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Rosh Kollel: Rabbi Mordecai Kornfeld

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Bava Metzia 48


(a) Question (against Reish Lakish - Mishnah): ...However, Chachamim said, He who punished the generations of the flood and the dispersion, He will punish one who does not honor his word.
1. If (mid'Oraisa) coins acquire - we understand why one who retracts is cursed thusly.
2. But if coins do not acquire - one who retracts merely does not fulfill his word - is he cursed thusly?!
i. (Beraisa - R. Shimon): Even though Chachamim said that a garment acquires a Dinar and a Dinar does not acquire a garment - and they do not force the seller to give it - however, Chachamim said, He who punished the generations of the flood and the dispersion, the people of Sodom and Amora and the Miztrim at the sea, He will punish one who does not honor his word;
ii. One who buys and sells with words - this is not an acquisition; Chachamim are displeased with one who retracts.
iii. (Rava): There is no curse for this, just Chachamim are displeased.
(b) Answer: One who buys and sells with words, and money was given, and he retracts - he is cursed;
1. One who buys and sells with words (there was merely an agreement without a Kinyan), and money was not given, and he retracts - he is not cursed.
(c) (Rava): A verse and a Beraisa support Reish Lakish.
1. The verse - "And he will deny..."
2. (Rav Chisda): "bi'Tessumes Yad" - this is a vessel which the borrower designated as collateral for a loan (therefore, if he denies it he must swear);
i. "Oshak" - this is a vessel which the employer designated as collateral for payment of the worker (therefore, if he denies it he must swear);
3. When the Torah speaks of his admission, it says he will return "...ha'Gezelah...ha'Oshek..." - but it does not mention Tessumes Yad!
4. Suggestion: It omits this because the lender never acquired it, because he never made a Meshichah!
(d) Question (Rav Papa): Perhaps the Torah omitted saying that he returns it because we learn from Oshek!
(e) Rejection (Rava): The case of Oshek is when the worker took the vessel as a security, and returned it to the employer.
(f) Question: If so, that is a deposit (which is mentioned separately in the verse)!
(g) Answer: The Torah mentions two kinds of deposits.
(h) Question: If so, the Torah should also mention returning Tessumes Yad, when the lender took the vessel as a security, and returned it!
(i) Answer: Had it done so, we would not know whether Meshichah is needed; now that it is omitted, we learn that Meshichah is needed.
(j) Question: But the Torah mentions returning Tessumes Yad!
1. (Beraisa - R. Shimon): Everything mentioned (by the oath) is also alluded to in the verse of returning - "O mi'Kol Asher Yishava Alav la'Sheker".
2. (Rav Nachman): This comes to include (that one must return) Tessumes Yad.
(k) Answer: In any event, it was not mentioned explicitly - (this teaches that it is only returned when it is like a deposit, i.e. the lender took it as a security, and returned it - the reason is, Meshichah is needed to acquire).
(l) Support (for Reish Lakish - Beraisa): Reuven unintentionally gave Hekdesh money to a bathhouse attendant (to pay for a bath he will take) - Reuven transgressed Me'ilah;
1. (Rav): That is only regarding a bathhouse attendant, for there is nothing requires Meshichah - but by something which requires Meshichah, Me'ilah only takes place when he is Moshech (for this completes the transaction).
2. Question (Beraisa): Reuven unintentionally gave Hekdesh money to a barber (so he will cut his hair) - Reuven transgressed Me'ilah;
i. We should say, Me'ilah is only after he is Moshech the instruments used to cut!
3. Answer: The case is, it is a non-Jewish barber, who does not acquire through Meshichah.
4. Support (Beraisa): Reuven unintentionally gave Hekdesh money to a barber, shipdriver or any professional - he does not transgress Me'ilah until he makes Meshichah.
i. Question: This contradicts the previous Beraisa!
ii. Answer: That Beraisa speaks of a non-Jewish barber, this one speaks of a Yisrael barber.
(m) (Rav Nachman):Money acquires mid'Oraisa.
(n) Levi (in his own Tosefta): Reuven unintentionally gave Hekdesh money to a wholesaler - Reuven transgressed Me'ilah.

(o) Question: This contradicts Reish Lakish (he did not pull)!
(p) Answer: That teaching is as R. Shimon.
(a) (Mishnah): However, Chachamim said, He who punished...
(b) (Abaye): Beis Din informs (one who wants to retract) that Hash-m will punish him.
(c) (Rava): Beis Din curses him.
1. Abaye did not say they curse him (for this is forbidden) - "v'Nasi v'Amecha Lo Sa'or"!
2. Rava says, that only applies to "Amecha" - one who acts as a Yisrael.
(d) Rava learned from an episode in which people gave R. Chiya bar Yosef money for salt; it rose in price.
1. R. Yochanan: Honor the sale - if not, you will accept on yourself 'He who punished...'
2. If Beis Din merely informs him - there would be no need to inform R. Chiya bar Yosef!!
(e) Objection: But if you say that Beis Din curses him - could one imagine that R. Chiya bar Yosef would accept a curse of Chachamim?!
(f) Answer: The case was, they only gave partial payment. R. Chiya thought that he is only obligated to sell as much as was paid; R. Yochanan told him, he must honor the entire sale.
(a) (Rav): Partial payment only obligates the seller to give the value of what was paid;
(b) (R. Yochanan): It obligates him to sell the entire object.
(c) Question (against R. Yochanan - Beraisa - R. Yosi): Reuven gave Shimon a security, saying 'If I retract, you may keep this'; Shimon said, 'If I retract, I will give double your security (worth of the sale item)' - their stipulations take effect;
1. This is as R. Yosi holds elsewhere, that Asmachta (an exaggerated promise) takes effect.
2. R. Yehudah says, he only acquires as much as the value of the security (and if the buyer retracts, he gets back his security);
3. R. Shimon ben Gamliel: They argue when he said 'My security should acquire (as a security, it is not the beginning of payment)';
i. But if Reuven was buying land and paid half the price, he acquires it all immediately; the rest of the money can be given years later.
ii. Suggestion: The same applies to Metaltelim - (money 'acquires' them, i.e. the seller cannot retract without suffering the curse) - part of the money also 'acquires' all of them (like land) without any stipulation.
(d) Answer: No, by Metaltelim, money only 'acquires' its own value.
(e) Question: What is the difference between land and Metaltelim?
(f) Answer: Money properly acquires land, therefore, part of the money acquires all of it;
1. Money only 'acquires' Metaltelim to obligate the seller to suffer a curse if he retracts, part of the money does not 'acquire' all of them.
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