Gemara Markings Daf Yomi
Bava Metzia 14a
Yodal al-Maddal if ten lines down, last term of the line is my Taima, we'll circle Shmuel on that line, amar Shmuel, and we'll call that A, three lines later, there's another Shmuel, we'll circle that, we'll call that Shmuel B. So says Shmuel A, amar Shmuel, my Taima or my Taimaihoo darabhanan, when they say that if there's no guarantee written into the document that if things need to be collected even mischupad, stuff can be collected, why is that? Well, that's because they understand that a lack of Ahriyas written into the document basically a mistake, like it should have been written in Sarvih Ahriyas, a lack of Ahriyas in the document is a toast, so for who? It's a mistake on the behalf of the soforn, it's not written in, you can assume it was the soforn, the scribe who made a mistake. Amalai Rava-Bart-Iti, Lura-Vedibaravhan, really? Could Shmuel have said such a thing? Ummi amar Shmuel, Hachikweshmarkama, the ha amar Shmuel, here we have another statement of Shmuel, we are going to call it the B Shmuel statement, that the following three issues, Shvah, Shvahr and Shibud, the three shins, I'm going to lie in Shibud, this one we're going to be focusing on the most, Sorech Limla. When you have a sofir who is going to be writing up a document, he has to consult with the person who is selling the field, and ask him, does he agree to accept upon himself that this document is going to be, he's going to be, when he's selling the field to the person, he, the seller's going to be mischobeyed his other assets to this sale, namely that if some balance hold comes and sees the field that the purchaser of the field who had it sees the way he can come back to him and then get other assets from it, that's the Shibud, also that if the purchaser of the field puts improvements in, that's the Shvahr that he would compensate for those improvements, and the Shvahr is that the compensation comes from the Shipurin, the best, if he has cash, he'll pay cash, but if not, it has to pay from the best land assets that he has. Sorech Limla has to consult with the seller field if he wants to have them written in. Now, we had said that lack of a Christ in a document, just to move as a mistake, this is like a mistake over here, in which case, Lema Manda Amarha, Laya Amarha, should we say that bases two shmools contradict each other, which is fine, it could be two different shmools, should we say that the Manda Amar Bisham Shmuel wouldn't say the other one Bisham Shmuel, basically, are they mutually exclusive? So we say, no, both shmools are correct, everyone's going to hold the both shmools, like caution, there's no difficulty, Khan, I swear the one that I'm not in this Khan, the first Shmuel, the A Shmuel, that is where the document is documenting a loan, a cash loan, Bishar Halva, where the general rule is that if somebody is given, let's say, you know, Bob $10,000 is a loan, he wants to have every protection he could possibly have, and therefore, since the Loyoev in it is usually because he, the lender, is not going to lend out cash for no reason, the assumption is even if a Christ is not written into the loan document, certainly the understanding is that there's a Christ, whereas Khan, I swear the second Khan, the second Shmuel, is not where the star is documenting a loan, but rather where it's documenting a sale, the Mecha Khul Menghar, where usually a person wants to sell, the thing he sells, I assume it's going to be the buyer wants to get it, the seller wants to sell it, but there's more wiggle room that people would be willing of it, and it is of an aura, you may, a person that sometimes will be willing to transact for land, even if it's only for a day, similar to Kihadah Vua Bar-ihi, Andalana Vua Bar-ihi, Zavind Elisa Me'aktei, he purchased Elisa's like an Aliyah, like a second story property in a building from his Aaktahman sister. Shortly after he purchased it, Asabal Khayv, Tarfinai came along with someone who assisted owed money to previously, and seized that second story unit away from Aaktah Vua Bar-ihi. Also, the Khayvman de Mar Shmuel, I underline Shmuel's name, we've been dealing with Shmuel since being here this year, so this case came to Shmuel, and what did Shmuel say? "Aakrayi" Shmuel, the officiating judge on this case, asked Aaval Bar-ihi, "Kasvallah" Aakrayi, when she sold you the second story unit, did she write out for you Aakrayi, "Aamalayah Vua Bar-i" answered Shmuel while actually low, but no, she didn't. "Aamal" says back Shmuel, "Imkain, shalma, go and pay, zil le shalma or go like Rashi says shalom, go in peace." In other words, nothing more than I can do for you, because you were basically Michael, any rights that you had. "Aamalay" says back one second, Aavuah Bar-ih says back to Shmuel, "Aamal Bar-ihi, shmuel." Wasn't it you who said Aakrayi is a lack of Aakrayi in the document is a toe, so for who? "Aamalayi" says back Shmuel, "Yeah, we have to know the context with which I said that." "Honey, Mili, when is that that a lack of Aakrayi in the document is considered a toe, so can we assume there is Aakrayi's?" That's where it's documenting a loan, "Bistar hal-vah." Aaval Bar-ih, "Stare Mecha Khomeemgar." If it's a star documenting a transaction for, let's say in this case, where he bought the second story apartment, "Lo?" I never said that. "Why?" And here's why we brought the story in the first place to bring out this principle, "Dovidinish d'Zovinar-alay, you may." There at least is a concept of somebody willing to purchase whatever he's purchasing in this case, you're firing him even if it's going to get seized away. Now, of course, once it gets seized away, he'll go back to the cellar and try to get compensated, period. "Aamalayi," I put a diamond around a baye here, and about six lines later, last word of line is a baye. I put a diamond around that a baye. We're going to have two cases that a baye is going to present us with. Here's the first. "Aamra baye, rouvein shimakh-ras-al-dul-shimun." "Rouvein," sold the field to shimun, "bet-ah-krais," and I dah-dah-nul-n-ba-krais, and part of the deal was that rouvein guaranteed that everything would be fine with the field as he sold. What happened? "Uba-bah-bah-krais" is the rouvein, however, some of the rouvein it owed money to at a previously in the field came along with Qatari Flemine and seized that field away from shimun. Now, rouvein, it is, we'll say, "Dina," who it is legally or holocically proper or correct, that before this comes place, that the bahlkove comes along and wants to seize it away from shimun. "Rouvein" can stick his neck in, and dah-azu rouvein umistoidina and basically speak on behalf bahaday along with the bahlkove. Now, normally, you might think the bahlkove can say, "Listen, rouvein, get lost. I got nothing to do with you. I got to live in the field. I want to seize the field." Well, you might see "Aamra lei." Nope. The bahlkove cannot say that. The bahlkove cannot say the rouvein. Love, bahlkove, vareem, d-d-e-ot. You ain't no party to discuss this issue with me. Why? Because he actually is. "Dah-amra lei," because rouvein can say back to the bahlkove who's trying to seize the field away from shimun. Oh, no, no, please, hear me out. Like, let's see if we can make a deal over here. Because if you seize that field away from shimun, de mafghis minei. If you seize it from shimun, a lie, d-d, hudder. Well, shim is coming right back to me to get a refund. So, let's see if you and I can work something out. "Acadamri" -- alternatively, I squeal it in the "Acadamri." The first lesson here was that rouvein sold the field to shimun without hreis. Here it would be -- I dot underlined these three words -- "afilo shalobah hreis." Even if the original deal, there were no guarantees. Nami! Still rouvein can say -- listen, I'm still a party over here. Hear me out. Let's see if we can work something out. "Dah-amra lei," because rouvein can say that he wants to get involved before the field is seized away. Because it's very reasonable that it doesn't want his reputation ruined. He wants to lo niqali. "I do not want de la have le shimun tara'im esa lie." Shimun is going to give me all sorts of bad reviews and people that don't want to do business with me. So, please just hear me out. And he is the bahkhul can't just blow off rouvein. The amra bahye -- also, this is a bahye with a diamond-grounded -- rouvein shimakar sada lei shimun. And in this case, it seems as though it's simply like a verbal agreement. There was no documentation at all. Rouvein sold the field to shimun. And not only that, there's no hreis, no guarantees. And as often happens in a case like that, vayyatsu aleha sikun. It wasn't actually seized away from shimun. But a sikun, Roshu, says uyurun. There's sort of like people under the surface kind of murmurings. I don't know if that's really a field. It seems like it's other people's field. There's this people claiming that maybe it is a field. No definite proof. But now, shimun feels very uncomfortable and wants to back out. There hasn't been any money paid. Can shimun back out? Well it depends how far along the deal is. If it's before shimun made a kazaka in the field, then your kazaka boy. No money's been paid yet. He could shimun. You can say, listen, I don't feel comfortable. I'm backing out of the deal. However, me shimak, once shimun has already made a kazaka in the field, he's done an official act of acquisition on it, and he cannot go back to a roof and say, listen, I'd like to back out of the deal. Why? Because one shouldn't have made a kazaka, d'amrle, roofing, can say back to shimun. Well, you know, it was a bit of a shady deal, but you fell for it. And the Lush Nul Gomor uses hyse de khatri, sovereigns accomplice, say, I don't see a bag full of hot air or questionable, like naughty ropes. Did you agree to? And that's that. Okay. Now, very important question would be at what point is it considered that you made a kazaka in the field? Mayimas, I have your kazaka. Answer me if you die-ish, uh, mystery. Once he sort of walked around and delineated the borders of the field that he was purchasing, bigadom. Really, I squiggle on the economy. Alternatively, a phillobachrias, nami, even with a chrias, the lokayach would not be able to back out. And he would have to actually pay the money, even if it's with a chrias. D'amrle, because remember this case, it wasn't actually seized away from shim. And it's just that people start murmuring about that it may have other owners or people with liens on it. Amrle, rueve, and suspect the shim. Listen, I don't want to hear any murmurings. If you get it seized away from you, we'll deal with it. But if not, akhvi tarpbei ha'a shalayim lach, you show me the document that it was seized away from you. And then I'll definitely compensate you. But before that, I don't want to hear any complaints. Period. Adkhan.