Gemara Markings Daf Yomi
Bava Metzia 65b
Samacham had bazed in the third line at the new Mishnah. "Makhalayasasada," let's say, "I sold somebody's field. Vanessa Leimik says Domim," and that person will call him Bob, "gave me part of the money." Let's say I sold him a field for $1,000, he gave me $500. "V'amarloni," says to him, "a masa shittirse, heve moi svetulla shikha." I say, "Listen, Bob, whatever you want, bring the rest of the money and take what's yours." That would be user, and the reason it would be user is because we're going to basically assume that he was paid the down payment and the field was purchased from right now, and therefore, when I say bring the money, if he brings it in, let's say a month from now and pays, I mean, well, I've been eating the payrolls the whole time in that middle of the month. I've been paying the full payment in the field, so for waiting for the money or the rest of money in the field, I've been getting the benefit of the payrolls as ribbess, and that would be the problem. Hillevei al-Sadehu, let's say, lent him, a person lent somebody else money, based on a field that he owns, "V'amarloni," and says to him, "Let's say I lent Bob $100,000, and it's connected to the field, and I say, 'Hey, listen, Bob, I'm Iata noi sinli.' If you don't pay me back, the $100,000 mikanad cholishanam, you have three years, but if you don't pay back from right now and three years past, hare he shalli," that field is "bye, well, if three years come and go, hare he shalli." It would be my field if he didn't pay back, the hare hai abysus bin zainen, the hare hai abysus bin zainen. Oh, you said that's the way that this particular gentleman, Biasus, would act. I'll be humming, based on the rabbinical authorities. Okay, asks the Gomara a great question. Let's say I sold a field, and I took part of the money. In the interim, who eats the payrolls from that field, who gets the benefit of the rental checks? Me a jalpereus. Mahokas rifuna ravanan, rifuna who we underlined them are mai jalpereus. Ravanan who we underlined them are mai jalpereus. Rifuna says that it's the seller who would consume the payreus, well, we'll see as the Gomara goes on explaining why that is, and Ravanan says no, we actually make like a sort of trust account, have a third party, and base that third party, wait to see if the transaction is completed and it happens, then it goes to the locale of the payreus, and if not, it goes back to the seller, Villai Plegi, the more now notes, though, that actually Rifuna and Ravanan are not arguing, they're talking about two separate cases. Ha, da Amar, rifuna would said the mai jalpere is the one who in the interim consumes the payreus, that's where he had said to him, l'chymysus, kani, okay, you know why? Because part of the deal was specified that when you bring the remainder of the money, then and only the annual you acquire it, so of course the payreus of the mokas up until that happens, whereas ha, rifanan who said we sort of find a believable third party and have him hold on to it for the time being until we see what happens, ha, da Amar, it's where, and this is the case of the Mishnah, where it's almost like Bedi Evady said, l'chymysus, kani maakshav, when you bring the rest of the money, it will be yours from the initial time that you pay the down payment, period. Tanya of Saffra, be ribbous, bebirah, bebirah, the following, oh, both three line brice up, it's gonna be four cases, we'll number maf, one to four, number one, palmim, there are certain circumstances, shneem mutarem, that both of them would be mutter, mutter permissible, we'll explain each case by the way when we get to the camara, palmim, and there are times case two, shneem asun, with the both asar, and case three, palmisham, l'chymysam, l'chymysam, l'chymysam, l'chymysam, l'chymysam, l'chymysam, we have some sort of arrangement between Celona buyer, and there is an orchard, or field, and there's peros, who is entitled to the peros, either both of them are, or neither of them are, or sometimes just a mocha, or sometimes just a l'chymysam, now that was the brice, that's the end of the brice, and rava, the amara basically says that he'll explain, give an example of each case. Ani rava basre, rava kind of piped up after that price was said, and explained, and now we'll list a number of them off, one to four, the first case, which was where both of them are, mutter, keep the peros, like when is that, well palmishisham, mutterin, d'amar lei, it's where the seller said to the purchaser, "Kani kashir zuze, you know what, you can acquire the field, it's a $100,000 field, you pay $50,000 half of it, so you get half of the field, and the rest of the field, that'll be mine, when you bring the money for the rest of the field, it'll be yours." So the guy who purchased eats the peros of the field that he's entitled to, let's call the 50%, and the seller eats the rest. Case number two, palmishisham, asura, there are times where both of them are to eat the peros, d'amar lei, what would be an example of that, that's where he said the seller said to the buyer, quote, four words, "Lukri mais is kani maakshiv," when you do bring the money, it's yours, all of it, from right now. And we'd explained already why there's a possibility it could be a problem for either one of them, and therefore neither of them, that's the peros, we might give it to a schlish, and let that schlish hold on to it, comma, case number three, where you have palmisham, the mocha is much would have the peros, but not the loi ke'ah, why is the seller allowed to have it, d'amar lei, well, that's a case where the seller said to the buyer of this, let's say, this orange grove, three word, quote, "Lukri mais is kani," when you bring the money and only when you bring all of the money, then you'll get the field, which sounds like until all money is paid up, it's totally the mocha, and that's why the mocha would be mocha to the peros, comma, and finally case four, palmim, shalli ke'ah, mocha, mocha, that's the purchaser is the only one who's mocha, what is that case, d'amar lei, that's when he had said specifically, kani mais ach shav, all right, listen, give me all the money, part of the money, whatever it is, you are getting the field, like right now, vis-zuzai, la havi hava ga bachan, whatever the money that you owe me for it is, it's not part of the sale, the sale is definitely going to be effective, the money you owe me as a separate loan, we'll kind of set it up as a loan, and indeed then in that case, the location of the purchaser is totally much in the peros, because it's all his peros without any, and even if the loan is defaulted on it, it doesn't take away from the field, period. Montana, I put a diamond around this word, or I guess he's words, montana, two, four, five lines later, last one, a line is montana, put a diamond around that word, mont, and then two, four, six lines below that, right after the two dots is another montana, I would put a diamond around that, I'd mark all those three months, so we want to know, and actually it means it's going to follow a very similar pattern, in our price that we had about eight lines ago, the second possibility was that actually both of them are us, or now, who would be the opinion who would say that they could both be us, or montana, that in case number two, chemo surin, well, I'm going to put a radio review shoe, we can tell you who would not be like, would not be like, look, look, review, do you review, if it was him, ha-ammar, he's the one, and we've seen this recently, and we'll see it again, review, his opinion is sad echad baribis mutter, any sort of deal where there might be some sort of payment that would be an interest type payment, at the same time there might not be, then it is much because there's only one possibility where there'd be interest, and interest is only interest if it absolutely has to be paid under all circumstances. Okay, now we have a, almost a three-line brisa, let's say you have somebody borrowed money, the one who borrowed money, the Lava, Moshkin, as a bias, he pledged his house to the Malva, or Moshkin le Sada, his field, ve-ammar loy, the Malva says to the Lava, you know what, kashiatirce le muy kram, leitim kram, ella lee, and you want to, in the future, if you want to, that is, sell your field here, you wouldn't mean to sell it only to me, bid-damn, ha-la-lu, for this particular sum, and that particular sum might be a little bit less, Rashi says, than the going rate for that type of field, that would be osser, whereas Bishofian, if the stipulation he wants to make is that he wants to be able to buy the field, for whatever it's objectively worth, then it would be mutter. Once again, they might ask, well, who is the tenaic opinion behind Montana, that three words and right angles bid-damn, ha-la-lu, is osser, who would that be, oh, well, I'll tell you what's not, amor of hoonah, brader of yoshua, de lo, it's not like a bhudah, because bhudah is the opinion, the bhudah, he's the one who holds Sada, ha-der of yibis, is actually mutter. In this case, also, maybe it'll never come to rib-is, because he'll never have to sell these things and pay up the loan. Third Bracer goes for about two and a half lines and starts here. Hahlaibayis or makhalayasada, you have, a person would say, me, I sold a house or sold a field, the amor loy, and said, now this is the seller who's saying it, la caschia-li-maus, I'm selling it, when I have money, you'll return it to me, right? That would be osser, because then it turns out it's not really a sale. isn't like you return it, it must be that it is a alone and that is us or because that would be interest on a row on a loan. However, if it's the the lokea who is saying, "Lecchia le chamois," listen, I'm buying this thing now, but when you have money, "Achia le chamois," so "Lecchia le chamois," actually my return, I guess, the house or the field to you, that would be mucher. Let's see how this makes source end for a third and last time. The one wants to know, you can see why there's a series here, who would be the genetic opinion behind this brisamravuta, braderivoshua, delo caribhuta. It's not like him. The irubhudam is what's there. One final issue, which we'll tie up before we pause, mysna ratio, mysna safea. Why the distinctions in the ratio and why the distinction in the safea? So like white, white different cases and amarava, he explains. I'll tell you why the ratio, it would be osser and in the safea would be mutter. Safa da amalay, you know what's going on in the safea, white spitzer? Because he said to him, "Me dotte," in other words, he's going to consider returning it and depending on his desire, whether he wants to or not want to, at that time, that's what's going to decide things. In other words, there's no binding agreement to return the property and that's why in the safea it would be what's AdCon.