Gemara Markings Daf Yomi
Bava Metzia 35
(Lomond hey, I'm with Olaf picking up on the second line, the last word, we had a long question and we have four answers. I'm a rava. First answer is brought just by Rava, possibly Rava, we circled the name. Shiyesh, Adim, Shinissrifah, you know what the case is? He doesn't have to swear why, because he actually has witnesses who say they saw that it was destroyed. The whole concern of it might whip it out doesn't exist. Well then, how does that fit into the mission of Ihakhi, Mehehi, Mysi, La? The Mashkra, in case number two, if he's bringing witnesses, burn how exactly is the Malva going to whip it out? So we have to refine this. Allah, I swear to the Allah, Allah, Maravashi, not Adim that it was destroyed, because then there'd be no kashashrifi to take it out. Allah, Marav Yaysef, I circled the name Yaysef, Shiyesh, Adim, Shinissrifah, oh, there's witnesses that it was stolen. Okay, well still, even it was stolen, doesn't have it now, so Shiyesh, the whole concern was that. Oh, you never know, the Malva might take it out. Well, Shiyesh, Mehehi, Mysi, where exactly is going to get it from? Well, he doesn't have it now, but with some elbogris and some significant effort on the part of the Malva, De Tarah, he could make an effort, Umaysela, he'll look into it, he'll hire a private investigator, he'll do whatever he has to do to search it down. Well, then Ihokhi, Kimishtava Milva, even if we're going to say it's the Malva who takes the Shua, why don't we say the Lava can just as well hire the private investigator, Nami Lidrachlova, the Lacey, and we're not concerned about that. So Bishlama, we understand, it actually makes more sense who most recently had this item in their possession, the Malva. And therefore, Yoda, he basically knows Manka Ayel, Veenovka Bace, who went into his house who came out of his house, he's much more aware, and therefore, he knows who the suspects might be. The Azul Vetarachlova, he'll go and he'll make an effort, Umaysela, and get it back. Elo the Lava, true with the Lava's item, but it wasn't stolen from his house, it was stolen from the Malva's house, therefore, how in the world is the Lava supposed to know where even to start to find this thing, Miyada, who knows, from the perspective of the Lava, Mana Ayel Veenovka, basically the Malva is no idea who is coming and going in the Malva's house. By the way, we circled as a third approach to Bayamar, Gizera Shema Yitain, Veyaimar Loyah Khashvua. Oh, Mitsasya, the concern is that maybe he'll make the claim, and after he takes the shfoils, oh, I sound it, and then that would be a big problem, because he took a shwua and he's where it was where or something, and it's not, that's what we want to try to avoid. Ravashi, who's the fourth and last approach? We circled Ravashi, Ravashi, Amar. Actually, Zen-ishba, the Zen-ishba, both of them will take a shwua. Colin Zen-ishba Shainibir Shusai, the Malva has to take a shwua that, no, it's not in my possession, so the concern of him whipping it out is no longer there. Vise, and the Lava-Nishba, he will swear, Kamahayah Shava, how much it was worth. The Hukhi Kamar. Now, we have to kind of re-read that into the snake's horse, and this is how we would re-read it in. Almost two lines. I put the right angles in over here. That mean-ishba was what we had asked, though, at a line and a half before the snake's horse, ended on the previous omeleur, not who swears, but who swears first? Me-nishba teh-hilai, double and one more teh-hilai. Oh, so there, it's the Malva-Nishba teh-hilai. The Malva is the one who's going to swear first that he doesn't have it, that it's not in his rishus, because that wasn't the case, Shema Yishava Zem, maybe the Lava would swear first. If you had to see how it's because the Malva would say, "Oh, look at that, I have it here," and that would be a big problem. If it was worth something different, then what he had just sworn that it was worth. Period. There's a question now that Kamarah asks. It starts here and it goes down. About seven lines. So, first one, a line is Haya. Rafuna Bhartakali from Yishmed d'Rava Ammar. Reisha de Saifa. The Reisha of the Saifa. So, the Saifa or the case is three and four. Reisha of the Saifa is case three. That would actually be a tiufta, La Revuna. That would seemingly refute Revuna. What did Revuna say again? Just refresh your memories. In the middle of the previous video, he had said that the fellow who claims that something happened to it has to swear that he doesn't currently have it. Well, let's see what case three was. So we quote case three for about two and a half lines. Let's put the right angles in, "Sela Hilvi Sanyalav Shtayim Haya Shava." The borrower says, "Yes, you lent me a thousand for it. You lent me a thousand and the Mashmanah gave you was worth two thousand." Baha'lah Ammar and the other fellow, the lender of the money, said, "Loki, no, no, that's not true totally. Ela Sela Hilvi Sihalav True, I lent you a thousand. Sela Haya Shava." But what you gave me was worth a thousand. Well, in that case, he would be putter for having to take any sort of Shvok. He's basically a cover book called, essentially, "Loki's saying, 'You owe me now a thousand. He's saying, 'I don't owe you anything.'" For Yimis, Lidrafuna, if Rafuna said it's really true that we make him swear Shvokshayim or Shusai, Mika de Mishtava, Malva, Shainib or Shusai, since, in other words, if somebody comes to base them to make him take a Shvua, we have to really have something on him. But once he's already taken a Shvua, it's attack on a secondary Shvua. So Miigu, since, in Mishtava, Malva, Shainib or Shusai, we're always going to make him swear that it doesn't have it. Lishtava, Nami, why don't we also make him swear, Gilgul Shvua. Gilgul Shvua was the concept of, once, somebody's taking a Shvua, you attack on another Shvua. Kamayah Shava, how much it was worth? Well, that is the question. Amaravashi, so Ravashi reports, "I'm Rishtava Shmaisa, Kameh, Rafkhanah." I said over this teaching and the question to my Rashi Shvua, Rafkhanah, and on Rafkhanah, Amarli, and Rafkhanah said, "Well, you know what the case is over here? Tehei, this is the case of Be'amminai." That which we had said in case number three, Putter, you know why? Because the Liva says regarding the Malva, I believe him, that he says it's on his rishos, he doesn't have to swear. Okay, well, if that's the case, then how many Liva the Milva, Nami, Baha, well, if the Lova is trusting the Milva, if the Milva says names rishos and he's not making him take a shvua, then he should also believe him when he says, "Kamehaya Shava, how much it was worth?" Well no, no, no. We're talking about something, I don't know. The Rolex watched that the Lova's had for 20 years and the Malva had it for a few days and then it, you know, we don't know where it is now. And therefore, the Lova thinks himself, like Kim Leibigave, that the Malva doesn't really know. He doesn't have like an established relationship with this thing to know how much it's worth. Okay, well then, Nehemne Malva the Lova, why don't we say that the Malva will believe the Lova when the Lova says how much it's worth, they Kim Leibigave. This has been like in the Lova's family, for who knows how long, many years, and like he knows what it's worth because it's his thing. Well in general, Leibigave and Leibigave, the Malva will not believe the Lova. Well one second, so do they believe each other? They don't believe each other. Maishna Lova, why do we say that the Lova, the one who's borrowing the money, the Milva the Malva, that he'll, in general, trust the Malva when the Malva says that he doesn't have it. Umaishna Malva, why would the one who had lent out the money, deliver him the Lova that he wouldn't trust the guy who borrowed the money from him? And here we have an interesting conclusion. The basic, not that it's always true, certainly not as a general rule, but the basic ideas that somebody that the Lord has blessed with great financial ability, especially if he's lending it out to other people, is usually understood to be a more believable character than the type of person who needs others to come to them to borrow money. Lova, the Lova MacKai and Bebe Malva, he, his relationship, the way he views the Malva is the Tumas Yushorim, Tan Reim, the Tumas when they were Tan, like Elechlofanabe Tameem be like the pure and perfect of the straight ones, Tan Reim should, should lead them. Basically the Lova looks at the Malva that he's a pretty straight on the sky, whereas in general, again, there's a generalization, but Malva MacKai and Bebe Lova, as far as the Lova, excuse me, as far as the Malva, what perspective did he have with this guy who came knocking on his door needing to borrow money? Like the continuation of that Pasek in Mishle, Chapter 11, Pasek, Gimmel, Vacelef, Beedim Yishadeim, Vacelef, Beedim Yishadeim, Vacelef is like the crookedness of the Bogade, Bogade is a traitor, Yishadeim will steal from them, will rob them, will plunder them, that's where they have no money because he's probably not so straight. Bikitsur, the Lova views the Malva as being a more trustworthy honest guy in general than the Malva views the Lova. Period, who got there that was once this guy to if get Kippie Gabe Chavre, he deposited some earrings with his friend, Amrlei and I don't know, came back a week or two later and said, "Havli Kippie, give me my earrings." Amrlei, he said back to him, "Hmm, I know I took them from you, but Loya donna Heicha Aisvinu, I don't know, for the life of me, remember, where I put them." Okay, and everybody doesn't give them back. Also, look how many of them have Nachman and another of Nachman, so the case came to have Nachman Amrlei and are of Nachman said to him, "Well, Cole, Loya donna, any time you have a situation like this with a guy, I don't know, that's basically negligence. She use a he, Zil Schlim, go and compensate him for the earrings." Well, like Schlim, the guy didn't compensate the earring owner for the earrings. Also of Nachman and Ravnachman went and to enforce his den, Agvella Apadne Minei, he seized his, Apadne is usually like a large house. Now, I don't know if these were, I don't know, 15 carat, perfect diamond earrings that were worth $3 million in the house with $2 million, but that's what the Gamara says. Let's say if, what happened, Istrah Akhippi. It turned out that the earrings were found, the Aikr and they had gone up in value. Kama, Amrlei of Nachman, so Ravnachman said that in this case, Hadri Kippi Le Marayu, Apadne Le Marayu, let the earrings go back to their rightful owners and let the mansion go back to its rightful owner. Amrava. Now, Ravnachman was a student viewing from the gallery or the viewing section. He says, "Aaveya Sivna, Kameh Dharav Nachman." We were in the presence of Ravnachman, who, Purkin Damav Ghirave, it was a Dafyome, whatever it was. Let's see what Purkin says, yeah, we were learning this, Purik, third Purkin, Ms. Arras. Bhavamatsya. The Amrlei and we said to him, "One second, why should that be?" Didn't the missionaries say, "She, Lane, the Le Rosselli, Shav." So, the missionaries said that if he wants to pay, then he acquires the K fell. In other words, if he wants to pay, he acquires whatever additional benefit comes out of this, and then, well, shouldn't, in this case, the additional value of the earrings that went up in price shouldn't that stay with him? The Le Rosselli and Ravnachman didn't say anything back to me. The shopper of Adulah Adulah, and it was actually a good thing that he didn't respond to me. Well, Le Rosselli, I said, "Oh, my time, oh, why?" It sounds like a decent question. Well, no, it's not, because there's a big distinction between the Mishnah's case and this case. Hossum, in the Mishnah, lo Atrechhe Labedino, when the Mishnah said that if he pays and doesn't want to swear, that's basically don't have to go to court or to deal with the court at all, and that's why he, so to speak, acquires the rights of that additional payment in the future. Whereas Ha'cha, in this case, Atrechhe Labedino, he has them to have to go to court. Semicolon. The war asks, "Now, the member discovered Ravnachman de Shumah Hadar, is that to say that Ravnachman of the opinion, that a Shumah, let's say, some amount of money and he didn't pay back, so he assessed some asset of that person and collected it, that if, I don't know, a week later, six months later, or ten years later, who knows, if he comes up with the money, then he just pays the money and gets that item back, and why would that be? Well, says the war not necessarily, that every Shumah will be Ha'cha. Shiny Ha'cha, it's a little bit different over there, de Shumah, betose, have it. In other words, the whole Shumah of the mansion was because they thought the yearings were gone, but the yearings weren't really gone, they were there. He had them, he just didn't realize where he put them. Ta'cha. Ha'cha, they keep you in my car, because the kippies never went anywhere, they were just misplaced. Period. Amrina Hardai. Shumah Hadar Atrechhe Shasa, that there's a time limit on this, that if the money can be, um, got it together, then the person who had the item seized from him would be able to get the item back, and pay the cash. Amrama Amr, Amr, Amr, says Animina Hardai, and I'm from this, and even Hardai was severely and I hold Shumah Hadar Atrechhe Shasa. It's like open-ended, it could be five, ten years later, and still the item would be given back to the rightful owner. The Hilkasa La Klamisa Shumah Hadar Atrechhe Shum, not because necessarily the strict letter of the law says that, but rather, Mishum Shana Amr, because of the concept, rather than the positive letter, it's the ideal thing to do, to do that, which is straight and good. The person wants to add him back, and he's willing to pay the cash, great. Period. We got a few cases over here, Pita Case Number One, Shumah Le Le Bal Haiv, let's say there was somebody who owed money, and he's not getting the money, and they assess some asset of the Luyva, and he gets it. Basile Uve Shumah Le Bal Haiv D'Day, now he takes that asset, and has it assessed for his Bal Haiv, so it's almost like A owes B money, A doesn't have the money, so A's asset goes to B, B owes C money, so B, the thing that he collected from A, goes to C. Amrina and Lay, in that case, we will say to the third guy, even though he had nothing to do with the first guy, Lo Adafat, Mi Gavir D'Ossis Minay, you are no stronger, more significant, than the guy that you're coming from, the B guy, basically, you have to take the cash and give the item back, period. In another case, though, let's say Bob was owed money, Bob didn't get the money, Bob got some item instead, and then went Zavna sold it, Orta, or bequeathed it to his descendants, or Viyavam, Matana, gave it as a gift to someone, in other words, the item, to sell it, the item has given us a gift, Vada Hanimikara died to D'Aranakas, and for sure, those people, the person who bought it, or the person who, obviously, there's a gift, he was understanding that that land he was getting was land, it was never money, but Lava died to D'Aranakas, and therefore, if the one who owed the money comes with the cash, you can't show up to this fellow's doorstep and say, "Okay, I got the money, I'm on it by that land back," so what are you talking about? I just bought land, I had no idea, there was a cash deal involved the one's upon the time with this land, period. Case number three and case number four are sort of mirror, uh, case of each other, let's say Shamul Lala Isha, woman who lent out money, the person who paid back, they assessed some asset, and, um, gave it to the woman, the insiva, and then she got married, or Shamul Meenad Isha, the woman who borrowed money, she didn't have to pay back, so they assessed one of her assets, and gave it to someone else, Meenad Isha got married, and then in either of those three, in case three or case four, Meenad Isha, the woman died, how do you view the husband in relationship to these nighas, and then the wife brought into the marriage? Balbaner Saishdai equals laikayachave, he's like a laikayach, and therefore, in case three, loy mihadar, and in case four, loy mihadarina, and in case three, he doesn't have to return the item, or the land, and in case number four, they don't return it to him. Dhammar of J. Srebranina, Bhushah Hiskinu, in the city of Usha, which is one of the stops that the Sanhedrin made when it went from being in the base of Meenad Isha compound to being exiled, and disbanded until, hopefully, soon in her days, what will be reconstituted, they were metakein, one of the things, they were metakein there, was that Isha Shemachra, Benixi Malog, if you have a woman, and now she's got her next to Malog, that stuff she brought into the relationship, if she sells that Bakhai Balar husband's alive, Umeis, and then she dies first, Habamuis manolukuleis, the husband who had the kinyan hapeiros while she was alive, and still has the kinyan hapeiros, even if after she sells it, he would actually be considered enough of an owner that he would be able to seize it from the lukuleis. Period. Agbei ihu baqavai, let's say you didn't go through the courts at all. I borrowed, let's say, $5,000 from somebody, and he came, and he said, "All right, where's the money, don't have the money." I said, "You know what, here, take this silver menura." Okay, then, let's say I get the money back. So can I go in to the guy who has the silver menura, and say, "Listen, I'll give you the $5,000, give me the nor back, please, barabacha and ravina." Khad Omar, one of them says, "Hadra, that the menura has to be given back for the $5,000, just like a Shuma's based in, an official assessment that was made in the court system." Khad Omar, the other one says, "Loyhadra, you don't return it, call it." Khad Omar, Loyhadra, according to opinions says it's not returned. Why? Savar, because he's of the opinion, "Hi, Zvenimalyahi, like this is a full fledged sale. The court didn't force me or twist my arms to have to give the silver menura, I'm not giving them my own daha, me dai did enough shiagwe. I offered them my own, and therefore done. So I have to cash us wonderful, but the guy doesn't want to sell me back the menura, give me back the menura, and I give them this $5,000 and fine. Khad Omar, according to the other opinions says, "No, it should be given back." Savar, that's because he's of the opinion, "Loyzvenimalyahi, this is not really like a full fledged sale, for "Hi, Zvenimalyahi, me dai did enough, which the guy agreed to give up the $5,000 menura, of the Loyhadra, and not take the thing to court, makhoski sufuhu dai, because of the potentially very embarrassing scenario of him having to come to court and not having the money to pay up alone, period. Umeimas Akal, let's say land was given to somebody who lent out money and long as defaulted on, when, if it's let's say a field, it's the entitled to eat the peros in the field. In other words, when is it considered his, that you can eat the peros? Three opinions. Raba, who underlined Omar. Well, mikimatya adrochta lea dai, heidan anaim lea dai. Once the seizure document has come into his hand, once 90 days has passed, and they officially write out the seizure document, that's when he can start in the peros. Kamabai, who underlined Omar, no even earlier than that, heidav bekhazuma zachumlei. When the witnesses sign the adrochta, even before it comes into the possession of the one who needs to hold onto the document, already those peros are, he's entitled to. Raba, who underlined, says actually much later, time, Raba, Omar, mikimatya shlimu yumea krizasa. Even though he has the actual adrochta, the seizure document, let's say he hasn't found which asset to take yet, and it could take a long time, and then when he does find them, he has to come to the base, and the base, and it has to make like advertisements, and see if this is whoever's going to pay the most for it, it's a much longer process, but it's a much later stage. So, it's the mishna. So, thank you very much. Let's say I rented a cow from Avus renta cow, vihishilala akhir. So, I rented from Avus renta cow, and then my neighbor said, "Hey, Horowitz, can I like just borrow your car for, I don't know, a few hours, I need to just go pick something up?" Vihishilala akhir, or just call it a cow, I rented a cow from somebody I'm paying rent, and then my buddy asked if he could borrow it, and then what happens when he's borrowing the cow, Mesa Kedarka, it just dropped dead in a normal way, no negligence or anything like that, okay? What happens over here? It's ironic, but Yishava Hasaykhir, I know the Saykhir, so the Saykhir who was renting it from the rental cow company, Shemeza Kedarka. He will swear that, listen, it died, and as a Saykhir, you're not responsible if the cow dies. Ironically here, the Shoyel, who was actually in possession of it at the time, he, a Shoyel by the way, since he gets all the benefit, he has the highest level of liability, responsibility would have to pay the full value of the cow Yishalame to the Saykhir, which is ironic. The Saykhir was, I don't know, he rented a $5,000 cow for $100 for a week, lent it to somebody, it died when the other person had it. He, the Saykhir doesn't have any liability to the rental cow company, yet the Shoyel will have to pay $5,000 to the Saykhir, which wasn't even his, but that's seemingly the way it would work. Amura Biosi, I box her Biosi. Biosi says, "Kedzad hala ises sclarabiparas wa shukavere, how can this fellow literally like do business? He paid a little bit for the rental and he's going to get the full value of the para of someone else, ella tauksar parla bylam, the para of the value of it, will be returned to the rightful owners." That's Rabiosi's opinion. Saykhir, I'm Malaira Vedibaravana, by a mikti, well, one second here now, Saykhir be mikani la hai para. What is the mechanism by which the Saykhir, the cow wasn't his, he was renting it from someone else, so why is it that we're looking at it as though it's his? Ooh, Bishvua, apparently it's because he took a shua, that's what the mission is said, that the Saykhir will swear that it may say kedarka. Well, if that's the case, the name of a masculine Saykhir, let the cow owner say to the Saykhir, all right, that's a wonderful buddy, dal ant vedal shua saykh. Why don't you just remove yourself from the situation or remove your shua from the situation? Bahana mishjaina dinan, I'll prefer to deal legally with Bahade Shail, the guy who borrowed it, right? That's like a reasonable claim, it died when he had it. Amalay, so says Abayye back to Vedibaravana, Misaavr, so one second. This is all going under the assumption that Saykhir, a person who rents an item, and then it dies, Bishvua, who took Akani laites, at the moment he takes the shua, that it was Misa kedarka, that he acquires it. Oh no, it's much earlier than that, Misha has Misa who took Akani laite, when that animal dropped dead when the shua had it, that's when he acquires it. So then why is he taking the shua? Almost like a secondary issue, the shua is que la hafistata shabalabai, it's like the owner of the cow is really upset about this, and I guess by the one who rented it taking the shua, hey, listen, you know, it's not my fault, it's Misa kedarka, that settles the mind frame of the cow owner. I'm Robsera, I circular Robsera, I put a number one in the margin. Six lines later, last words in the line are of Akami Difty, I circled Tim, put A to A in the margin and circled it, and four lines below that at the end of the line is Marbaravashe, I circled Tim, and put A to B, okay, let's see what they're saying, now Robsera has a bit of a complicated case, but it's unbelievable the irony of this case, coming off of the missiona, Palmim says from Zera, Shahabai limi shalman kamaparsasheh, imagine I own a cow, and I have some sort of deal or number deals with Bob, and even though it was my cow I can end up having to pay the value of numerous cows to Bob, now how's that going to work? Palmim sometimes Shahabai limi, the actual owner of the cow who as we're going to see became a shayel, once or twice or three times on his cow, michaamman kamaparsasheh, here we go, heji dami, how does that work? So agra minay mei yumi, let's say I had a cow, and Bob says, Horowitz, can I rent your cow for a hundred days for a hundred dollars, then it's fine, so I rented it to him, pay a hundred dollars, and he's got the cow, the hudder shayli, and then I really need a cow, and I don't have any, so I went and I borrowed it from Bob, tishin yumi, for 90 days, I say listen I really need it, can I just borrow it, like I'll give it back to you after you know, day 90 and you'll still have 10 days to work with it, and that's what he did. And then shortly afterwards, there's a lot of back and forth here, Bob shows up and says, you know what, I really really really need the cow, I'll rent it from you, now this is like the second time he's paying rent on the same cow, but it's a new agreement, hudder agra minay, so Bob rents it, Tom Ninayman for 80 days, which means he'll still be 10 days by me borrowed at the end, comma, and then hudder shayli minay, then I really really really really really really needed it, and I said to Bob, actually you know what, sorry, all this back and forth, can I borrow it from you for 70 days, I'll give it back to you for the last 10 days, and then you'll never guess what happened, when the owner of the cow, after all this had it, Umeza, it just dropped dead beside Himay Shayla, so while he was borrowing it, de a kol Shayla, but Shayla for each deal that he was, even though it's all the same cow, but for each time he was a Shayla, he's really responsible, even though it's his own cow, Makhayev Khadapara, so he's kayev one cow, or the cow's dead, the value of a cow for each one, Amalir Vahkamidifshir, Vahkamidifshih sesteribsaira, excuse me, sesteribina, mikti, one second now, Khadaparahe, it's the same cow, I love the Afga that was going in and going out, going in and going out, Afga, it was going out, me sreros from an arrangement of where it was rented, Vahilah Shayla, going into a situation where it was borrowed, Afga me Shayla was going out of being borrowed, Vahilah sreros, and therefore there should only be like one payment, Amalay says back, or Vahkamidifshih, me, isalapara, ba'ayna, de namalay, haqay, that would be wonderful if you actually had the cow here, but the cow's dead, and therefore, it's not here anymore, that you would be able to say that, like, if it was a lie, fine, but it's not. Mar baravashi, who we circled, is a 2B approach, amar, ain loy alli en ela shtei paris, no matter how many times they went back and forth over here, there's basically only two cows, there's Khadadah Shayla, one that was borrowed, the Khadadah de sreros, and one that was rented, and it might have happened two or three times, but it's the same cow. Shum shayla aqasih, the concept of the borrowed one is one, Vahshum shayla aqasih, and the concept of how many times it was rented is one. And as far as the rental arrangement, where each time he's renting it for a certain number of days, but then taking only ten days, and then another long period of time, and then only ten days. I'd buy you, basically, we'll say however many days of time was left to lend it to him, to let the renter of it keep it, who may hajalay, lemara, and then it goes back to the rightful owner.