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Bava Metzia 47

BAVA METZIA 47 - Dedicated by Sid and Sylvia Mosenkis of Queens, New York, in memory of Sylvia's father, Shlomo ben Mordechai Aryeh, who passed away 3 Teves 5751/1990.


(a) Rabah Amar Rav Huna states that if Reuven asks Shimon to sell him something for the handful of coins that he gives him, the sale is final.
Why is that?

(b) Then why does the Din of Ona'ah (overcharging) apply, should the money be one sixth less than the price of the object?

(c) In which point does Rav Aba Amar Rav Huna disagree with Rabah?

(a) We have just ruled that Damim, in a case where they are *not particular* that the money should tally with the cost of the article, is Koneh (like Chalipin).
What She'eilah do we ask about Chalipin where they *are*?

(b) Rav Ada bar Ahavah cites a Beraisa.
What does the Tana rule in a case where Reuven agrees to swap his donkey for Shimon's cow, which he then acquires with Meshichah, after assessing their respective values?

(c) On what grounds does Rava refute Rav Ada bar Ahavah's proof?

(d) How does he then interpret the Beraisa?

(a) We just discussed Rav Huna, who holds (regarding a handful of money) 'Mechor Li be'Eilu, Kanah'.
How do we reconcile Rav Huna with those who hold 'Ein Matbe'a Na'aseh Chalipin'?

(b) And we just expressed doubts as to what Rav Nachman holds regarding 'Matbe'a Na'aseh Chalipin.
What does Rav Huna B'rei de'Rav Nachman (or Nechemyah) say about that?

(c) According to Rav, the Chalipin takes effect with the vessel of the acquirer (Reuven gives Shimon his object in order to acquire Shimon's).
What is the reason for this?

(d) What does Levi say?

(a) What problem does Rav Huna from Diskarta have with Levi, in a case where Reuven wants to give Shimon Karka?

(b) Rava was not impressed with the Kashya.
Why not?

(c) What does Rava say Levi would have done had they suspected him of the ignorance implied by Rav Huna from Diskarta's Kashya?

(d) Is the Machlokes between Rav and Levi an original one?

5) Does the vessel with which the Chalipin is being performed have to be worth a Shaveh P'rutah?


(a) We learn Kinyan Chalipin from the Pasuk in Megilas Rus "ve'Zos Lefanim be'Yisrael al ha'Ge'ulah ve'al ha'Temurah ... ". What is the difference between "Ge'ulah" and "Temurah"?

(b) Kinyan Chalipin is derived from the subsequent words "La'kayem Kol Davar Shalaf Ish Na'alo". According to the Tana Kama, it was Bo'az who handed his shoe to P'loni Almoni.
Was Bo'az the buyer or the seller?

(c) What does Rebbi Yehudah say?

(a) We have already discussed the Machlokes between Rav Sheishes and Ra Nachman.
What does ...
  1. ... Rav Nachman learn from "Na'alo"?
  2. ... Rav Sheishes learn from "Le'kayem Kol Davar"?
(b) What does ...
  1. ... Rav Nachman learn from "Lekayem Kol Davar"?
  2. ... Rav Sheishes learn from "Na'alo"?
Answers to questions



(a) Rav Sheishes bar Idi dissects the Lashon written in documents of Kinyan.
What does he extrapolate from the Lashon ...
  1. ... 'be'Mana'?
  2. ... 'de'Kasher'?
  3. ... 'le'Miknaya'?
(b) According to Rav Papa, 'Bei' comes to preclude the use of a coin for Chalipin.
What does Rav Z'vid (or Rav Ashi) say?

(c) According to the alternative Lashon, Rav Z'vid (or Rav Ashi) agree with Rav Papa.
From where does he learn to preclude ...

  1. ... Isurei Hana'ah?
  2. ... vessels made of animal dung?
(a) We learned in our Mishnah '*Asimon* Koneh es ha'Matbe'a'. We initially interpret Asimon as a coin that one gives to the bath-attendant as a sign. What does this mean? What is the significance of the sign?

(b) What does the Beraisa say about transfering the Kedushah of Ma'aser Sheini on to an Asimon or on to a coin that one gives to a bath-attendant as a sign?

(c) How do we attempt to refute the proof from here that an Asimon and coins that one gives to a bath-attendant as a sign are not one and the same?

(d) We repudiate this suggestion however, from another Beraisa, where Rebbi Dosa permits the use of an Asimon for the redemption of Ma'aser Sheini. What do the Rabbanan say?

(a) What does the fact that even Rebbi Dosa in the Beraisa forbids the use of coins that one gives to a bath-attendant as a sign to be used for that purpose prove?

(b) Rebbi Yochanan therefore translates 'Asimon' as 'Pulsa'.
What is 'Pulsa'?

(c) Rebbi Yochanan follows his own reasoning, since he equates Rebbi Dosa with Rebbi Yishmael in another Beraisa. Rebbi Yishmael, commenting on the Pasuk in Re'ei "ve'Tzarta ha'Kesef be'Yadcha", explains 'Lerabos Kol Davar ha'Nitzrar be'Yad'.
What does Rebbi Akiva learn from "ve'Tzarta"?

(d) How does this corroborate Rebbi Yochanan's previous statement (that 'Asimon' is 'Pulsa')?

(a) We learned earlier that, according to Rebbi Yochanan, money acquires min ha'Torah.
Why did Chazal replace Kinyan Kesef with Meshichah?

(b) This explanation is not adequate however, since whoever lit the fire will be obligated to pay, in which case it would not be necessary to protect the purchaser's interests?

(c) Resh Lakish disagrees with Rebbi Yochanan.
What does Resh Lakish learn from the Pasuk in Behar "ve'Chi Simkeru Mimkar la'Amisecha O Kanoh *mi'Yad Amisecha*"?

(d) Bearing in mind that the Pasuk is speaking about the Din of Ona'ah, what does Rebbi Yochanan learn from "mi'Yad"?

(a) Resh Lakish counters that we learn this already from "ve'Chi Simkeru ... al Tonu", and that "O Kanoh (mi'Yad)" comes to teach us Meshichah.
What does Rebbi Yochanan learn from "O Kanoh ... Al Tonu"?

(b) From where does Resh Lakish learn that even the buyer is subject to the La'av of Ona'ah?

(c) We learned in our Mishnah that according to Rebbi Shimon, the seller who has already received the money may retract, but not the purchaser.
Why does Rebbi Shimon ...

  1. ... permit the seller to retract?
  2. ... not permit the purchaser to retract? What does this prove?
(d) How will Resh Lakish reconcile his opinion (that money is not Koneh min ha'Torah) with Rebbi Shimon?
(a) What problem do we have with Rebbi Yochanan? What makes Resh Lakish's opinion now appear more smooth than his?

(b) Rebbi Yochanan establishes the Rabbanan like Rav Chisda.
What does Rav Chisda say about the institution of Meshichah?

(c) What do we ask on Resh Lakish from our Mishnah, which places a 'Mi she'Para' on someone who retracts after having paid, but before having made a Meshichah?

(d) What does Resh Lakish answer? What is the basis of the 'Mi she'Para'?

Answers to questions

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