POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Metzia 48
1) THE CURSE
(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.
(b) Answer: One who buys and sells with words, and money was
given, and he retracts - he is cursed;
2. But if coins do not acquire - one who retracts
merely does not fulfill his word - is he cursed
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.
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..."
(d) Question (Rav Papa): Perhaps the Torah omitted saying
that he returns it because we learn from Oshek!
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
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!
(e) Rejection (Rava): The case of Oshek is when the worker
took the vessel as a security, and returned it to the
(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".
(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
2. (Rav Nachman): This comes to include (that one must
return) Tessumes Yad.
(l) Support (for Reish Lakish - Beraisa): Reuven
unintentionally gave Hekdesh money to a bathhouse
attendant (to pay for a bath he will take) - Reuven
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
(m) (Rav Nachman):Money acquires mid'Oraisa.
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
ii. Answer: That Beraisa speaks of a non-Jewish
barber, this one speaks of a Yisrael barber.
(n) Levi (in his own Tosefta): Reuven unintentionally gave
Hekdesh money to a wholesaler - Reuven transgressed
(o) Question: This contradicts Reish Lakish (he did not
2) WHO CURSES?
(p) Answer: That teaching is as R. Shimon.
(a) (Mishnah): However, Chachamim said, He who punished...
3) PARTIAL PAYMENT
(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"!
(d) Rava learned from an episode in which people gave R.
Chiya bar Yosef money for salt; it rose in price.
2. Rava says, that only applies to "Amecha" - one who
acts as a Yisrael.
1. R. Yochanan: Honor the sale - if not, you will
accept on yourself 'He who punished...'
(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?!
2. If Beis Din merely informs him - there would be no
need to inform R. Chiya bar Yosef!!
(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
(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
(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.
(d) Answer: No, by Metaltelim, money only 'acquires' its own
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.
(e) Question: What is the difference between land and
(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.