, we needed to teach it - one might have
thought, in places where copper is used, it is more
accepted than silver, it is the currency - the Mishnah
teaches, this is not so, since there are places where it
is not accepted.
2. Question: But if gold acquires silver, why this was
taught - if silver is the currency with respect to
gold (even though gold is more important), all the
more so it is currency with respect to copper (which
is less important and less accepted by sellers than
(g) (We infer from the following that) R. Chiya also says
that gold is the currency with respect to silver.
1. Rav borrowed gold coins from R. Chiya's daughter;
their value increased (with respect to silver). R.
Chiya ruled that he returns coins like he borrowed.
(h) Rejection: No - Rav had gold coins at home; in such a
case, it is permitted to lend measure for measure.
2. This ruling is fine if gold is the currency.
3. Question: But if gold is the commodity - this is as
lending a measure of grain on condition to return
the same measure, which is forbidden (lest grain
rise in value, and this is usury mid'Rabanan)!
(i) (Rava): The following Tana says that gold is the
1. (Beraisa): A Perutah is an eighth of an Italian Isar
- this is the amount needed to make Kidushin;
(j) (Mishnah - Beis Shamai): One who has silver Sela'im (a
Sela equals four Dinarim) of Ma'aser Sheni - he may not
make (i.e. convert) them to gold Dinarim;
2. An Isar is a 24th of a silver Dinar - this is
pertinent to commerce;
3. A silver Dinar is a 25th of a gold Dinar - this is
pertinent to redemption of a firstborn son (which is
five silver Shekalim, which equal 20 silver
4. This is fine if gold is the currency, for then its
value is considered fixed (and the redemption is
always four fifths of a gold Dinar);
i. But if it is the commodity - why does the Tana
gauge the redemption in gold, it fluctuates
(the price of gold changes)!
(k) Beis Hillel permit this.
(l) Version #1 (R. Yochanan or Reish Lakish): They argue
regarding converting Sela'im to gold Dinarim - Beis
Shamai say that gold is the commodity, we do not redeem
currency on commodities (only on food in Yerushalayim);
1. Beis Hillel say that gold is the currency, we may
redeem commodities onto currency;
(m) (The other of R. Yochanan and Reish Lakish): They even
argue regarding redeeming produce onto (gold) Dinarim.
(Beis Shamai say that gold is a commodity, we do not
redeem onto it).
2. All agree that we may redeem produce onto gold
3. Question: Why do Beis Shamai agree (they say that
gold is the commodity!)?
4. Answer: For the same reason that Beis Hillel permit
redeeming fruit onto silver - even though silver is
the commodity with respect to gold, it is the
currency with respect to produce;
i. Likewise, Beis Shamai agree that gold is
currency with respect to produce.
(n) Question: If so, the Mishnah should rather teach the
argument by redeeming produce onto Dinarim!
(o) Answer: If so, one might have thought that Beis Hillel
agree that gold is the commodity with respect to silver,
and silver may not be redeemed onto gold.