Gemara Markings Daf Yomi
Bava Metzia 51a
We will begin Ba'as al-Sashami Sbarachan nono baiz four lines from the bottom at the two dots. The Misha said, 'Anmatai Mutre La Haqsa' until when is the person who realizes there was some sort of price discrepancy able to return, bring the sale back, have it go back. So, Amar of Nakhman, I am under the land of Nakhman, he's coming to qualify when we talked about the timeframe of Kadeshi Yireh, the amount of time we take to show to an expert or relative, Laishan Oela Le Liquea. That's only for the purchaser who currently has the item in his possession. Of all the Maichre, when we're talking about the seller who he doesn't have the item in his possession anymore, Le Oelomheuser, he could back out of the deal, actually, if he realizes there was a price discrepancy of significance forever, says since he doesn't have the item, then it's obviously very hard for him to get a assessment until he finds another item that's identical to it. And of course, you have to qualify this with the fact that it can't be that item from the time he sold it till whether this is a day later or a year later has gone up in price because then that wouldn't count. Okay, name MSALA, should we say the Misha would be a support tour of Nakhman. Throughward Crowe from the Misha Nakhazu Le Divre Chachamamam, I close the right angle, the Tagore load wins back to go like the Chitazu Chachamamam. Now, I am responsible for the first line and the first line and the middle of the line is an EI squeal and the line that. So I am responsible if you want to say the following all is well and fine and dandy that a Maichre Le Liquea Le Liquea is there, that the seller can always back out Mishaam Hachih Crowe's room, that's why the Tagore load is saying, you know what, we're going to go with the Chitazu Chachamam because as far as a seller, you can back out it forever. Le EI squeal and then the EI, if you want to say I'm a Maichre Namibil Liquea Le Liquea Chach, excuse me, that the seller is just like the purchaser as far as timeframe, Ma'en Afga Le Hoo Minah, like what difference would it make because if they make a mistake, they can also back out. Well, Kihei Thaav di Lei Rabannan, Tagantale Le Liquea Chachamamam Aja De Rabannan Tagantale Le Maichre, like it seems like it's an equal Tagana that when we say the Rabannan here, interesting, I actually wrote above it, Rabbi Tarfen, meaning when Rabbi Tarfen said the Rabbi's instituted a decree for the purchaser, they also did it for the seller. Well, the Gomor explains that actually one of the things the merchants of load were known for was being expert price analyzers, Tagore load, Le Chach de To, it was very uncommon they would make a mistake and therefore they were able to stay within the legal bounds, period. Here's a little incident which was basically the Rami Barhamma, Rami Barhamma's innkeeper, Zavin Khamrabit Thaav, he had once sold some wine and made a mistake in the sale price, Ash Ghachay de Havelatsev, and I guess Rami Barhamma met up with his innkeeper and saw that he looked pretty sad. Amrlei, he asked him, "Amayazivas, why are you so down?" Amrlei Zvini Khamrab, or I guess Vini Khamrabit Thaav, well, I sold some wine and I realized that I undersold it. I sold it for less than it was worth. Amrlei says, Rami Barhamma Tim, Zil Haderbach, you can actually go on back out of the sale. Amrlei, so the innkeeper said back to Rami, "Ha, shawsely, you used to make a day sheer and let Tagore look ravy." Well, no, I can't because I waited already too much time. It's longer than it would take for a typical person to show an expert or relative who was an expert. Well, Shajjala Khamay de Raav Naathman, so Rami Barhamma said, "You know what, go speak to the chief rabbi on this issue," Rami Barhamma Tim, Amrlei, and Rami Barhamma said to this innkeeper similar, Loyshanu El-Loyqayach, that which was a time limit where one of the two parties can claim there was a price discrepancy as the purchaser, because he currently has the item in possession and can easily get it assessed of all the mocha that sell the low-lum closer. He can back out really forever. My time, what's the reason? Loyqayach, which underlying, and we said this a few times here, we'll see it inside now, Mechaib Yada. He has the item in his possession. K'lecha-dazu, wherever he goes, Ma'chri-lei, he's able to show it. Ve'amri-lei, and people or experts will tell him, Ito'i-Loyqayach, Did he make a mistake? Did he not make a mistake? Did he get a good deal? How good a deal? How bad a deal? Ma'chriach, which underlying to Loynach, Mechaib Yada, the seller who no longer has there. He has produced items for most of history. Everything was sort of like individually made. The seller who does not have the item anymore, Ad de Misrami-lei, Zvinta, 'cause he they, until he finds another item for sale, which is almost identical to the one that he sold the other, and then he would know, and this might be a day later, this might be months later. And now, ito'i, ito'i, Loyqayach, whether he made a mistake, or not. Ahugavra, put a diamond around the tahugavra, four lines later, there's another one that also gets a diamond, a couple cases now. Who governed this guy to have a nocket, Varsha Khilizwune, he had some silk material to sell. Kari Shisa, he was calling out, six, six, six, no, six, widget, six dollars, six pounds for this silk. Now, really, Shavya Khamish, it was worth five. Bi'ava yavilay, Khamshah, Upagah, haveshakal, however, like we're reading into his mind, we know that if someone would have offered him five and a half, he would have sold it. Now, comes along a typical sharp Jew, Asugavra, a guy, the amar, and he figures like this to himself. Hm, yahifnalay, Khamshah, if I give that guy five and a half, let's call it dollars, haveshakal. That would be within the realm of a reasonable markup, and there'd be no ability to make any claims against him. At 10, you know what I'm going to do with this guy, figures? I'm going to give Lay, I'm going to give him Shisa, six. So when you go from five to six, that's a 20%, that's a one-fifth price discrepancy. It boiled the Dean, and then I'm going to take him to court and get the whole extra dinner back. Asugavnalay, the Rava, so the case came before Rama, Avaray, and Rava said to them, "Loyshanwala, beloy kakminha tagar." This whole issue is only when it's being purchased from a merchant who knows the proper valuation of things. Khamah ava, beloy kakminha, la bayes, ain, loy ai, lava, na. In general, when you're buying not from somebody who's a Wheeler dealer merchant guy, but rather just from the baal habayes, like, let's say, jewelry or personal items, there is no O-na, because basically, why would somebody possibly be selling their personal items? Free has to, and it can sell them for more, and if someone doesn't want to buy it, they don't have to buy it, but there's no real O-naa claim. Who got there was another guy, or there was a guy, dahave naket kippi lizvune, he had some earrings that he wanted to sell. Khari Shissan, he was announcing, he was selling for $60, vee, shavi klamshan, but in reality, it was only worth $50, vee, have y'all have a lei chamshan, if anyone were to offer him chamshan for $55, have a shock ill, he would have taken the deal. Also, gavras, if somebody came along the amaran, figured like this, yahiv nal lei, chamshan, for chamshan, if I give him $55, haemirhila, well, that's less, that's basically within the reasonable profit markup for an item, et tain, you know what I'm going to do? I'm going to give him Shissan $60, veed boilidin, and then I'll take him to court, and sue for the extra $10. Also, the commander of Krista, the case came through of Krista Amalay, Krista said to the one who asked about this issue, loyshan al bele kekminat, tagar, it only applies when he purchases from an expert merchant of a bele kekminat, but as if it's from a typical homeowner who happens to be selling things that he has, ain lei love, ain l'ahiv, there is no den of ain l'ahiv, ama lei revdimi, yahiv nal lei, that's right, good straight thinking, reina marbalazur, yi ausher, that's right, good straight thinking. The comorist says one second, vaha naan san, but we have a michna, actually coming up in a few lines from now, that seems to indicate possibly otherwise. The michna, quote, that we'll have here goes for all of six words, I boxed it off, kashim shoy no la hejio, ka hai no la tagar, just like there's a no for a regular person, so true for a tagar, no one second, weren't we differentiating between a tagar and a heads out connector, the comorist says man, hejio, should we not say that hejio is like typical balabais? And ama of rista? No, the typical hejio is be sadraiso, sadraiso is, rasho calls him big day canvas under the mocha, hemp garments that are for sale, ava mani tash michte, however, a person's personal items. The kiri LA, a very yaka reads heavy or precious, lo mazvin, l'huilav bitzamiyisei, the typical person isn't willing to sell his personal items unless it's with a significant above market valuation. Says the michna, ekara le ke hai ekara, mai ke hai kei shoy no naan, the price fraud can go either the purchaser got ripped off or the, no, seller got ripped off, como kashim shoy no le hejio ke hai ne la tagar, just like there is price fraud when it comes to a typical person. So to when it comes to a Wheeler dealer merchant, rebby yahuda, ay bhasra vidribido, ama ina na na la tagar, no, no, no, there's no one going to do it with a tagar, kama michu dolav yahuda, yayana, the one that it is incumbent upon them, he has the upper hand or the one that it was placed upon, meaning the one who got ripped off, has the upper hand. Also I'm gonna lie if he wants, he could say, tanly mawisa, I had like my money back completely or tanly mashi ni saani, I want to keep the deal, but I would like a refund of the amount of money that I was, um, gypped out of. Says the michna manani mili, where do we, excuse me, says the kamara, where do we know these words of the micha manani mili did tanra banan, the kamara, quote, say, price of the goes for a little bit over a line and a half. Pasek says, in viekra, haf, hey, pasek yah dalit, vachisim, kurum emkul amissekra, when you sell an item to your, uh, conationalist, dah, dah, dah, I'll, trenu, do not defraud him. Okay. So I see there, the purchaser is not allowed to be defrauded, um, this on a mai kemina, and how do you know if the seller was defrauded? Well, tanmul amissek says, aye kannoy, amisse sanada isk, we want to line that, I'll trenu. Or if you're the purchaser, uh, no rip us. This is what the mai kemin, this is what the mai kemin, both, we have to be told. Why can't we just be told one and not the other, we need to be told about that the purchaser is shayek, to price fraud and so to the seller, colon, dee, ice, google, underline this word, uh, dee, and about a line and a half later in the middle line is another vee, dee, kasrahmana, mai kere, why is it that I would have thought if the Torah told me that a mocha can be ripped off me from de kim lee bezavinte, however the loi keah, de loi kim lee bezavinte. The purchaser is not as, uh, usually, um, well, um, trained or, uh, experienced in knowing the proper value, ama loa, sorry, rachmana, bezavinte, may be the Torah doesn't put as much responsibility on that person and therefore, uh, the defrauding issue is, is not really shayek to the typical, um, uh, fellow Jew. Okay, and that's what you had to write, if the e-kasrahmana, if the Torah would have written, um, by the loi keah, that the purchaser, there's a den of, um, uh, price fraud, uh, mishum de kah, kani, because he is acquiring the item, uh, darmian, she, like, people say in general, when you acquire an actual, like, tangible item, zav, zavne, or zavness, kanis, or kanis, uh, if you bought something, you acquired some of this, if you brought a real asset, you actually have something, as opposed to just cash, which sometimes cash is king, sometimes you realize to have the item, how about mijsar, when it comes to the seller, da vu di ka muy vid, what's he doing, he's basically lightening the load of his net worth, he's, uh, losing by selling the item, because, of course, when you have the item, it basically, they have, I don't know, picture stays on the wall for decades, the cash equivalent to the picture usually gets blown, uh, relatively quickly. After darmian, she, like, people say, zavne, oy vid, if you sold an item, you basically, uh, probably lose a good chunk of whatever proceeds you received from it. Uh, and therefore, uh, let's see, uh, darmian, she's zavne, oy vid, ami, might have thought to say, lo as harach mana, belay sinu, that type of situation, there would be no, uh, uh, warning against, uh, defrauding, therefore, so you could have to be told to us by both rebutant lemere, aen analit togar, now, ask the gumara, make sure to do togar, ami, I know, really. Um, just because he's a, we live to the merchant, so there's no, um, uh, price fraud, uh, violation or punishment, and the gumara has two approaches, tan, so, this amor gakmanamarav, I underline his name, he's number one, bit togar, soft star shanu, we're talking about somebody who buys something and turns right around and sells it to someone else, my time, uh, well, why is it, then? Here's why. Me de yada, de, me de yada, zavinte kamashave, he knows essentially how much is sales worth, vah, huli akhogabe, and he's being muy kalit when he sells it, vahai desavna hahi, why in the world would he sell it for less than it's worth, because he's got another hot deal with a much greater profit potential, michum de esramia lei, it, it happens to him to have a zavinte kriti, another, uh, deal, vahashta miha kahadar bei, however, it's at this point that we consider him backing out worth, vahashi underline, he's number two amor, mai in the togar, I know, in bituro, so I know, meaning it's not shayak toina, shafilo pakos mikadei I know, even a little bit lesser, price fraud, hosir. We say, they can go back, tani klase te dereviravnaachman, we have a price, and I like the first of nachman, um, price goes from here till the two dots, rebirudonimir togar, ain loy, ainot, ainashuhu, bakhi, adkam.