Gemara Markings Daf Yomi
Bava Metzia 44
Mm-dollar that I'm with Olive at the fourth pair of cars, Zohov, as a general introduction. If I have $5 and I buy a pound of apples from you, now if I still have my $5 and you have your pound of apples, neither of us have entered into the transaction. Let's say I gave you the $5, but you have not yet given me the apples. Do either of us, or maybe both of us, or maybe neither of us have the right to back out. Like, could I say, actually give me the $5 back, I want it back out. Can you say I'm giving you your $5 back? How about this? How about if you gave me the apples and I didn't yet pay for it? Could I back out and say, "Eh, I don't want the apples coming back to you?" Can you say, you know, give me back the apples? Who can back out? Who can not back out? In general, when you have a deal of cash money being paid for an item, a machea of the purchase of the item. When purchasing the apples and I made a machea on the apples, the deal is clenched. No backouts, I have to pay you. On the other hand, if what I did is only paid you the money but haven't received the apples yet, then apparently there can be backouts because a machea on an item is what clutches the deal, but receiving the money, the part of this was received the money, not necessarily. Now, that's somewhat straightforward when you're dealing with one party's giving money, one party's giving animal. But if you have money being traded for money and after all, what is money? It's a piece of greenish paper or a piece of colorful paper or some deceased Israeli president on it. In the old days, it was not paper money, there were the original things I believe were coins and depending on the type of metal that the coin was minted with would give the value to it. There was gold, there was silver, there was copper. So the mission here is going to be dealing with if you have a situation where there's a party A and party B and they're supposed to be buying or selling or exchanging something, does the machea, does the taking of one of the parties, the item that the other party has, clenched the deal or not. So we're going to deal first with coins of different metals, gold, silver, copper. When you have, let's say somebody is using their gold coins to acquire silver coins or silver coins to go, gold coins is like coins and coins. Which one is considered the kessef? Which one is considered the item? Not so clear. Says the michna. Hazahov klina es ha kessef. If you have Mr. A and Mr. B, the one who pays the zahov, if that was paid, let's say for Mr. A has the zahov and he gives it to Mr. B, the deal is clenched and Mr. B owes the silver coins to Mr. A. In other words, no backouts whereas ha kessef, if machea is done by the other party, Mr. A takes the kessef of Mr. B, a no kona es ha zahov that would not clench the deal. And again, the big enough to mean if a deal is clenched, you have to follow through on it. If deal is not clenched, you can back out. You might not be advisable to back out, a person might get some sort of heavenly curse for backing up. But legally, they're totally within their rights, not that you should do it, but they're in their right to back out. Let's see the first Rashi. Says like this. Hazahov klina es ha kessef. Hala kyrzina y zahov, somebody who is purchasing gold coins, Tivuim, minted gold coins, bid deenre kessef, so he's got silver dinners and he wants to use him to purchase gold dinners. Nousen ley deenre zahov, if he received the gold coin, then the machea says of that machea that he did that taking to himself, the dragging or the pulling of the zahov towards himself acquires the kessef to the balazahov. Venes rayav loye, and this guy then has a legal requirement, machea kibil deenre zahov, once he received the gold coins, lusus ley deenre zahov, to pay the silver dinners, bein euchal oxerboy, and he cannot back out. That's not an option. However, this is the next phrase in the Mishnah, and reliant here, these five words, ha kessef is not konazov. The other way around now. Let's say shim, nousen ley deenre zahov, if the only party that exchanged something of theirs was the one who had the silver dinners, tchilah, lo konazov, that did not clench the deal, bein jalen shim, nousen ley deenre zahov, and either one of them can back out. Demats bei a kessef. Now why is that? Because you have to always ask yourself which one of these two items is considered the kessef relative to the other item. In this case, the machea kessef ha vei maus, the minted silver coin is considered the monies. Mi shim de karifi, since it is more easily spendable, it can, it can, it's more current. Le nousen ley de zahov, much easier to go to a store in America and give them a $5 bill than a $100 bill. The deenre zahov, gold coins, eno ela keshar metaltil, and that's viewed as being sort of like some sort of movable item relative to the silver coins, umos enon kinase, and we know in general. If there's $5 being exchanged for a pound of apples, the giving of the $5 does not clench the deal until the one who is supposed to get the apples takes the apples. Evam machea kessan metaltilen, coin of the other way, if the apples have been taken, then the deal is clenched. Feen ech man jachalox, or neither so I can back out. The guy who's got the apples can say I want to give the apples back. The one who's owed the money is entitled to the money. Le bigomor mafarish time, I think more is going to explain, there's two echos, I squiggle underlying this eka, and a line later in the rache I squiggle on on the eka, eka, there are those diel of machea kommi natura, that it's a dorice concept, eka demokyla, betakansa de robon, and that it's a rabbinical enactment. Okay, that is all the first line in our mission, let's go back to the mission. Somewhat paradoxically, at least initially, if we just said kessif is the um, money, is that because, well, let's see the next line, hanakosius queen is a kessif, a kessif eanakos a nakosius. If that which is being exchanged between these two parties is um, copper coins and silver coins, a machea um, of the nachosius, for the one who wants to get the nachosius coin, clenches the deal and the kessif is owed, the silver coins are owed, but a machea of the silver coins is not con of the kessif. And it seems like even though we said before, the less valuable coin is the one that's considered the kessif. Here in this case, the same thing kessif coin is the more valuable, and even though it's the more valuable, since probably it's the more current, that's the one that's considered the kessif. Kama, mous arois, kaines a saiyofois, taiiyofois en un kaines arois, mous arois are, we don't really, I mean you could have a pound note with Queen Elizabeth on it. It's going to be good for a few more years, but then it won't be current. In those days, it was much more common or frequent that they would take coins out of circulation, probably with the previous leader. So coins that are arois, they're bad because they're not able to be circulated anymore. Those would kon of the yofos, they would be the metaltilin, so to speak, in relationship to the good coins, the ones that are current, for haiyofois and machea of the yofos and kaines arois. Kama, asimone, asimone is a slug or an unminted coin, it's a round and it's metal but it doesn't have like George Washington or Donald Trump's face on it, it's just a blank. So a machea that Bob does to the asimone will kon of the matbea to al, matbea, but a machea of the coin, if what's being traded is coins and unminted slugs, in a coin as asimone. In principle, through each one of these, whichever one is considered the kessef, and whichever one is considered the metaltilin, the machea of the metaltilin is kind of the kessef, the machea of the kessef is not kon of the metaltilin. And this is about as straight forward as you can say, then the mission of metaltilin. If you have moveables, a pack of 10 pencils, machea of that is kon of the matbea, clench is a deal, and the matbea, the coin is owed matbea, but if it's the money that's being paid, a no kon of the metaltilin, the machea of that will not clench the deal for the metaltilin. Kama. Baby, zaklal, maybe not zaklal, but either way, call a metaltilin coin and zazze, let's say you're trading a pack of 10 pencils for a pack of 10 erasers, a machea of either one of them acquires the other. Pete said, how so, so we'll have A and B. Masha kha menupayris for Lai naslimawi's. If you have machea, I do a machea on Bob's apples, the Lai naslimawi's not having to give him the money, any akhalak sir boy, I can't back out, I have to pay him the money. Whereas naslimawi's, if I paid the money first to Bob, the Lai masha kha menupayris and I didn't yet take the apples, yahkhalak sir boy, then either one of us could back out. Now, even though, technically, even one of us could back out of Al Amru, the following, which is not very nice, it's basically anyone who backs out is a low life bit of a slimy individual that the Lord will exact retribution from, so it's not a really good recommendation to back out, but misha para mianci dor hamable, the one with a capital O, who exact retribution from the people of the generation of the flood, or mai dor flaga, and the generation of the dispersion, hu asili para, he in the future will exact retribution, capital ichi, mimi shayno alimidbi debu right to the person who does not keep his word. Kama, rabshimun, hui bakstaimir, kal shat kessaf biyada yada yada yada yada yada yada. Rabshimun is a slightly different opinion, he disagrees with the branan. Rabshimun says, nope, cash is king, or the way he says it, whoever has the money in his hand, he has the upper hand. He says that the one who has the money can always back out. Let's see the rush in the bottom line, or one line under the gomara, the debra masa kal shat kessabiyate, polyga de raband rabshimun is arguing with the raband on the first opinion of the mishna, da army, they say, nous lei mous, yachalaksurboi afil lei kea, that if all that has been given is the money, then the one who gave the money can say, you know, actually give me the money back. Vassar abshimun le maimar, rabshimun says, muy her, sha kolbi yada y, hu diachalaksurboi. It's the seller who's got everything, unless he has the item, and he already took the cash, he's the one who could back out, but the lei kea, the one who paid the money already, didn't yet receive the item. And yachalaksurboi is not able to back out, buga maimar, farse taimaf, and we'll see a bit more of the reason for that. Okay, that is the mishna. Many fathers have the schlose of teaching their sons mishnais, the most famous father who taught his sons mishnais was probably, nous lei mous, dianosi, the general editor of the schas mishnais. So, mustin lei rebi, le rabshimun bray. Rebi, rebu de nousi taught his son, rabshimun, the following teneic source, none other than our mishna. Forwards, right angles, hazov, koin a esa kessef, zov is koin a kessef, so mishicha, an esa kessef, by party b, is koin a de kessef, to party a. Amalay says, rabshimun, to his father, rebu de nousi. Rebi, shani salanu, be al-du-sech, I dot underline, be al-du-sech, I don't understand, because when you were younger, you taught us the following, I underline these four words, ha kessef, koin a esa zov. That's not what we set up in our mishna. A mishicha of the silver is that which is kind of the gold, kama, and continues the sun to his father, continues her bshimun, to his father, be al-nous, if it talks of it, to shan el-anu, and now you're teaching us bizik-nu-sech, ha, adan el-mizik-nu-sech, and your older years, the opposite, that it's the zov that's koin a de kessef. Well, which way is it? Now, the camarra wants to clarify clearly, Rebi had one opinion he was younger, and he had another opinion when he was older, asks, look, I'm already there for be al-du-seh, my salvar, bizik-nu-seh, my salvar, what was Rebi thinking when in his younger years, when he said kessef is that which is kind of zov, and what was he thinking? In his older years, when he said it's the zov, a mishicha of the zov that's kind of the kessef. Well, be al-du-seh salvar, I double underline, be al-du-seh salvar, and two lines later, I double online, bizik-nu-seh salvar. So let's start here. Be al-du-seh salvar in his youth, he figured, in his younger years, Rebi figured, what's the more valuable gold or silver? Da-va de hoshev, it's more valuable, that's the one when you need to figure out which is the koin, which is the mutbe, I have a tiva, tiva the Aramaic word for like a minted, meaning like the koin, the kasba, de lo hoshev, the silver, which relative to the gold is much less valuable, that's the one we'll have to call the pira, the item, the kanile pira-letiva, and mishicha, as we said always, of the apples is kind of the money, in this case, mishicha of the silver minted coins is kind of the gold minted coin, so kessef is kind of zov. Bizik-nu-seh salvar, however, in his older years, Rebi had a different perspective, a different way of looking at it, and it wasn't which one is more valuable, but which one is more current, which one is more easily spendable, and others, if you have a hundred dollar bill, there's actually places you can't spend it, it won't take your hundred dollar bill, if you have a five dollar bill, everyone will take your five dollar bill, which is more valuable, clear the hundred dollar bill, but the five dollar bill is more easily spendable, so Bizik-nu-seh salvar, in his older years, Rebi figured, kasba, silver, de harif, harif means it can more easily be used to purchase something, that's the one that will assign the position of the tiva, of the coin, of the mutbe, of the kessef, de harif, but gold, de lohara, which is not as easily spendable, have a pira, is going to be the, that which we define, which is like less expendable, the piro's vicanile, and as usual, the general rule still applies, whichever one is considered the pira, a machine of that, by the party wants to acquire it, vicanile pira le tiva. Amoravashi, I circled Rebaashi, I put an A in the margin, about 10 lines later, 11 lines later, first word along is Rebaia, I don't want to take a smiha away, and that's the previous lines, we circled Rebaia and put A, B in the margin, and about eight lines below that, last word along is Reba, I circled Reba and put a C in the margin, I'm going to have a few different approaches here, says Rebaashi, Amoravashi, kiel, dusse, mistabra, i don't know the line, mistabra, it actually seems to make a most logical sense, says Rebaashi, what Rebaie held in his younger years, really? Yeah, midekatani from the fact that the mishna said, here's the next case in the mishna, put right angles here, four words, hanahoshus konah esa kessef, so the mishna to tell us that a mashiha on the copper coins will acquire the silver coins, if that's what's being exchanged, copper coins are silver coins. Now, I am as I squiggle underline the word I, four lines later, in the middle line, it says, ela ei squiggle underline that, so let's look at the two sides. I am as mishna, if you want to say the following, all seems to be fine and dandy and work, and peaceful kasba legabe dahava, that silver relative to gold, pirahave is considered the peros, basically like Rebaie figure in his younger years, well then it reads fine, hanu dikatani, that's how or why it taught in our mishna, nakoshus is konah kessef, imashihehe, the copper coin will acquire the silver coin, da affal pi de legabe dahava, pirahave, even though when in relationship to gold, the silver is considered the peros, legabe nakoshus, when you can make it to something else, namely the copper, tivaave, then the silver coin is considered the matbea, ela ei squiggle under the ela ei, ela ei, amriss, if you want to say, and this is the way that Rebaie in his older years apparently explained it, that kasba legabe dahava, silver relative to gold, is the tivaave, that's the coin, well, hashto legabe dahava, if you're going to compare silver to gold, as far as it is compared to gold, de hoshumine, gold is definitely more valuable, amriss, yet we said, tivaave, that the kessef, even though it's less valuable is considered the coin, legabe nakoshus, then certainly when it comes to, if you want to compare it to copper, da euchashive, the silver, more valuable than copper, the eucharive and the silver, more easily expendable than the copper, mebaie, would you even have to tell me, like, of course it would be considered the coin, and therefore, revashi says that like Rebaie held when he was younger makes more sense, but more rejects this and says, not necessarily, it's true, it could be that it's necessary to teach the case of the copper coins, and it wouldn't be a support the way revashi explained it, it's true, saktaekamine might have thought to say, honey preety, if you're dealing with copper prutos, copper coins, betastra des segaiye in a place that they do circulate, well, and like everyone takes them, in eucharive it's famicos, but they would be considered more, like, what's more easily circulatable, a $5 bill, or a $20 bill, there's places where the $5 bill is much more easily circulated, amr therefore, I might have thought that the copper coins tivaave would be considered the matbeya, kamashmalan, the British would be in teaching the second case in the Mishnah, kavan de ikadukta de loisangibe, it's true some places they're more easily able to be spent, but since there's places that, that's not the case, piraave, they will be considered peros, the copper coins considered peros, always relative to a silver coin, because silver coins circulate everywhere, kama, vavra preya, this is the reprise, it's interesting, because revashi is the last generation of amr arayim, we had a man second line, and arabria is the first generation of amr arayim, it's a different revashi, or it's a different revashi, or it's the same, but we're just lobbing together in the gomara, all different opinions, no matter how early or late they were, but it was a general rule, when we go through names in asugia, often the gomor will go from the earlier amr arayim to the later amr arayim, any event, vavra preya sa varabria also holds dava tivahave, that it's the gold that's considered the matbea, the coin, basically like the yaldusei of rebi, where do we see that from, derav, oisif dindrei, me bartidrabria, ravuans borrowed some gold coins from arbria's daughter, le saif aikr dindrei, like I don't know, let's say six months later, we're just gonna pay it back, the gold coins were worth more, asala kamigrabria, so the case came to arbria, I guess rev wanted to pay back, but in general if you borrow something, and then it's worth more, that could be a potential ribbass issue, or a potential paying interest, you know, I can't borrow a hundred dollars from you, on the condition I'll pay you back 200 next year, that's Delray's interest, well how about this, borrowed rav here, in this case it borrowed some gold coins, and now the gold coins are worth more, and he wants to pay it back, so he came to repria, underland repria, amr lei, and repria saitim zil schlimla, taven utikilin, go, pay her good, full coins, in other words pay her back, you borrowed, I don't know, seven gold coins, and pay her back, seven gold coins, now, Iamr's bishop, my squiggle under the E, if you want to say the following all is well, that da hava, that the gold is considered tiva hava, that's the one that's the coin shopper, in other words, if I borrowed a hundred dollars from you, even if six months later, a hundred dollars is worth a little bit more relative to other things, that can still pay you back a hundred dollars, there's not an interest issue over there, Iamr's pivra, pira hava, if you want to say that the gold coins is considered pay rose, if I borrowed a hundred dollars of apples from you, and when I want to return it, it's worth, let's say, a hundred and twenty, that might be a ribous issue, have lei, that would be a case of saa, ba saa, borrowing one pound and paying back one pound was worth more, da saa, that would be forbidden, okay? That would be Rekriya's proof that it must be, that it's the gold that's considered the matzbea, the coin. Well, no proof, could very well be, that what was going on over there is that Raav actually had, in his possession, when he borrowed from Rekriya's daughter, he actually had dindreza of just not on him, he had it somewhere else, Raav dindre have lei at the time of the loan, now, since he himself had the gold coin, just didn't have it with him, cave on da have lei dindre, na saa, then it almost became like, even though it wasn't spoken out this way, but it became like kith, ai merla, as though he had said to her, have any aji have beni, ai shaem, some aftayach, can you lend me the gold coins, until my son comes and he's able to bring them for me, or until I find the key, which I long, I miss place, but bottom line, that is not a ribous issue. I'm a raava, circles raava, raa is the sea approach, haitana savar dava teva have. Once again, we see that there's a teneic source which holds, like the Aldusse of Rebi, like the younger years of Rebi, that the gold is considered the matbe of the coin. Desan, as we see in the following breisa, this breisa goes almost six lines and starts here. Pruta, I swear you'll underline the word pruta, we have a pruta coin, shamru, is echadmishmana bissaritalki, its value is 1/8th of an Italian ishir, le minafka minna, what difference does that make, why do I need to know that? Le caduche, that's very important, if a man wants to be makade, she wants to get engaged to a woman, he has to give her a coin that has at least that value, so you have to know how much that's worth. Kaava, ishir, I swear you'll underline ishir, when you're dealing with an ishir coin, its value is echadmishmana bissaritalki, it's worth 1/24th of a silver dinner, le minafka minna, what difference does that make, well makade, oomemkaar, that makes a big difference if you're doing business, like if you're going to sell somebody, dinners for more than 1/24th of an ishir, that would be an issue of overcharging and you'd have to make sure that it wasn't more than a 1/6th price discrepancy, because then you'd get into an ishir or usury issues. Finally, dinner shell kesav, I want to do dinner shell kesav, a silver dinar, and I don't underline until the end of the line, how much is a silver dinner worth? El chadmashin vakhamisha bid dinar shells of 1/25th of a gold dinner, well, le minafka minna, what do we need to know that, rate for, answer, le pijon haben, because we know it's for a father to redeem his first born son from the kohannam, it's five shekels, and a shekel, a torah shekel, is a cela, and a cela is four dinners of kesav, times the five is 20 dinners, so it's basically 20/25th or 4/5th of a dinner shell zav. Okay, that's in if it's an egg source, why did we bring it in? Because let's analyze this now, eomus, I squiggle and run the word e, and then a line and a half later, the beginning of the line, I squiggle and run the le, eomus, bishramen, if you want to say the following all is fine and dandy and works, that tivahave, the gold is considered the coin, then misha eartana bemedidikt, so it makes sense that the author of the tinek source that we just finished is assessing the value of something with something that is fixed, it would be kind of strange if you were going to assess the value of something that fluctuated, you always assess the value of something, if you want to know, in America, everything is in dollars, the dollar is that which is fixed, everything else either goes up or down in worth or in value or inflation or deflation based on the dollar, eomus, rather if you want to say, I squiggle and run the le, eomus, pira have, that the gold coin is considered the pay rise, do we ever do I, if you ask me how much does 7 apples cost, do I say 3 pairs? No, I say 3 dollars, eomus, that you want to say the gold coins are pira have, misha eartana bemedidikt, okra vazil, does it make sense that the tana would give the assessed value of something in another thing which goes up and down, quaschmerk, kama, zimin de mahadele ka haina, bizimin demosif leihu lekana because sometimes this is the father trying to redeem his firstborn son, sometimes if the coin would have to give change and sometimes you'd have to give more to the coin and that wouldn't make sense, we need to know five silver coins, what the value of that is, elishmaminar, it must be, tiva have, that is considered the coin or the matbeya, shmaminar, adkana.