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Rosh Kollel: Rabbi Mordecai Kornfeld

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Bava Metzia 66


(a) (Ameimar): Reuven sold land to Shimon without Achrayus; he saw that Shimon was sad, so he promised 'if it is taken from you, I will return any improvements or produce on it from my best property' - these are empty words (he just wants to make him feel better).
(b) Question (Rav Ashi): Is this because the buyer must stipulate, and here the seller stipulated?
1. But in the Beraisa, if Shimon said 'When you get the money, I will return it to you', this is permitted - and Rava explained, this is because Shimon said 'If I want, I will return it' - otherwise, it would be binding, even though Reuven should stipulate!
(c) Answer (Ameimar): Rava means, (since Reuven must stipulate) it is as if Shimon said 'If I want, I will return it'.
(d) A dying person wrote an (unconditional) Get to his wife; he was groaning out of regret.
1. His wife: Don't worry - if you recover, I am yours!
(e) (Rav Zevid): These are empty words.
(f) Question (Rav Acha mi'Difti): If they were not empty words, would we say that she made the Get conditional? Only he can do that!
(g) Answer (Ravina): One might have thought, he gives it as she wants (and she shows that she wants it to be on condition) - Rav Zevid teaches, this is not so
(a) (Mishnah): Levi lent Yehudah (on condition to keep his field if the loan is not paid within three years).
(b) (Rav Huna): If the condition was made when the money was given, it is binding (even if the field is worth more than the loan); if the condition was made afterwards, Levi only gets land according to the amount of the loan.
(c) (Rav Nachman): Even if the condition was made afterwards, it is binding.
(d) Rav Nachman judged a case involving the Reish Galusa according to his opinion; Rav Yehudah tore up the document. The Reish Galusa informed Rav Nachman.
1. Version #1 - Rav Nachman: He is a great man, surely he found a good reason to tear it.
2. Version #2 - Rav Nachman: That was childish - the Halachah follows me in monetary laws!
(e) Retraction (Rav Nachman): Even if the condition was made when the money was given, it is void.
(f) Question (Rava - Mishnah): 'If the loan is not paid within three years, it will be my field' - he gets it.
(g) Answer (Rav Nachman): I used to hold that Asmachta (an exaggerated promise) acquires - Minyomi convinced me that it does not.
(h) Question: The Mishnah refutes Minyomi!
(i) Answer #1: The Mishnah is R. Yosi, who says that Asmachta acquires;

(j) Answer #2: The case is, the borrower said 'Acquire it from now (on condition that I do not pay in time)'.
(k) Question (Mar Yanuka and Mar Kashisha, sons of Rav Chisda): In Neharda'a, they cite Rav Nachman to say that Asmachta acquires (when he does not pay up) at the (proper) time (but not before)!
1. Objection (Rav Ashi): Any acquisition only acquires at the proper time, not before!
(l) Suggestion (Rav Ashi): Perhaps Rav Nachman means, if they met within the allotted time and Yehudah (the borrower) said 'Acquire it (I will not pay)', Levi acquires (since Yehudah was under no pressure to pay now, surely he was sincere);
1. If they met after the allotted time and Yehudah said 'Acquire it', Levi does not acquire.
2. Question: Why not?
3. Answer: Yehudah was insincere, he was just embarrassed to say that he cannot pay now.
(m) Rejection: Even if they met within the allotted time, Levi does not acquire - Yehudah only intended that Levi should not press him for payment when the time comes.
(n) Opinion #1 (Rav Papa): Sometimes Asmachta acquires, sometimes it does not: if (on the last day to pay) Levi finds Yehudah drinking beer (he is not worried about keeping his field), Levi acquires;
1. If Yehudah was trying to raise the money, Levi does not acquire.
(o) Objection (Rav Acha mi'Difti): Perhaps Yehudah was drinking to calm his nervousness (about raising the money), or someone promised to give him the money!
(p) Opinion #2 (Ravina): Rather, if Yehudah is insistent not to sell his belongings below their value (this shows that he is not concerned to raise the money), Levi acquires.
(q) Objection (Rav Acha mi'Difti): Perhaps Yehudah is concerned that people will not give the proper price for his land if they see that he is desperate to raise money.
(r) Retraction (Rav Papa): Rather, if Yehudah is insistent not to sell any land, Levi acquires.
(a) (Rav Papa): Even though Asmachta does not acquire, the land is an Apotiki to collect the value of the loan from it.
(b) Question (Rav Huna brei d'Rav Noson): Yehudah never told Levi to acquire the land to collect from it!
(c) Objection (Mar Zutra brei d'Rav Mari): Even had he told Levi to acquire the land to collect from it, that is Asmachta, he does not acquire!
(d) Question: What is the case in which Rav Papa said that Asmachta does not acquire, the land is an Apotiki?
(e) Answer: He said, your only payment will be from this land.
(f) Reuven bought land from Shimon with Achrayus; he requested 'If the land is taken from me, compensate me from your absolute best land'. Shimon agreed to give Idis, but not his absolute best land. The land was taken from Reuven; a river flooded Shimon's absolute best land.
(g) (Rav Papa): Shimon agreed to give (other) Idis, he still has Idis!
(h) Objection (Rav Acha mi'Difti): Shimon only agreed to this assuming that his absolute best land was intact - now that it is not, his Idis is his absolute best!
(i) Rav bar Sheva owed Rav Kahana money. He fixed a date, and said 'If I don't pay by then, you can collect from this wine'.
(j) (Rav Papa): We only say that Asmachta does not acquire regarding land, for it is not standing to be sold - but wine is standing to be sold, it is like money!
(k) Objection (Rav Huna brei d'Rav Yehoshua): Rava said, any (promise starting with) 'If' does not acquire.
(l) (Rav Nachman): Since we say that Asmachta does not acquire, the land and any produce which the buyer ate revert to the original owner.
(m) Question: Does Rav Nachman hold that one who absolved a debt based on a mistaken assumption the absolution is invalid? (He contradicts himself, as follows!)
1. (Rav Huna): Reuven sold the fruits (that will grow) on his date tree - he can retract until they grow;
2. (Rav Nachman): He can retract even after they grow.
3. Rav Nachman: I admit, if the buyer ate them, he need not compensate Reuven (for Reuven did not know he could retract).
(n) Answer: Regarding a sale, mistaken pardon helps, but not regarding a loan (for it looks like Ribis).
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