Gemara Markings Daf Yomi
Bava Metzia 17b
You design a mood, I'll have five wide lines down, last word on the line is "amarebi", we had underlined that "rebiasi" in circle, "rebiochenan". This is very much along the lines of what "rebiochenan" had told us, about ten lines from the bottom of the previous "amud", it's very similar, it starts out the same. I might see "Starchai Bishuk", I'm walking through the marketplace, I find an IOU document, it's a cursive by handbag and it's got a court validation written into it, here's the difference though, "The cursive by Zmanoy boy by Yom", I squiggle on my bow by Yom and look at the date and "Oh my, oh my, it's today's date", huh. Not like from a week ago or a month ago, it's today's date, "Yechs rule by Yom, I diamond Yechs rule by Yom, that should go back to the one who says is owed the money", in other words the Malva, "return to the Malva", now what would your concern be? "Imishum" cause of the voice for La Lava, if you think that maybe the Lava wrote it out but didn't actually use it to get the loan yet, that can't be the case because "Aksib by handbag", a handbag means the court looked into it and knows it's valid and that the loan took place, "Imishum peeron", if you're going to be concerned, well maybe it was paid off, one second it's dated today, like the guy took the loan today and I don't underline these five words, "The Priyabasumalaykhaishinan", we are not concerned for the possibility the, I don't know, one percent of, one percent of situations where the person took the loan and on the same day he paid it back and therefore we'll give it back to the Malva. "Aamalayrabzaira ananabzaira" he says to Revasi, about a five-line question, I put the long question mark in the margin, "My amrabzaira anan hahahi yukudrabzaira 'nan" says revzaira to Revasi, "Yukudrabzaira 'nan" about four lines ago, did revzaira 'nan really say that, that we're not going to be hoshish, we're not concerned for paying off the loan the same day that you took it, a question markama, "Hahatu da amris", it was you yourself says revzaira to Revasi, who said, "Mishme 'nan ananabzaira 'nan", "Shtara shalava ba'i 'uparah anan hahahi za wa laiha ba'i", the person who has a document and use it to, a loan document and use it to borrow money, he cannot use that same loan document again. Why? Shikranim kal shibudai, because the shibud, the lean that existed, because of the original loan was already released and it will be problematic, the lakuhais will then, once again, be responsible for something that shouldn't be responsible for, certainly not at that time. Now, let's look at that for a minute, Amos, when exactly is this taking place, when, we said you can't give it back and use it as another loan document, il aymana makhalam yumachara, if we're saying, you want to use the next day or the day after that, then why do we even have to come on to my area, shikranim kal shibudai, because the lean was already used up, tapegli, dahabili muktam, it's dated, if you want to use it tomorrow the next day, but it was dated yesterday or two days, you can't use that, you need a star that's going to document the loan you're taking today, with today's date, but it's not, because we know there's a beforesh mishna, starry kal hamuktam and arpsulan, if you have a document that, of indebtedness and it has, yesterday's date or two days go date, it's possible, you can't even use that one. It's all a love, but you may, so what the case must be, it must be, he took out the loan in the morning, he paid it back early in the afternoon, now it's late in the afternoon, he wants to take a loan again for the same amount, using that same document, huh, now that does sound like, even though it might not be common, but alma, and I died in the line in three words, parry inish, but you may, sometimes people do pay back the money they borrowed, on the same day they borrowed it, that's the question, amalay, so says ravasi, back from zero, me kamina de la parry kal, one second, did I say that it never happens, literally that no one ever pays back the same day they take a loan, de laishnichi de parry, but you may kamina, I said, that it's just very not common for people to pay back money on the same day that they borrowed it, kama, rafkhanu, we underlined amar, he says, now he's coming off of her beochran, who had said that if it's, uh, written on the same day, in other words, somebody finds him the shuk, and my goodness, it's dated, today's date, uh, that which is returned is kishahiyev moda, I squiggle on her and kishahiyev moda, that's when the lova, who according to the document has to pay back the money, uh, greezia, I didn't pay back that money, yeah, well, Ihak, yes, the kamara, by the membra, like, what's the tradition, of course, if the malva says, yeah, I lent out the thousand dollars, and the lova says, uh, yeah, I borrowed it, I never paid it back, like, why would you not return it to the malva, well, here's why, malhotemim might have thought to say, hi, mifrapari, you know what happened, really, the lova did pay back that loan, the hi-de-kam are why in the world entity claim, lo parate, that he didn't pay it off, he knows that the malva knows he returned the money, why would he possibly say that he didn't pay it off, mishum-de-kabai, mahajal amis-fabe, is manar, greezia, because he wants to use that document to borrow money, another time, why would he use the same doctrine, why not just write a new one, well, you know, a new one costs, uh, 1999 at the local sofa, it's like, there's a cost to it, lipshiti, desafrachayish, so this guy, you want to call him a cheapskate, you want to call him, um, not very insightful, bottom line, he wants to use the same document, because the document did have a nominal fee to it, he wants to use the same one over again, that's what you might have thought kamashman connector to aim Cain, no, this is not going to be a possibility, because if that was so, and I double underline these four words, malva goofe le shavuk, for it about what the lova wants, the malva who's lending out the money, he's not going to permit this document to be used again, why, savar, because he figures, shamibirabanan, like, you know, people hear about these things, sometimes he gets to the rabbinical establishment, the rabbis will hear, umifs-de-de-le, and they'll say, hey, mr moneylander, you're using documents that have already been used before, we're going to cause you a lot, I didn't want to get involved with that, you want to borrow money from me, he says, I need a document written today, none of these already previously used documents. Okay, well, ask them our question, it takes about five lines to develop, mai shnamahat, it's not, well, how is that any different, in the case we had in our mission recently, about three, four days ago, and off you'd base, we had a mission, uh, here's a quote from it, goes to the end of the line, you have a person who's walking through the marketplace, monster starry clove, oh, look at this, here's a, oh, look, it's an i-o-u, uh, babo's, uh, carl, imyashapenachrisenachosim, so if in the document is written in a court, uh, uh, overseen guarantee that it's correct, lo yachser, don't give it back. Okay, that's what the mission is said, vu, kimnon, we had established over there that the case was kishikai of moda, and we said the case was, where the one who, according to the document, let's say it was a thousand dollars, admits, yeah, I, I never paid that back, still don't give it back to the malva, umishum, well, like, why not? You know why? Shema khasavilovaisbandisen, maybe it's dated in April, but loi loi vahitishre, but the loin didn't take place until September, the oss to the mitch of the kuchais, we need some bad tishreish, like it in, and if the loin is defaulted on the malva, we'll use it to seize assets from the lakuchais, who say brought property from the loa in May or June of July, and that, that'll be, uh, legally incorrect. The loa marina, and, apparently, over there, we didn't say, mmm, diemkain malva gufei loi shavic. We didn't say anything there about, well, you never know, the, uh, the malva himself is not going to allow such a thing to happen, uh, da amar lei, ksai star queen of a tishre, or the, uh, malva would say to loi vahitishre, you want a loin, that's fine, but, like, write another one with the proper deen on it, did Dilma shami rabbana miss it, because you never know the rabbis might hear about it, and cause me a loss. So why, over there, are we not concerned about this? Well, here's why, amri, what's the potential gained for the malva? So if the potential gain for the malva is, he'll use a star that had already been paid off, again, and it'll give him an extra amount of five hours or six hours of ability to collect from the lakuchais, that's not much of an incentive. But if he's going to be able to use a document, that's dated, let's say, six months earlier, like dated in April, and the loin only takes place in September, well, there's some, uh, potential, I mean, it might be illegal, but some potential advantage to that, because if the one who borrowed the money defaults on the loin, he's able to collect way back, like months and months back from the lakuchais, amri, so we answer, and that's the distinction. How's some, over there, michum de isle ravra, there's potential gain much greater when the document is dated, like, six months earlier, dikkara of lakuchais, because he's able to seize away, should the loin be defaulted on, from lakuchais who purchased, um, properties from the, uh, lova, minisan, from aprova ad tishre, May, june, july, august, all the way until september. And therefore, vinach nihale, vole ama vole medi, it's so preferable to him to, uh, not raise a fuss about this, not really legally, he shouldn't do it, but you understand why a person could rationalize and do that, whereas hacha, in ravcahana's case, kevan de lace le ravra, that there's no real benefit. He lent out money at nine in the morning, got paid back at noon, and once the, that was used the same document, three in the afternoon, desai saif, at the end of the day, shara hai nuk siv, it's, it's called today's date. My ika dikkara of lakuchais, what additional benefit would there be for him, that he would go with this, uh, slightly, holocically problematic approach, bistar shinim kal shibu de le shavak, and therefore, he's not going to let a document that already had its lien expire, be used, period. On ravcahabarabha, I don't know his name, I'm on ravcahana, sorry, I'm on ravcahana. Hatoin acha maisa based, and there's maisa based, maisa based, and there are things that are sort of like the courts, have it's an eye, for instance, like if a married, a woman gets married, she's entitled to a ksuba, or if a woman is widowed, she and her daughters are entitled to support. So if you have a person who claims, um, yeah, yeah, I paid off that, whether it's the ksuba, the mausi shibanos, um, and they say, okay, where's witnesses? Well, I don't have any witnesses. It's not effective. So Hatoin, one who comes and says, acha maisa based in, but with the witnesses, lien marclot. Mai taima, what's the reason? Well, kal maisa based in, because even though it's not actually written, but it's understood to be that the Jewish courts enforce these laws, kimanten acha start bia de dame, is as though the person is coming with the claim that they want to be paid, is actually holding on to a document, like the woman's actually holding on to her ksuba, and if the man claims that he already paid it, well, he'd better bring witnesses to back that up. Amrav khiyabaraba, I don't know his name, now, rav khiyabaraba was one who quoted rav yokhanan, telling us this in the bottom line of the previous amrud, now comes along rav khiyabaraba and says to rav yokhanan, well, uh, is this really like an amoreic teaching that I'm reporting in your name? Isn't it like a mishna? The lo mishna is saying, no, he's a you question marcoma, and here's a one line quote of a mishna. And the mishna says, hai tseya get ve any mai ksuba gova ksuba sa. If a woman whips out her get, in other words, she's been divorced, now she does not have the actual ksuba document, also she is yes entitled to collect her ksuba payment with just the get. Okay, that does not sound like what we had said. Amralei says to rav yokhanan back, well, you know what, rav khiyabaraba, um, elahav de de loy la chaspa lo mishkaha smarganisa tutto, uh, literally, if not for the fact that I lifted up the shard of pottery, you would not have found the valuable pearl underneath it. In other words, now that you have the insight into the reasons for the salacha, you realize that you could also learn from that, um, missioning Subas, but if not, um, you would not necessarily have known that. Okay. Now, abaya, a couple generations later, doesn't understand exactly here, or at least initially doesn't understand, well, I don't see no pearl, uh, Amralei, my marganisa, where's the pearl over here? Dilma, maybe, that, uh, tinek source on the fourth line, hosia kevain mok suba, is be mokum shain kei suen ksuba eski nan, that there were different places, uh, depending on what the minag was, where they would actually not write a ksuba, de get hainuk suba, where what is a woman used to prove that she needs to collect her ksuba, she uses her divorce document, kama, and I dot underlined the next line and a half, alba mokum shikai suen ksuba, could rural be, though, in a place where the minag is to yes write a ksuba, she can't just claim that she needs to be paid for a ksuba, ena kita ksuba, gavi, if she's actually holding on to the document and produces it, okay, fine, she can collect with it, the elo, and if not, low gavi, uh, now, abaya's initial, um, rejection of that, he backs off of that rejection. Huddar amar abaya, I put a long point marking in the margin here, his point goes down about six lines, and I circle the abaya's name, actually, she says abaya, uh, love milsihid amri, what I had said a few lines ago, that I don't see the pearl, uh, you know what, no, I actually don't have a problem with it, de jis alka daita, the mokum shikai suen ksuba eski nan, if you're gonna say, that the tenake source on the fourth line, where she whips out her get, but as if a ksuba is in a place where they don't write a ksuba, but abaya mokum shikai suen ksuba, if they are in a place where ksuba are written, ena kita ksuba, gavi, elo, elo, gavi, if she's holding on to a ksuba and can produce it, then she's allowed to collect the value of it, but if not not, well, then what are you gonna do about an almana meanha, erusin, I don't underline an almana meanha, erusin to my gavi. So you have a woman, she wasn't fully married, she was only engaged, she had erusin, and then her husband got hit by a bus, or her fiance will say got hit by a bus, like, what is she gonna use to collect the ksuba payment, be it a amisa sabal, well, she'll bring, I don't know, witnesses, two people say, yeah, no, we saw him under the bus, he was definitely dead, well, if that's the case, lit on valema, the people that she's trying to collect the ksuba from, which should be those that had inherited the deceased fiance's estate, let's say his brother, or if he had kids from previous marriage, lit on valema, they can claim parate that they paid it off. V'chitayman, if you're gonna try to say, well, hachinami, er, yeah, yeah, they can't make that claim, well, then why wouldn't they always make that claim, in kein, mahu ilukha metanasan, vultakana, of the khammim, that a woman is entitled to her ksuba, where was the benefit in that? Ammar lei markshishab, raider of chistler of ashi, that whole thing that we just assumed, which is that a woman, as soon as she's engaged, if her husband divorces her or dies, she's entitled to a ksuba, who says, the almanaminarasan dislaksuba minala, I dot underlined that. Now let me translate that, a woman who is widowed from just being a fiancine and arusa, who says she gets a, who says she gets a ksuba, okay, that was the assumption that Abhay made, and we're going to try to find a source for it, and we're actually not gonna be able to find a source for it. Like, I put a bracket to start here, from before the word ilaymah, till, let's see, two, four, six, seven lines down, on yu al-hassa bedala, if last one line is ela, right before the eli closed the brackets, and essentially we're gonna be in the bracket searching for, whoa, where do you know that a woman who's widowed from Erisin is entitled to a ksuba, and we're gonna look once and twice, and we ain't gonna be able to find a source for that. So let's start right now, ilaymah, I put a number one on this ilaymah, and on the second line, and yu al-hassa bedala, second word is v'elai, squiggle on the line of ela, put a number two, we'll do the number one, and then we'll pause for today. So ilaymah it's not if you want to say, oh, you know how we know that a woman who's in a manamina, Erisin, isn't entitled to a ksuba, al-hassa bedala, here's a quote from Mrnksubus, goes just over a line, and it's pretty clear, it says nis-armala, oni nis-gar-shai dada-nai-nis-armala, a woman who is widowed or divorced, kaba, bain-binaha Erisin, a dada-nai-nai-nai-rissin, bain-binah-nis-un, whether she was only an arusa, engaged, whether she was a nisua, fully married, in all those cases, gova esa-koshu is entitled to collect, her entire ksuba, the 100 or 200 plus the tosefis, that's the end of the tenaic source, sounds very much like a woman who is widowed from Erisin, is entitled to a ksuba, okay, so there you go, that's where you would have a source for it, the woman says, well, maybe not, maybe that's places where they would actually write the document of the ksuba, de dil-ma-hech-de-koshafla, and if you're going to turn around and ask one second, if they wrote the document out for her, like, at the engagement, and she's got it, v'chite-ma-mylam-em-er, what's the hitish, like, of course you can use it to collect, well, it won't be so pusher, la-fouke, because that would come to the exclusion over, the contour distinction of the opinion of Rabbi El-Lazar Benazaria, kama-damaar, he says that even if the ksuba is written out for a arusa, she'll like, kasavla, the additional amount, that tosefis, true, there's the 100 and 200, but he throws it, I don't know, an additional $50,000, whatever else he throws in as the tosefis, that addition is El-A-manas-la-kunsa, that's only because he figures, not that they just got engaged, but he's actually going to marry her, and they'll be like, I don't live in their whole lives together, whether that happens or not doesn't make difference, but he has to at least get married to her, that's the opinion that would say it's street halei. Now, the more points out, they can not be precise reading, that it's got to be a case where the ksuba was actually written, not in a place where they didn't write the ksuba's, but it is clear from precise reading of the snake source, to katani, the last three words in the snake source were, I put right angles in, gova esa kol, she collects all of it. Now, what's the all of it? E, I'm suspicious if you want to say, dick kasavla, that, yeah, it's a written document, well, I know dick katani, then it makes sense, you would say gova esa kol, because she's entitled to or 100 or 200, depending on whether she's a virgin or not, plus whatever additional there is, because you can just look at the document and see what additional is written in, ela ima esa kasavla, if you want to say it's a place that there was nothing written, my then how do we understand three words in right angles, gova esa kol, right, that she collects all of it, which why is the 100 or 200, plus all the twicephas, what do you mean twicephas, if it's not written down, manu amasayim hudisla, she was only entitled to the 100 or 200, because by definition, the twicephas only works if you write it down, but if you're telling me this is a case where you didn't write it down, then where's the ritosephus, the ela, so I squiggled on it on the vella, this is going to be the second of two attempts of the tomorrow to find a source for that an ammonium erycid isn't titled to exuba, and you're just going to pick up with this point next year, ad katani.