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Bava Metzia 64

BAVA METZIA 61,63,64,65 - 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.


(a) Reuven borrowed money from Shimon; he received more than he was supposed to. If it is an amount that could be a mistake - he must return it; if it is more than that, Shimon intended it to be a gift.
(b) Question: What is the case of an amount that could be a mistake?
(c) Answer (Rav Acha brei d'Rav Yosef): (People usually count ten or five at a time) - if the error is a multiple of ten or five, he may have skipped counting some groups of ten or five; if not, it is surely an intentional gift.
(d) Question (Rav Acha brei d'Rava): What if Shimon never gives gifts?
(e) Answer (Rav Acha brei d'Rav Yosef): We assume that he stole from Reuven, and wants to return the money.
1. (Beraisa): One who stole money and returned it by giving too much money in a subsequent transaction with the victim, he fulfilled returning it.
(f) Question (Rav Acha brei d'Rava): What if Shimon came from abroad and had no previous dealings with Reuven?
(g) Answer (Rav Acha brei d'Rav Yosef): We assume that someone else stole from Reuven, and asked Shimon to return the money in this way.
(a) Question (Rav Kahana): I heard Rav saying 'Kari, Kari' - what was he saying?
(b) Answer (Rabanan): Reuven gave a gardener (Shimon) money for gourds the size of a pinky; Shimon stipulated to give (later) gourds the size of the middle finger - this is permitted only if Shimon has gourds now.
(c) Objection: This is obvious!
(d) Answer: One might have thought, since they grow by themselves, this is permitted even if he has none now - Rav teaches, this is not so.
(e) This is like the following Tana.
1. (Beraisa): Reuven was going to milk his goats, shear his sheep or take the honey from his hive. If he sold to Shimon 'Whatever I will milk, shear or extract' - this is permitted;
2. If he stipulated how much this will be, it is forbidden.
i. Even though they will produce more milk, wool or honey by themselves, it is forbidden, since it is not there now.
(f) (Rava): A gardener may stipulate to give (later) bigger gourds even if he has no gourds now, since they grow by themselves.
(g) Question: But the Beraisa forbids this!
(h) Answer: There, the milk (or wool or honey) does not grow out of the milk which is there now (rather, from the seller's goat, it is like usury);
1. Here, the buyer buys small gourds now, his own gourds grow bigger (as proven by the fact that when the gourds are uprooted, nothing grows by itself in their place).
(i) (Abaye): Reuven may pay Shimon for a barrel of wine, on condition that if it spoils, Shimon suffers the loss; if the price changes, Reuven gains or loses.
(j) Question (Rav Sharbiya): Reuven is closer to gain that to lose (this is forbidden on account of usury)!

(k) Answer (Abaye): Since he accepted the loss if the price declines, he is prone to gain or lose, this is permitted.
(a) (Mishnah): Reuven lent Shimon money - he may not dwell in Shimon's yard for free, nor rent from Shimon for less than the norm, for this is usury.
(b) Version #1 (Gemara - Rav Yosef bar Minyomi): Even though one who lives in Ploni's yard without Ploni's knowledge need not pay him, if he lent Ploni money, he must pay him.
(c) Question: Our Mishnah teaches that!
(d) Answer: One might have thought, the Mishnah only speaks of a yard normally rented out and a man that normally rents a place to stay - but if the yard is not normally rented out and the man does not normally rent a place to stay, it is permitted - Rav Yosef teaches, this is not so.
(e) Version #2 (Rav Yosef bar Minyomi): Even though if Reuven lives in Ploni's yard without Ploni's knowledge, Reuven need not pay him, if Ploni told him 'Lend me money and live in my yard', Reuven must pay him.
1. Version #1 forbids living for free even if Ploni did not suggest the deal - all the more so, if Ploni suggested it!
2. Version #2 forbids living for free only if Ploni suggested the deal - if not, it is permitted.
3. Question: Why is this?
4. Answer: Since Ploni never suggested it, Reuven did not lend in order to live in his yard.
(f) People of Rav Yosef bar Chama's household would take slaves (of people who owed them money) and work with them.
1. Rava (his son): Why do you do this?
2. Rav Yosef: As Rav Nachman taught - a slave is not worth the food he eats (I feed them when I use them - I benefit the owners)!
3. Rava: Rav Nachman only said that about his own slave Dari, who dances in bars to get drinks - normal slaves work!
4. Rav Yosef: I hold as Rav Daniel citing Rav: if Reuven grabbed Shimon's slave and used the slave, he is exempt;
i. Inference: Shimon is happy that people use his slaves!
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