Gemara Markings Daf Yomi
Bava Metzia 45b
Mhamad Bay is 12 lines down. First word line is Kasha. The word after that is what we'll start with. It's Mar. There are two opinions. Rave is one and Lavi is the other. Colin, now we'll see what the two opinions are. We don't know which name. That's so it goes with which opinion. But Colin, this is going to be the issue of Halipin. Halipin is a type of making an acquisition, a deal. We're most familiar with it like a kerchief. One person is up to the kerchief. That person is going to be makna his things to someone else. Can a matz-beya a coin? Khadamar, one of the two. Am I double underline this word Khad and a line later? I also double underline word Khad. One of the two of them says mat-beya nasa. Halipin can make a Halipin. Basically, it serves like the kerchief in a kinyan-halipin that we're familiar with. The Khadamar, Ayn, Matz-beya, nasa, Halipin, you cannot have a coin make Halipin. So let's say I have a coin and I want to, now normally when I have a coin I use it to pay for something else, but I don't want it to be done like a payment, like some sort of commercial transaction. Rather, I want the kinyan to be like a kinyan sudr, like a kerchief, like a symbolic jester type of act, where the one who is acquiring the item in question, let's call it the lawnmower, he gives a sudr, let's say a curchief, to the guy who has a lawnmower, and the guy who has a lawnmower will transfer the ownership, let's say, of the lawnmower with the Mashiqah that he does on the sudr, okay, well, if you want to use a coin in that way, even though, like the Mishnah said, that if the person is trading money, like paying for something, and didn't you do a Mashiqah on the payrolls, that doesn't work, either side can back out, in other words, the deal is not clenched, that's when the money was given, this money usually is, is money to pay for it, but if it was done as Halipin, once the Mashiqah was done on the money, it seems like the deal is clenched and the lawnmower, even if it's in the possession of the other guy, belongs to the new fellow, that's if Madbair Naaseq Alipin, and the other Mandaamr says, no, you can't use a coin for Halipin, Amraapapa, so Rapapa is going to explain, now, my time, what's the reason of the Mandaamr, who says, ain, Madbair Naaseq Alipin, you cannot use the Madbair as the kerchief in a Kenyan Halipin, well, Mishum de Daitayah Sorta, because in general, the person who is getting the item, and he's receiving the coin, to have the Kenyan Halipin work, normally, it's a kerchief, however, here, it's like, I don't know, let's say, a $25 minted gold coin, his focus on the fact that it's a coin, a minted coin, specifically, because minted coins are certainly a lot more valuable in most times of history than unminted coins, and they circulate there, they're able to be spent on things, that Sorta, also in those days, is the Gamora Avida de Batla, it can easily be nullified, the king who decides he wants to have a newtzer, or a new king decides that all the old currency is no good, and therefore, it's not effective to be used as a suder in a Kenyan Halipin, okay, it's none, let's see what our Mishna had to say about that, Mishna, a quote, four words, it's the first four words of the Mishna, Hazav Coena Esha Cassaf, so when you have golden dinners, which is certainly the Madbair, it will Coena the Cassaf, now my love, shall we not say that, hey, you know what our Mishna is talking about, what type of Kenyan, a Kenyan Halipin, it's where it's doing it like a Kenyan sud, or using the Koinushmami, no, all those are gold coins, and we would conclusion there might be a yes, not a Halipin, says the Gamora, no, we're not talking about you, can you Halipin our Mishna we're talking about, as we had originally understood it, be dumb, you're trying to give money, the monetary value of it, to acquire the other thing, well, the Nihari, if that's the case, then the Mishna was not stated as precisely as it should have been, instead of saying, here's four words in right angles, Hazav Coena Esha Cassaf, comma, the word that should have been used is [coughing] [speaking foreign language] that he's [coughing] to pay the Cassaf, it's not the Zohov, the giving of the Zohov's not Krena Cassaf, the giving of the Zohov is that which is [coughing] him to have to give the other item, so the Gamora says, okay, fine, understand the Mishna Tsni, as though it said Hazav, [coughing] not only that, [coughing] logically that seems to make sense, [coughing] because if you keep reading, like the next line in our mission that we started this paragraph with, here's a five word quote, [coughing] Eno, Kona Esha Zov, okay, silver coins, well, Mishiho silver coins will not clench the deal for the gold coins. Now, E-arm suspicion, if you want to say bid-domim, it's being used as the monetary value of it, Hainu Darmin, that's why we said, or that's understandable then, that we said, the Daha'va, the gold is the Pira, and all relative to the other, and the Casper, the silver is the Tiva, the coin, the Tiva, when you're doing an exchange like that, a taking of the coin Pira Lai Kani will not automatically clench the deal for the Peros, El E-armus Bihalipin, if you want to say that, no, it's not, you're not buying it using the money, you're doing it with a khalipin intention, travailikna adadi, then gold coins should be able to acquire silver coins, a khalipin on the gold, and a khalipin on the silver should be able to acquire the gold, though you didn't even further, I squiggled it on the bowid, Tanya, we have a price, the price goes for just over three lines, the price says, hakesf Aino cona es hazahav, right, that was the second line of our mission, but we elaborate a bit in this price, a katzad, how so, so let's say, macharloy es un bachamisha dinar, shalkesf bidinar shalzahav, A, Mr. A is selling 25 silver dinners to Mr. B for a gold dinner, avabisha masha haz hakesf, even though he did a machiran the kessf, which is the silver, lo cona, it wouldn't work, ad shiyim shi hazahav, until the machir hazahav, which is the equivalent of the item in that transaction, now, that's the end of the snake source, the amr's bishop, if you want to say that the way it's being done, which is in this briso, which is just to elaborate on the case of the mission, is bid-domim, the coins are being over as a payment, a monetary payment, mishim hazahav, you like on it, that's why it wouldn't work. Although once again, the amr's bechalipin, if it's just being exchanged, nikni, it should certainly work. Okay, and therefore, it seems pretty clear it was not being done as chalipin, so then what's the other option is being given as domim el amai, question mark, a bid-domim? Well, Ihokhi amr, ratio, and I guess this is the ratio of that briso, also to the exhaust, it goes a little bit longer than the three lines, and it elaborates on not the second phrase in our opening mission, but the first phrase, and the other mission opened up by saying hazahav, krina esa casif, a mashicha, and the gold coins will acquire the silver coins to the other party. Now, Kaitzad, how so explains this briso, machar loi, let's see what's selling him, a denar shellzav, one denar shellzav, four esu makhamishu denar shell casif, 25 silver dinners, kama kevan shem mashicha, hazahav, once he did a mashicha on the zav, nikni casif, now you know, nikni casif, bechal makhamishu, who I squeal in the line, bechal makham, wherever it might be, even if it's not present here, wherever it might be. Now, let's take a look at that, eamris, I vectored the eamris, and two lines later first, two words in line are lee, I vectored that as well. So, eamris, bishamah, bechalipin, if you want to say, oh, you know what's gone here, it's a Kenyan jalipin that's being done, hainu dikatani, then it makes sense that the briso would say, here's just a quote of what we had a line ago, nikni casif, bechal makhamishu, wherever it is, right? That's great for jalipin, eamris, bechalipin, if the way this transaction is being done is the coins are being given as a monetary payment, high, then instead of saying, here's five words and right angles, nikni casif, bechal makhamishu, what it should have said, which would have been more correct, nikni casif, govra, me bechalipin, that the person is now high, have to come through on his end of the deal, and it didn't say that. Amoravashi, so even though it seemed to indicate that it's probably a Kenyan jalipin that's being done, hainu dikatani says, no, l'oillam bidamim, the mishis cases, mishantafm dallad, all those cases are the coins are being given as a monetary payment, umai, and what then did it mean in the snake source when it said three words and right angles bechal makhamishu, wherever it is, well, what it meant to say is khemos suhu, as it is, meaning according to whatever conditions they put into the deal, kidda amor lei, because you can have newer coins, you can have older coins, well, however he said in the deal, that's the way it goes. I amoralei, if he said to him, mei arnaki shadasha, yahivna lach, from the pouch of new coins I'm going to give to you, lei matsu yahivna arnaki yishani, you can't give him for the older coins. Now, even though in some ways older coins are preferable, because since they've been circulating a while, and you can see they're genuine, af algav de ad diffiminayu, the older coins, still, if the deal was for the newer coins, you do the newer coins, why? Because there is an aspect that the newer coins are preferable, maitaima, dhammar lei, because the one who's trying to get the coins can say, I'm interested leyashna, from the word yashna, and old, I want to age the coins, ka ba'inulu is why I need them, and it's a lot more effective to age, you want to age, like keep, put it away for five years, if you do that with new coins, they're much less likely to get ruined than with old coins. I put up brackets before the amorapapa, I saw the rapapa's name, and the brackets I closed, memvav, hamudalif, about 14 lines down or so, last rule line is tavach, and I closed the brackets. We'll do something unconventional, we'll skip the brackets just for a moment, because immediately after the brackets, we have a whole slew, actually three, here we go, v'héin amor ula, I circled ula, een mait bea, and double-end landi een, na sa khalibin, een mait bea, nā sa khalibin. So ula says also, no, a coin cannot do khalibin v'héin amorapasi, een mait bea nā sa khalibin v'héin amorapapa, nā sa khalibin, een mait bea, nā sa khalibin. So it's pretty clear, at least the vast majority of amorak opinions say that the coins cannot function, like in place of the suder, in case of in place of the courtship to accomplish a Kenyan suder or a khalibin. Now let's go back to the brackets, in the brackets now, which five lines from the bottom of the previous amorapapa, a circular rapapa, says rapapa like this. Up into now we've been speaking of trying to use the coins in place of the courtship. Rapapa says ula, v'hilamanda amor, een mait bea, nā sa khalibin, which is about everyone, even according to the opinion it says that the coins cannot be in place of the courtship, may avid, who delay avid, khalibin. So they can't accomplish the khalibin, normally the khalibin is accomplished by one who has the courtship or the baguette or whatever he wants to use, giving it to the other one. Aknuye makni bakhalibin, however they can be acquired using a khalibin. So imagine a court chief, one person has, there's another person has, the coins, coins can yes be acquired through a Kenyan khalibin, they can't be used as the court chief in the Kenyan khalibin, but they can yes be acquired through a Kenyan khalibin, mida have, similar to a pirouleur of nachman. Pirouleur of nachman, what do we know about pirouleurs, let's say a pound of apples. Lava thalgav, isn't it so? Dein houloi av de khalibin, we'll see rovnachman, darshans, the soka that has to be kind of like shoe-like base has to be a clea, and paris aren't a clea, and therefore if it's in paris aren't a clea, you can't use them in place of the courtship. Aknuye makni bakhalibin, but you can certainly do a Kenyan khalibin using a court chief to acquire. Peyros, tivals, so the coins as well, namiloshna, no distinction, so you can't use the coin in place of the court chief, but if you want to use a court chief to acquire the coins, you can yes to that. Maisfae, we have a teneic source, it goes till the second line on memba vamadalif, and it, I put a long question marking in the margin starting here, going down till about the sixth line on memba vamadalif, and here's the question. Maisfae, you have a person, a farmer, he's got, he has to get his truma, and his miserish, and his miser shiny, now miser shiny, sometimes years it goes to the on, neither poor people take it, sometimes he has to take all that produce and bring it to Jerusalem and eat it in Jerusalem. What most farmers, certainly if they were far away from Yushalayim, would do is they would transfer the value of the miser shiny onto coins, and then go to Yushalayim, with those few coins, and spend those coins on foodstuffs in Yushalayim. There's one thing though, if a person who owns miser shiny, redeems his own miser shiny, meaning transfers it onto money, has to add 20%, or let's call it a fit, the Chaimish. If somebody else for whatever reason does it, or he does it to somebody else's miser shiny, then he doesn't have to add that one fit. So it would be financially, ostensibly financially beneficial, to have somebody else put your miser shiny, or for you to put this one else's miser shiny, and therefore high ole mid-bigory, and if you have a person who's got a bunch of produce, and I guess 8.8% of it is miser shiny, he's in the threshing floor area, the granary, Vain Biadouimos, however he currently does not have cash money with him. So what does he do? Oymer Le Cháveiroi, he says to his buddy, hey Bob, you're my good, they trust Bob, they've known each other for decades, he says to him, that Bob understands going on here also, he says, you know what, these are payrolls here, Nesunumakma Matana, he gives over to Bob the payrolls, the miser shiny. Now once Bob has it, the heiser valimair, he, the owner, goes right back and says, oh you know what, I'm going to, I'm going to redeem your miser shiny onto these coins. Now as we redeem his own miser shiny, no it's now Bob's, and therefore he doesn't have to add the extra humish extra one-fifth. He'll say, quote, "Harean Michael Lalon, almao Shacely Babacy." I'm money at home on the top, on top of the refrigerator, they're gonna hereby have their holiness transferred onto the money that's in my house, that's the end of the phonetic source. Now the whole scenario, or the case in this brice was brought to us, actually I think a Mishnah, was brought to us where he doesn't have cash money on him. Time us, so the reason why this can be done is because there's an haven't he, she ain't be all day mose. Let's say he did have cash money on him, they're at the granary. Ha Yesh be all day mose, Likni Lehu Le Edach be Mashicha, then he would have been able to give over the ownership of it to the other person using Mashicha, and the other person could have been Parek. This person's Mysore Shaney, in other words the way that is recommended in the brice, it's a little bit of a harama, and as I'm giving Bob my Mysore Shaney, not because I'm really giving it to him, because I just want to not have to add the extra humish, but if it would be preferable, I could keep the Mysore Shaney and I just give him the money and let him be pulled to my Mysore Shaney. Dehakhi Adiv, again this would be preferable because it would not look as underhanded theoretically. Dehakhi Le, Nakhri, because then the other person would become a Nakhri, as far as the Mysore's concerned, V. E. Amris, but ban Nasi be calipin. Now if you want to say like we were suggesting that a coin can be acquired using calipin, in other words I give you the Kirchif, you get the coins, Niknilei Ma, hey let him give the money, he said where was the money, he didn't have it with him in the grand jury, it was on top of his refrigerator, no problem. Transfer the money to the other guy, Agav Suder, you know give him a Kirchif, and with him getting the Kirchif, you hereby give him the money. If I live right then it's again he'd be using ostensibly his money to be Poda the Mysore Shaney Peros, that's the question. Well that would be great if he had a Kirchif, you know what he doesn't, Dehlacely Suder. Okay he doesn't have a Kirchif, so he can't do it. Okay but a Kenyan calipin can actually be done also if I am going to be giving you land along with the land you can get movable. So the Niknin who Nihalei, and this is really a question, not so much a republic, but actually on the today's source, like why is there a problem in the, even in the mission that we said, why doesn't he, why does he have to give him the Mysore Shaney, why doesn't he just transfer ownership of the money which he has on his, you know, on top of his fridge and Niknin who Nihalei Agav Karka, along with land. Well Dehlacely Karka, he doesn't have any land. Well one second, didn't we say he was standing in a granary of a Hollywood big iron, isn't he in his granary? Katani? Answer, no he's in somebody else's granary big iron, Shayna Shilai. Okay so he's not in his own threshing area because he doesn't have one and doesn't have a courtship and for that matter you could do a Kenyan calipin with sock, you could do it with a shirt. So are we saying this guy is, doesn't have his own granary and is naked because he doesn't have any clothes on, the Ispil Tana with the Tana bend himself over backwards Lashmin and to give us a scenario or a case, Gava Artila, a buck-naked man, Dehlacely, Valai Kluma, has nothing, he has no clothes, he has no granary, he has no land, can't be, that's too, that's too far-fetched to be bringing out the example in that type of case, Elalav Shmami, now rather, should we not conclude from here since the case has to be one. It's not standing there without clothes, he's got some clothes on so he definitely has a sudder, it must be ain, that although Rapapa had told us at the beginning, five lines from the bottom, that a coin can be acquired using a calipin, it must be that it cannot Shmami, no, that indeed that is the case, not only is that so but even Rapapa himself, ah, Rapapa, Ayandol and Rapapa Hunter, but he also backed out from what he had told us, five lines from the bottom of the previous Amud, as we'll see right here, Kihadir Apapa, Havelay, he once had, we actually saw this scenario at the end of Messacchas Babakama, this case, he had traced our alphid in between 12,000 dinners, which is an enormous amount of money, in a city far away from where he lived, it was in the city of Bei Huzai, now Rapapa wasn't going to be Huzai, if he was, the people there would give him the money that they owed him, however he's going, he knows Akninhu, he transferred the ownership of those coins, in other words he gave those coins to Rav Shmul Barachah, who was going to be traveling there, now how could he transfer on to coins that were not with him, Agav Asifah de Bei say, along with he gave him, as safe as the entryway, the threshold of the doorway into his house, and the reason he did that, and the effectiveness of it, in other words, when Shmul Barachah comes and says, yeah, I'm here to get this stuff, the 12,000 dinners, they'll give it to him, because since it's now no longer Apapa's, but it's not where Shmul Barachah is, they know the moment they give it to him, they're not responsible liable anymore, Naafkimina being if Shmul Barachah gets, let's say, bushwacked or mugged on the way back home, their payment is good, Ki Asa, and when Shmul returned, or Shmul Barachah, returned with the money, Naafkalapia, Tavakshar of papa, was so happy he went out to greet him until a place called Tavak, let's see, end the bracketed section, and then we had the three, I'm Aurek opinions all who say that Ayn might be an Asa Khalippin, and we have a few questions on this, we're going to just pre-triangle it, and then we'll pick up next time, Asifah gets a triangle over here, and four lines from the bottom, in the middle of the line, as a tashmah that also gets a triangle, and Mr. Shmul, we'll pick up next year with this Asifah. Adkhan.