Gemara Markings Daf Yomi
Bava Metzia 65a
Samaham Adalith, eight lines down. First word online is Abaiya. I struggle to Abaiya and put a number one in the margin. Five, six lines below that. It says Vamara Abaiya. I struggle to Abaiya and put a number two in the margin. And about six lines below that. First word online is who. I put a number three in the margin. We're gonna have three cases. Here's the first. Amara Abaiya. Hyman de Masiksuzi d'Ribisa bechavre. If you have a guy, let's say me. I'll use myself even though I'm constantly turning myself into the Abaiya, Varyon. I hold a claim of Zuzim. D'Ribisa bechavre. Basically, I had made an agreement with somebody. I was in charge of interest. And he still owes me the interest that person. Vikha honestly, shiiti arba grivy bezuzabishukha. And the going rate currently for wheat is four measures for Zuz. So he owes me a Zuz. Let's say a Zuz is ten dollars. And the going rate for ten dollars, you get four measures of wheat, beoive lei eu hamsa. And he gives me, I guess, instead of the interest payment in lieu of it, five measures of wheat. Now, we had said earlier that the rabbinical authorities will get involved to seeds away. Ribbits had been collected from the one who collected it. And therefore, kimafkinaminae, when I get that seized away from me, is it the wheat I get seized away? Well, apparently arba mafkinaminae, four measures of wheat, which is the equivalent of what the rib is, would have been, is get seized from me. Ida, the fifth. Aizuli hudakamayizugabe is viewed merely as sort of a discount that the borrower gave to me the lender. That's what Abai says. "Rava who I circled, Amar," says differently. "Oh no, chamisha mafkinaminae. The rabbinical authorities will see his way all five measures of wheat, demi kara, because initially, when they were paid back, the five of them, bituris ribisa, sai leaad, even though it was worth more than the ribis oat, it was paid as a lump sum of five units, and therefore the entire five units get seized away." Period. Here's a second case. Vamara biye, circle the biye. Hyamandemosik arba zuzid ribisa bit kave. So let's say I have a claim of four zuz of interest that's owed to me by Bob. Viyohieve le glima biga vayu. And Bob instead gives me his jacket, and I'm fine with that. You know what I'll take that in lieu of the interest. Well, when the rabbinical authorities get involved to seize that jacket away from me, kimafkinaminae, arba mafkinaminae. They don't even take the jacket. They just take whatever the cash value of the interest that was supposed to be paid was. That's what they'll seize away from me. Glima, but the jacket, lo, mafkinaminae, the jacket almost look at is that, it's like a different deal. Since it was paid though in lieu of the interest, whatever the interest that was owed, was. That's what they seize away from me. Rava, who I circle, dhammar. No, the jacket was given to me in lieu of the interest. Therefore, glima mafkinaminae, they will seize away the jacket. My time. Oh, what's the reason? Kihei de lei limru. So that the typical person in my neighborhood won't say, "Huh! Look at Horowitz!" Wearing that glima demixi vikai, glima de rubisa, who, that jacket that he's wearing, that's the jacket that he collected. For interest, we really don't want that. And therefore, they'll actually seize away the jacket. Period. And here's the third case. Amar Rava, an underlying Rava's name, hai mandemosic tracer zuzi de rubisa bikavre. So let's say I have a claim of 12 zus of ribbiz against my friend. Let's call it, I gave my friend a big loan. I loaned him half a million dollars. And I said that he would have to pay me interest of $12,000. I have a claim of $12,000 for ribbiz against him. He owes me $12,000 for the interest. The agar lei hotzer. And there's going to be a rental agreement of, the hotzer is a courtyard, let's just say an apartment, demiskara basara. Let's say there is a apartment there for the year would rent for $10,000. You're nearly a bit tracer. And he rents it to him for $12,000. Okay, so I'm supposed to get $12,000 interest. It's really illegal. But he rents to me a apartment that would normally rent for $10,000 for $12,000. That's what I'm getting. It's like it's all gain. It's illicit gain. It's us or gain. But it's all gain. I said, you know what? Yeah, I'll take that apartment that would normally run for $12,000. $10,000. I'll have it in lieu of the $12,000. You owe me in the interest. Now, we know there've been authorities will get involved and they'll see something away from me, kimafkinan mine when they seize away from me because that deal was an interest payment. Tracer maafkinan. They're interested in the apartment. They're actually going to seize away $12,000 from me because true, we gave me something else. But he gave me that in lieu of the $12,000. Period. I'm going to talk to me about 50, la ravina. So I'll talk to you commenting on this case as to ravina. Well, one second. Vilema lei. Let the mauva. The lenders say it. Well, one second. I was willing to take the guy's place in lieu of the $12,000 because you owed me $10,000 in interest. But now that I had to pay the entire interest, in other words, I already paid the $12,000 key agra hachri when I made the original arrangement. Dajave ka misterchili was basically very profitable to me. It was all profit. It was basically all interest. However, now that I had to pay up the $12, hachri deli misterchili, now that it's not really worth to me since I'm basically forced to reimburse for the entire amount of the interest. Kid agri kali al mohud agarna. Listen, I'm willing to take this place still, but I ain't going to pay $12,000 for it. I'm only going to pay $10,000. Literally, like most people would rent this place for that, so that I'm really going to rent it for. Is he entitled to a instead of paying, oh, in $12,000, he could pay $10,000? Well, no, we can't be shhummed to Amalay, because the lova can say back, I ain't going to take any less than $12. Savers, the kablus, you agreed to it, you considered it, you thought about it, and you accepted it, and got a follow-through. So as the Mishnah, if I am renting something to you, I can have a sort of arrangement where if you're going to pay later, you'll pay more than if you pay now, whereas if I'm selling something to you, I cannot have an arrangement where you're going to pay later and pay more. So, Keitzat, how so, how would this play out? Hiskir, underlying hiskir. Let's say I am renting Eschatsayre, I'm renting out my courtyard to somebody, Vahmarloy, and I say to him, all right, Bob, you're going to be renting my courtyard for a certain period of time. Iman Asha, Vahtan, now, you samely, if you want to pay it all up front, let's say rental for the year. Harei hula Khabet, Esher, Sloyam Lachana. I'll give it to you for $10,000 for the year, pay me the $10,000, you got the place for a year. Kamavim shal khaydish, bhaydish, if you want to pay month by month, Selah khaydish, and it's a Selah a year, which comes out to $12, Selah, that's actually mucher, that is permissible, and we'll see why in the Gomara. Mehr, as opposed to a sale, I understand the word machar. machalay, Esher, let's say I'm selling Bob a field. Vahmarloy, and I say to Bob, but listen, Bob, Iman Asha, Vahtan, no, you samely, if you're paying for the field right now, harei hula Khabet, Elavizuz, a thousand zuz, pay me right now, it's yours. Iman asha, Iman, if you want to wait, you'll take the field now, you'll wait to pay me until the harvest season, where you could sort of sell the produce of the field, bhish namasar mana, if it's a thousand now, you have to pay $1,200 in whenever the season is, whenever you're able to sell the produce of that field, it could be three months, it could be six months, that would be Asha, because that's in the context of a sale, pay now, pay a thousand, pay later, pay $1,200, that's Asha. Okay, they seem quite similar, so look at myshna ratio, myshna safea, what's the distinction that we make that in, if you're renting it in the ratio, it's permissible, but if you're selling something in the safe of the mission, it's Asha. Well, Roba Reviysidamitravayu, they explain, colon, we're going to now see the difference between Skirus, underlying Skirus, and two, four, six lines later, first, one line is Gabay, and aligned Safa, the later part, which we're talking about, a sale. So here we go, Skirus when it comes to a rental, the basic understanding of a rental is you pay at the end, not at the beginning, and therefore Skirus, since Anamisho Lemma Sela Bissai, if it's only owed at the end, the high, in this scenario that we presented in the mission, Kavan de Lemma Tazmane, Lemigva, since at the beginning of the rental agreement, that's not the time to pay yet. We don't view it as, he has to pay more if he pays later, we'd rather view it as, he gets a discount if he's paying up front. La Vaga Natsalay, the additional amount that he's paying, if he pays at the end, is not considered, interest. Mishvahudaharshavya, rather it's viewed as, that's what it's actually worth. So how come if he's pre-paying, he's paying less, the Haidakamalay, and that which the person said to him, the one who wants to rent his hot sir, he said, here's a quote from the Mishnah, line and half, it put right angles in. Ima alkshavat, so now you suddenly listen, if you want to pay the whole rental up front, this, at the beginning of the year, Harai hula ha, it's yours for Essar Slime Lishana, you don't have to pay a total of 12 seller by the end of the year, you'd have to pay me up front, but only 10 seller, that's viewed as Ozulihudakamozugabe, it's simply a discount for pre-paying, and that's totally fine, there's no problem with giving somebody a discount for pre-paying. Safo, which I underlined, however, in the case of a sale, the standard understanding of a sale is you got to pay up front, you got to pay for it, you're getting it, it's not like it's not yours, you're just renting it, you're getting it, therefore you're supposed to pay up front, cave-end is veening in the sense it's a sale, oh boy, let me show you what I'm saying, the way a sale usually works is at the time the sale takes place, the person pays for it, hilkach, therefore, if at the time the sale takes place, it's one price, and it's a greater price, at some point in the future, that, at some point in the future, either not to lay as viewed as interest to, but also to be forbidden, period. Amar rava, dakuba rabhanan, the rabbis sort of searched for Baham mil sai, looking for a source that when it comes to renting something, the rental fee is really only due at the end of each period, and they actually found a positive for ukumu akra, and they were able to rely or support that concept on this pasuk baikra, kraf, hay, pasuk nun, gimul, and the pasuk says, kesakhir, shana, bi, shana, I could have just said kesakhir, shana, like, you know, for a year, but it said, shana, bi, shana, squiggle on on the bi, shana, the bi, shana is extra, which is essentially coming to at least hint to you, that squirish al-shana zu, the rental fee for this year, when is it due? In a mish-dalamez al-bishana, it's only paid at the beginning of the next year, meaning like at the end of this year, which is at least a hint to the concept that rent is due at the end of each rental period, whether those rental periods are week or month or year. We had said in the Mishnah that if somebody was selling another person the field, and he said, listen, if you pay me now, it's a thousand zu's, if you pay me in six months after you've had a harvest, it's 1200 zu's, that was usr. And here is the quote from the Mishnah of Imligayrin, if you pay me once you had the harvesting season, literally the threshing of the rain, bishnaima sermana, that would be usr. Amurav nachman, a circle of nachman, two lines later, a little bit later in the line, a circle of papa, and three, four lines below that, a little bit earlier in the line, a circle of ramu. We're going to have three, Amuraim, Ravnachman, Ravpapan, Ravhama, Ravhama, who are all going to explain that Tarsha is okay. The first one of nachman says, Tarsha is permissible, skip down to the line, Japapa says, Tarsha D.D. My type of Tarsha is permissible, and Ravhama, one line from the bottom says, Tarsha D.D. Vadai Shari, for sure, my Tarsha is permissible. What is Tarsha? So, Rashi says, let's go into the Rashi's, if you skip up about 15, slide over to the Rashi, you go up about 15 lines in the middle line, there's a D.M. Raskal, Tarsha Shari. So, what's Tarsha? Limcorschreira, to sell merchandise, behamtana, to wait to be paid, bhiyois vedamea. So, you have merchandise, you're not going to get paid now, you sell it, and you wait to be paid, and you're going to take more. Oobil Vadshale, farashale. The main thing here is that you don't speak out as part of the agreement. Imakshavare, who look up the pakos, I could get paid now, you get it for less. Ella, yimburstam, you just sell it, the kafakah, lea imponi. So, I'm selling you this item, and you'll pay me in six months, and you'll pay me $500. And sometimes you don't mention that if he paid right now, it'd be $400. That is permissible. Okay, at least that's what Avnachman says. Let's go back to the Gomorrah. Amravnachman, tarsha shari. Really, it says the Gomorrah, ais fai rahmimbarhamah, rahmimbarhamah, questions rahmimbar. Those who say rahmimbarhamah questions rahmimbarhamah, from our Mishnah. Here's a quote from our Mishnah, it goes to the first word on the next line. The imlagurim, Mishnah name us Armanah, Asar. And the Mishnah said, "Well, and if you pay me once the field has produced, it would be $1,200 instead of $1,200 instead of $1,000. That would be forbidden." So that sounds like this is Asar. Amralayis is Bakar of Nachman. Whoever was a questioned him was a big difference. Haasam, look at the Mishnah, Khatslei. That's where he said specifically, "If you pay me now, it's $1,000. If you pay me, you know, six months, then it's $1,200. So since he spoke it out, that, that, he agrees. Asar, hahah. Aar of Nachman is just though that he was talking about, like Rashi explained, it's low Khatslei. He didn't mention anything about the price now. He just said he saw them in the item. He'll pay in six months. And that's the price. And that would be allowed, at least according to Ravnachman. Amralapapa. We had circular Rapapa. Rapapa says, "Tarsha, D.D. Shari. My Tarsha is permissible. We know Rapapa used to be a beer producer. He would sell his beer. He would often sell it during the cheap season. There were different seasons in beer. Let's say in September, he would sell it, charging people the April price, which is much more expensive, but they don't have to pay it until April." Okay. And he says, "Permissible. My time. Oh, what's the reason?" explains Rapapa. "Shikrai lai posis. This is my beer is good. It doesn't get lost. If you have it now, it's good. If you, you know, have it in six months, it's good. It won't get ruined." Zuzilai, Zuzilai, also says Rapapa. Very wealthy man. I think I don't need the money. Anu who de Kavidna Milsa, it's actually me who's doing an issuer. It will say maybe a favor, Gabi Lukak, for the purchaser that he can wait to pay me. And it'll pay me whatever the price would be at the time he pays me. Period. Amralai underlying Rifshasprader of Eddie. So if Shasprader of Eddie says to Rapapa, "Well, that's wonderful looking at it from your perspective, Mr. Rapapa. However, my hazy mar, why do you see fit, oh, sir, de ka'azsles buser de dock?" Right, from your perspective, it's not interest, but there's somebody who's paying. And if he paid now, he'd pay less. And if he pays later, he's paying more. From his perspective, why is he not paying now? He doesn't have the money. Zill buser de two. Why don't you look at it from the perspective of the purchasers of your beer. Do you have a little Zuzi if they had cash money to pay now? I'll have a shockly cash to. They would pay now and get the cheaper current tish-ray price. Current September price. Hashta de less luzuzi. Why are they not doing that? Because they don't have the cash now. Shockly, can you quit de la kame? They're willing to take it, even though they'll be paying more in six months' time. Kama. Amralai kama is the third one here we had circled. He says, "Tarsha dee di vadai shari. My tarsha is, for sure, allowed." Let's see where Kama's tarsha is. We'll slide across into the rashi. That six lines up says rashi. We're going to read this last eight line rashi inside. Amralai kama tarsha dee di di vadai shari. For sure, my tarsha is permissible. What was Kama? He was a mai ke pragmati hai hai hai. He sold stuff, merchandise. Mai ke bimakama zol. He would sell it in a place that it was less expensive, but he would charge the people purchasing it. Kesharshu, nimgarbimakama yukir, the higher price that it sells for in the more expensive place. Ummantin lahannen, he would wait. He wouldn't take payment right away. The hain malin ausai le makama yukir. Those people would go to the place that it's more expensive and sell it there for the more expensive price. Vehu me kabala bakrais der bahalika, and he, rafkama, took all responsibility as this merchandise was transported to this other more expensive place. Valakuhais, now the purchasers. What are they gaining from this? Mistakrimbipagmatrya shalaykrimsham. So they would get a cash payment for this thing, and then they would buy a whole bunch of merchandise in that place over there, bimakawisav, with the money that they got from the sale, Ummantin lahannen, they would bring it here, the merchandise, and then sell it for also a bit of a profit, vakrais hahazara lei, and the responsibility of what happens to the stuff they're bringing back is totally on them. The kaibala lei makabala yu'a krayas, since, in an accepted form of Mistakr hahaz, the, uh, on the way there, lo hafiyam al-vigabai wasn't considered alone by them, odd until shalaykrimsham, named Karas, until the stuff was sold in the more expensive place for haimakabana maiis. So he gave it to them here, here it was sold for $800. They took it there, they sold it for a thousand dollars, when they get back they're gonna give him the thousand dollars. The uyasan hahamma yasanasin alayim, Malvid, basically became alone at the time they sold it, so they sold it, they became alone for a thousand dollars, but in kandrib is, there's no ribbiz, because they basically sold it for a thousand, they're giving it back a thousand, and the benefit to them is that thousand and cash, they could buy stuff and sell it locally for $1,200. Perfect, that's, uh, let's go back into the komorrah. Cesarofhama tarsha di di vadai shari, my time, what's the reason? Nihala hu, it's actually desirable to the, uh, the middlemen that we just discussed, de laikubirishusi, that it should stay in my rishus, that merchandise, until they get it to the place they're gonna sell it. Here's another reason, says the komorrah, de jalhecha de ka'azli, wherever they go to try to sell it, since it's still my stuff, Cesarofhama, shavkylohumixa unakalu shukatou, great benefits. Number one, items which are owned by a tamed khakhamma at certain times and places were actually exempted from having to pay any tax, so they wouldn't have to pay tax on it. And also, Nikkai lohushukalay, make an announcement, all right, nobody allowed to sell this particular item, because, uh, there's, uh, Ravhama's got that item and, and I mean, both of those are huge benefits. The komorrah concludes with three hilkhasas, and what this will conclude, Amwar alif, I marked the chilkhasa with the hilkhasa marking. First of all, hilkhasa kiravhama, that was the third of the three approaches that we just saw, as far as tarsha, so the hilkhas like that. The hilkhasa, like Rebi el-Lazar, Reba-Lazar was the one who had said, um, a few dafago that ribous kitsutsa, the rabbinical authorities, will actually get involved and seize it away from a lender who collected it, and the third hilkhasa, hilkhasaikur of jnai, what do I have jnai say, uh, back a few dafago, malihain, malihain, that in certain transactions, it doesn't make a difference if you give the produce itself, which is worth more. We had the wheat that was bought for a hundred, and by the time it's given, it's worth a hundred and twenty, so you can give the wheat paid a hundred for it now, give the wheat that's worth a hundred twenty in a month later, malihain, umali-damein, and he can even pay a hundred and twenty in cash. Adkhan.