Gemara Markings Daf Yomi
Bava Metzia 51b
Nunnala Famadala will pick up 12 lines from the bottom. There's the two dots. The Mishnahad said, "Misha Hutala la Vyadellayana," the person who, it was literally placed upon a meaning. He's the one who got ripped off. Either if he's the buyer, he paid too much, he's the seller, he sold it for too little. "Yadellayana," that person is the one who has the upper hand. Manimas Neeson, now the Mishnahad went on to explain the denim, and we want to know now which ton of what the Mishnahad be, which interestingly enough, on Nunnama Bayes we had a today exhaust near the bottom. That was a maklokas between Rev. Nauson and Rabbi Yuhu Dhan dasi. Those are the two snake opinions on the issues. We want to know our Mishnah. Manimas Neeson, apparently, low Rev. Nauson, but Nauson, if you put an arrow in on Nunnama Bayes about eight lines on the bottom, the corresponding arrow would be here. This is the Rev. Nauson, who would it be like? We'll see why, seemingly, it's like neither of them, colon, e. Rev. Nauson, I squiggle on it on the e. If you want to say it's Rev. Nauson and Nunnama Nauson, maklokas Neeson, katani, rotsa. Our Mishnahad said, "If he wants to the one who got ripped off, he could say, 'Give me my money back,' or give me the difference between what it was worth and what was paid. Who Bryce, low, katani, rotsa. However, the Bryce didn't say anything about if he wants to. It sounded like, 'No, no, the deal's good,' and he gets a refund of whatever the rip-off amount was. On the other hand, e. Rev. Nauson, I squiggle on on the e. Nunnama Nauson, maklokas Neeson katani, lykayach. Our Mishnah is talking about it in the context or the perspective of the purchaser who got ripped off. In the Bryce of katani, maklokas, the Bryce of, back on the bottom of the previous song, would present itself in the context of where the seller got ripped off. Who would be the author of our Mishnah? I'm going to have a buzzer, I'm going to have a buzzer, I'm going to call it number one. Last one line is Raba, I'm going to call it number two. The next line, 4, 5, 4, 4, the end is Raba, I'm going to have a call number three. So I'll have three approaches as to who could be the Tenaiq, opinion behind our Mishnah. Raba's just says, "Oinazu, any idea of Mishnah?" These Mishnah is talking about Una. I do not know who taught it. In other words, I don't have a clear understanding of which Tenaiq opinion would hold like that. Okay? Raba was the second approach Ammar. La Oilam, Rebi, Nauson, he, really. It's Raba Nauson. Now, we had Raba Nauson, we're familiar with Raba Nauson. What was the thing though? We said if it's Raba Nauson, but in our Mishnah, it sounded like if he wants to, he could do one of two things. And the Brice, it didn't seem to give him that option. So really, La Oilam, Rebi Nauson, he have a Taninami, Bib Brice. So you know what? You have to edit the Brice on the bottom of the previous. So I'm going to a little bit and say instead Rasa. That also, over there, we're giving him an option. Raba was the third approach. We underline number three. Ammar. La Oilam, Rebi, Huda, Nausi, he. Our Mishnah is basically like most Mishnah is, or if you don't know otherwise, either established as Raba Nauson, or Raba Nausi was the general editor of the Mishnah is. Oh, my dish. Shir, Masniesen, Kamafarsbe, Brice. And simply, even though the Mishnah was talking about from the perspective of the, of the seller, and the Mishnah was talking about from the perspective of the buyer, that's fine. Because what was left off in the Mishnah, the Brice filled in. In other words, they compliment each other and not contradict each other. Ammar. Ravaash, Yur Vash, his deikanami, precise reading of the Mishnah will bring out this point. He's a forward quote from the Mishnah. I put the right angles in. Echad haa lekeach, ve'echad haa muyhear. That's the way our Mishnah, in the middle of this, on wood, starts off. Clearly talking about both in the perspective of if it's the purchaser got ripped off or the seller who got ripped off. Omefarse lekeach, and then goes on to explain only the purchaser. Shmaminah, shiyurei, shirei, lemaihear. Left out the maihear, not that it doesn't agree. It just isn't going to explain it, but that was explained in the Brice in the previous song with Shmaminah, period. Itmar. Ravaash, ve'echad haa rei. If a person says to his friend, "Listen, let's have a business transaction here. O menosha, inla, alai, ina on the condition that you have no claims of price fraud against me. Does that work or not?" maklokus ravaushmul. Rava, wis rava, dhammar, yayish, lea yai la gana. The one who was, if one of them was defrauded, there would still be a claim that that one could have against the other. Ushmul, who we circled on, maihear, inla, alai, nah, nope. That was the agreement, no claims of price fraud, so no claims of price fraud. Okay, maklokus rava, and shmul, dhammar, now wants to suggest that maklokus, possibly, we could parallel to another maklokus between remar and rebuhud, meaning each one of the amigraim would hold, like, only one of the following shanaim. So, suggest the maihear, lema rava. Should we say that the amura rava, dhammar, he holds like the tanura mair, who we'll see shortly, and shmul, dhammar, he holds like the tanura, bihudu, we'll see shortly, de sanya. So, you know, when a man gets married, he has certain responsibilities to his wife, the main three are that he has to make sure he provides her with food, clothing, and conjugal rights. Let's say you have, this is a snake source that goes for about a line in two thirds, starts here. How in real isha, you have a man, he's going to get married to a woman, and then he says to her, rava, precudiciously, behold, thou art betrotth unto me, almanas shein, lach alai, a condition that you don't have any claims on me of she erksus thein, share food, sus clothing, ona conjugal rights. Okay, now, those are the basic responsibilities that a husband has to a wife, he's being makadish on condition, and she doesn't have those claims against him. What do we say? Well, maklokus, haresumikudasius, according to the first opinion, we say it's a good kiddushin. Usenobato, and the conditions he made are nullified, divre, rebbe, mayor. We boxed, rebbe, mayor, and rebbe, mayor says, you go ahead with the deoliciously conditions, you can't go against, you know, something that is the tor responsibility of a husband to a wife. And that would be just like rava, who said, yeah, you have a deal, and rava says that there would be, oh, no, I'll claim still. In other words, the deal stands, and you just go ahead with whatever the normal Jewish halachas are, regardless of what the condition was, whereas, rebbe, who know who we boxed? Mayor, he says, well, sometimes, yeah, sometimes, no, if it's a monetary issue, like a dauvreship in my mind, for instance, like food, responsibility the husband has to the wife, or clothing, both of those are simply monetary issues, to know, I am there, the condition would be fulfilled in the marriage, and that would be like Schmuel, who had said when two people make a transaction, and the condition is that you won't have any own odd claims against me, okay, then he can't even, you know, clumps against me, shouldn't we match up then, rava with Schmuel, a rava with a mayor, and schmuel to rebbe, huda. And of course, every amara always prefers to explain there, amara, a companion is going with an alternate opinions, and that's what both rava and schmuel do here. Amara laka rava, and Rava will tell you, Anadamriya feel the rebbe, huda, no, no, when I said my den, that there is, I know, that's even according to rebbe, huda, how so? Akkam like I'm reviewing it, Hasam rebbe, it only said the case where you have the couple getting married, Ella Diyadah of Akkam makhla, where she knew that these were the conditions going into it from the beginning, she knew that she was not going to get those things. Akkam makhla, and she was makhla, that's on the food rights, and that's, excuse me, she's got her own source of food, her own sort of brother-in-law, not brother-in-law, but maybe her father owns a clothing store. Of course, the conjugal rights issue, that is, it's araguf, which is really not acceptable for makhila. Okay, aval, however Rava would tell you, hakamiya de makhla, in our case, who says it's going to be a price fraud, in our case, two people making the deal, the one who's going to eventually get defrauded, he won't get defrauded, so that's the difference, where shmul, we underline Ammar, Anadamri, I could say my opinion is valid, even within the tanderebi mayor, kama, Akkam ramair, hasam, Ella, de vadai, ka, Akkar, vadai, ka kakul, rashi explains, it literally is that for sure there'll be an uprooting of a tor principal, what we mean here is at the time of the condition, that's when the marriage, the kadushin starts, and it's at that time that the condition being uprooted is being uprooted because immediately there starts responsibility for all of those three things, aval, hakha, in our case of a business transaction, me, ama de kaakar, medi, who says it's going to be a price fraud, that was one of the initial conditions, like maybe there won't be, maybe there won't be, who knows, period, ama ravanan, la dee dee mefushin lee mei demar shmul, I had it explained to me, bai shmul, colon, a and b, hakha, ima de hakha, dee rei, a, if a person says to his friend, quote, amanashay, mah ha, a lie, a lie, a lie, a lie, we're going to make this business transaction on the condition that you have no claims of price fraud against me, well, okay, that's fine, ain, loy, a la, ain, a, so he didn't have to make that deal, he made the deal, so there's no claims of price fraud allowed, comma, however, if this condition is worded as follows, b, quote, amanashay, ain, bai, ain, aa, and I would double-endline shame by, on the condition that there is not a reality of price fraud, well, what does that mean, the Torah says there is a reality of it, you can't make a condition against that which the Torah says, and therefore, haray yeish bai, ain, ain, that deal, there would be claims of price fraud, period, maysfay, we have a question, or maybe you can put a semicolon before the maysfay, at the end of the previous line, this is a question on Rav, who had said that a person is able to have the way we explain that Rav could be going even like the Tanah Rabbi Yehuda, so maysfay, we have this thing, source goes for just over two lines, haanashay, ve haanashay, bai, amanah, let's see you have a business transaction, what's amanah, amanah, let's say I have merchandise, I don't know what to sell it, I have some fellow who's an expert, I rely on him, I'm going to give him a slight wage and I say listen, here's the item that I'd like to sell, sell it for whatever you're able to get for it, and give me the money, and I'm listening, I'm relying on you to get the best price, or haanashay, somebody who says to his friend, amanah, shein la kalayolah on the condition that you have no claims of price fraud against me for the deal that we are about to do, in la'ilah vina, then there will be no claims of price fraud, now Rav, at least the Gomorrah had suggested that Rav could explain that the even Rabihudah would be going like him, in other words, and Rabihudah for sure would be going like him, and here we go, says the Gomorrah, the Rav according to Ravtham, or who had said, anadarmia feel the Rabihudah, haa, mani, who don't be the author of this snake source, it's not going to be rebuted, it's not going to be rebuted, we have no tana with which would tribute the authorship of this snake source to. So at this point of bias this is actually preferable, or maybe we'll say it's better, it's whiter. Amrabhaya, sir, kalabhaya, makhvartas, whiter, or better, to say that Rav when de la nama crobe, mair, Rav is going like rebby, mair, the tana, which is fine, and only rebby, mair, the tana, and shmul, we underline, is going like rebby, you know the truth is shmul, going like remair, but the bottom line is, Rav has to be going like remair, and only rebby, mair, Rav, who we sir, kalabhaya, like asha, it depends, kan bistam, kan, de mafarish, desan, there's actually a distinction, when he says "stam", on the condition that you won't have any claims of price fraud, he didn't know about that there was going to be any price fraud, whereas mafarish is where he's specifying, and you have this sometimes, the person really wants an item, the seller says, listen, it's on the condition that like you know you're getting over, I know I'm overcharging you, I'm telling you right now I'm overcharging you, that would be the distinction desan, now the price that starts here goes for seven eight lines, the med varma morim, when is it that there is a claim of price fraud, that's in a general standard case of stam, where two people make a business transaction, and nothing specifically was spoken out of albin, the farish, where it's made absolutely clear that one side is paying either much more, much less, like mocha shama luke, if you have a seller who says to a purchaser, quote, kafarish shani mocha lakh, this here item that I'm selling you, bimah sign for two hundred, yoy dehani sha, ainai shava elamana, I know it's worth only a hundred, that's definitely price fraud, you're charging two hundred for a hundred item, however I'm selling to you, that's fine, however it's albin nass on the condition, shein lakhalai, I know that you have no claims of price fraud against me, you know what, ain't like a lover, I know it has no claims of price fraud, because everything's spoken out, as a purchaser, you don't have to buy it, the seller made it very clear, that's where there would not be a claim, similarly, bimah kafarish, if you have a buyer, shama le mahi who says to the seller, listen, kafarish shani yoy kafarish, this here item that I'm going to purchase from you, bimah na for a hundred, I know very well, yoy dehani sha, yoy dehani sha, ainai sha, ainai, that it's worth actually two hundred, and I'm willing to buy it from you, but it's got to be clear that it's albin nassa aim lakh, alai, I know that you will not come back with some claim of price fraud, well, in those cases where it was spoken out and made clear, ain lai allav anah, just as our condition was, that's what it'll be, there is no possibility of a claim of price fraud in those scenarios, that's the end of that price, a ton of our bottom, we have another price that goes for about five lines and starts here, han nase ve haan nase ba amanah, if you have people who are doing business, meaning you have a person who's merchandise, another guy who's going to sell some merchandise and it's ba amanah, which we explained up above was, I'll trust you to sell the item for the best price you can get, hare za lohye haashe ve es haa roba aman haasayafa bi sha, let's say I have two qualities of merchandise and I need somebody to sell it for me, I have good stuff which will sell right away, I have other stuff which might take longer to sell on the marketplace, what I would not be allowed to do, hare za lohye haashe ve haa, I can't make the deal as follows, that the ra ba amanah sell the lower quality stuff for basically whatever you can get for it and I know it'll take a bit of time, and the yawfa, the high quality stuff, which of course will sell out right away, you can sell for what it's worth, and then pay me all of the money at the end, and the reason why that's a problem is because I'm essentially giving him the proceeds of the stuff that sells right away, time to use that money because the other stuff that will take much longer to sell, and only then he's going to pay me back, e la za ve za ba amanah, you can have high quality and lower quality stuff both as long as they are either both ba amanah which is sell it for whatever you can get it for me and give me the money right away, or za ve za be sha ve, or you have to sell each one for what's the fair market amount even though it might take longer, now if let's say the deal was za ve za ba amanah, now you can say there's a couple of reimbursements that the person who dealt with this sale is allowed to request number one if there's literally wages for children, in other words let's say schlepper fees, or transportation fees, that the seller doesn't have to take, that has to be reimbursed by the person who owned the merchandise, scar gama, if you have to hire camels to transport, trucking costs, scar pundak, if it required going far away staying overnight in hotel, so reimbursement for the hotel stay, what about actual wages for the guy who made the sale and worked on the sale, scar has my anonotel, that he doesn't get, why should I say that, because part of the standard deal already was, scar gama, his complete wages, okay where did we discuss, we didn't, so the gomer wants to know, that's the end of the right, so scar gama, where does the one who took the merchandise, brought it to market, spent time selling it, where does he get his wages from, amra pappa, biz, saj ruye, dia the arba le mea, saj ruye is like the typical clothing salesman, the hemp garment sales person who would typically, his wages would be four for every 100, so let's say for every 100 hemp garments he sold of the producer, he would get four for himself, so I guess approximately a, four or 3.8% of the sales is cut, out cut.