Archive.fm

Gemara Markings Daf Yomi

Bava Metzia 74

Duration:
22m
Broadcast on:
12 May 2024
Audio Format:
other

Ayindalade, Amudala from the first line, Amarava, honeybaet's lassa, there was a group of three people. De ya havuzuzi, they all gave Bani le Chadd to some other guy. Lemispa and Lehumidhi to purchase something for them. They're basically hiring this guy, I don't know, they all gave him money and he's supposed to buy it. Vezavan le Chaddminayu, and he bought for one of them, Zavan le Kulu, well he's bought for all of them and they basically split it three ways. The lei Amud, they're going to qualify this however and says that's only a la de l'o Sarvahasam inish le Houde, where each person didn't give a separate package with a seal, with like Bob and Jim and Steve, that's only where they didn't give, let's say individual envelopes, each one with their name on it, of al Sarvahasam, literally if it was bound and sealed inish le Houde, each person separately, then whosoever money he used, Lemondes Zavan, Zavan, that's where he's purchased it, for Lemondalay Zavan, who he hasn't money, he hasn't used their money, he hasn't bought it for them, period. Amra popimish made a rava high, see Tumta, see Tumta, the way Rashi explains this, it used to be the people, let's say Yondas shop and you would sell Yondas store and you would sell wine. So you would go at a certain point to the wine wholesaler and he would have let's say 5 or 10 or 15 barrels and he would put like a little sticker on them or a seal that you would bought them, but you're not going to transport them to where you are yet. That's see Tumta, that putting the seal on Kanya, even though it's not officially like one of the recognized ways of making a Kenyan, it would be effective to be Kona, okay, to what ends as the Camarlamayil Hassan, well, Rava Viva, we underline Amra, the Mikanya mama should actually would really work as a full fledged Kenyan can't back out. Rava knew we underline Amra, it's not that far, but if either side backs out, the Khabouli Alemi Shipara, that there'd be a misha-para curse if one of the two sides decides to back out. The Hilchasat al-Akhlamayis is the Khabouli Alemi Shipara, that it's limited to getting a misha-para of either side backs out and here I double underline and this is one of the, maybe the single most important source for various customs of transactions at different times, different places, uba asra to Nehegi lemikni mamaish kannu, in a place where the practice there is that that would be a full fledged Kenyan, then it would be a full fledged Kenyan, which means that if you're in a particular time or place where a handshake is a full fledged Kenyan, it seems like that's the case here also. Says the Mishnah, Haya Hu to the Khaytsem, okay, so we said if most of the people don't have yet their, let's say their wheat, but you were the first one to harvest and you do have some wheat, you could enter into a forward contract. Mahlokasravan Shmul, now, Amarav, I circled his name, Makhusrstain Paisig, Sholishain of Paisig. If there's still two stages to process the wheat to get it to its finished, I guess you would buy it as wheat ready to be made into bread, if it's missing two stages, then you can enter into a forward contract, but three or more stages, no, or Shmul, who we circled Amar, well, it really depends on who has to do those stages. If they, all are things that have to be done by a person, be they Adam, Afilumea Paisig, even if it's missing like a hundred stages, you can enter into a forward contract, be dei shamayim, but if it's something that you require sort of heavenly assistance, An Afilu Akhas, Anapaisig, even if it's only one of those left, you cannot enter into a forward contract. No, what we're going to do now is we're going to go over the various cases in our Mishnah and see each one of them now in light of Ravan Shmul, it's not, I put a triangle on this to none here, four lines later, last word on the line is Vaal, I put a triangle around that word, five lines later, last word on the line is Shell, in the middle of the line it says Vaal, I put a triangle on that, Vaal, four lines later, right after the two dots, there's another Vaal, I put a triangle around that, add four lines later, another Vaal, I put a triangle around that. So we're according to different parts of our Mishnah, here we go. The Mishnah had said that if you have a person and he's got his, let's see, he's wheat harvested early, then a potential customer can enter into a forward contract for that wheat paisigimay al-ha-ga-dish, and it seems like right now though it's an a pile of wheat kernels, or wheat grains maybe, Vaal, the Gomorra, so one second, isn't this lacking, and we're going to number off the number of steps that still have to be done to get it to its finished product, Maghusser, number one, Mishnah Bhakamma miyavesh to leave it out in the sun to dry, which I guess would probably be spread out more and dried out, number two, Ulamay, Dashan and two Threshan, and number three, Ula, Midra, and then to like Zara to winnow it. So there's three steps left, a question on Rav, well, the Gomorra answer is going to Shandah Bhakamma miyavesh, it was already put out in the sun to dry, Kama, okay, well Leshwoldamar Bidei Shamayim, that if there's something that you need like the elements or nature to help you out with, Afiloah Khasein and Paisig, if there's even one of those steps left to go, you cannot enter into a forward contract, what about this case, Vaal Makhusser, Midra, you're missing the winnowing and the standard way of doing winnowing is you throw this stuff up when there's a five to ten mile power win to Bidei Shamayimay, you need the wind to help you out there, wind blows all the shaft away, the kernels, the grains fall down to the ground, that's what you do, well, isn't that something that requires mother nature's assistance, and she's looking more yell, usually it doesn't as much easier that way, but there is another way to do it even without that, F-sharp enough of Asa could simply be done with a sieve even if there's no wind whatsoever. The mission continued when it came to grapes that are going to be made into wine and said that Allah, Avic, inshaAllah, if the grapes are in like all gathered together in the large receptacle, then that would be a stage you can enter into a forward contract, Asaq's the Gamarvaha, Maqhusser, but wait, isn't it still lacking, and here's four steps that it's lacking, number one, Maqhamir is putting it all into the same clean, it sort of naturally heats up a little bit and maybe ripens a little bit further, number two, Yululah Beimad start to bring it into the press area, number three, Lemaita, she's actually squishing it, and number four, Le Minh God, which is to draw the wine from like the large receptacle into the individual barrels, so four steps are left, well, not a problem, because Qedetani Rahkiya, like Rahkiya says a little bit later when we're talking about olives, that it's already Al-Aqomer Shel Zeissim, that it's already sort of piled up and that commercial Zeissim, well then Haqha, not many suits over here, but the grapes and the wine that you're trying to get from Al-Aqomer Shel Anavim, well, it's been piled up already, okay, well then how many steps do you still have to go, the Haqhamir Khashogg, you still have three left to go, well, not really, because the particular place that we're discussing here is Basra Da'hu Dizovin, who didn't, I'll give, the one who purchases it, he doesn't purchase it like already into barrels, but rather he himself is the one who oversees it being drawn from the large vat into the individual barrels, so there's only two steps left. Next part of the mission was by Al-Aqsa, Al-Aqhamir Al-Aqhamim, Al-Aqsa Zeissim, it's missing four steps though, Bahama Khusra, number one, Maqhaamir, Pa'alamamam ball together in the big container, Eululebe Dapi taking it to the press area, number three, Le Maydash, actually smooshing it in number four, Le Mignad, to elite it from the large receptacles of the individual receptacles, so Tanya Repria, and this is where Repria taught it, we saw this four lines ago, that, isn't there four steps, most of you can only have two or less steps to go, well, because in this case, Al-Aqhamir Shel Zeissim, I put that in a box, that's say, it's an exhaust top by Repria, and it's because it's already been piled above, you could clasp, but there's still three steps left to go, well, so to hear by the oil, just like by the wine we saw a few lines ago, but Azra, the place is Dauhudhizovin, who did nugget, the one who purchases the oil, is the one who draws the oil from the large receptacle, into the individual receptacles. The mission continues, Al-Aqsa Zeissim, we're talking about like, it may seem it's probably because it's shaped like an egg, maybe a little like a dinosaur egg, a big egg, but it's a big chunk of clay, that the potter will turn into something, so the Gomorra asshole one second, how can you enter into a four contract at that point? Ama'iva ha'ma Khusar, we have actually like five steps to go, we have the La Fufi, which is the shaping it into something, the Yevushi, the drying it out, the Iulele, Attuna, the putting it into the hot oven, the Mistraff, then you have to leave it in the oven for a while, and burn it, and then Ulele, Mayfak, and then to take it out. So five steps are missing, well, and there's the Gomorra, not a problem, because going to Malafafavi, it's already pre, like if it's going to be a bowl, a chip, like a bowl, if it's a cup, it's going to be a chip, a cup, and it's already dried. Okay, so you've taken care of some of the steps, but you still have three to go, Vahika Tlaas, question mark, well, no problem, because Vastra, who does oven, who did mofik? You know what happens over here, this particular place, the person who purchases, let's say the bowl, is the one who removes it from the very hot oven. So there were only two steps left to go. The last section we're going to bring from our Mishnah, in the Sogiers, a Valaasid, Misha, Yishka and Ubikibshan, and on the lime, the plaster, what has been sunk into the tibshan, into the furnace. Vahama Khusr, but we may have three things here that are left to do. Number one is the Mikla, the burning of it, number two is the Afuki, the removing of it, and number three, it has Tlaasid, it has the main, now, because the pulverizing it, the squashing it, the crushing it, that's three steps. Well, not a problem, because this particular place is an astra, this is a place to how who does oven, who D.A., that person who buys the Sid, is the one who crushes it. Ulushmul, well, according to Shmul Damar, B.D. Adam, Afilo Maia, if there's even a hundred steps left to go, you can enter into a four contract, why did the mission require that it already be sunk into the Kivshan? Lamalilah, Misha, Yishka, and Ubikibshan, why not, like, at an earlier stage? So a little bit more sense, indeed, that's what it means in the Mishnah. Ema, it could even be an earlier stage, but it has to at least be Ra'ui, Lishakkui, Kivshan, I squeal underline the word Ra'ui, it has to be fitting to be sunk in, in other words, it can't be that you have to go and mine the Sid from, you know, your backyard, Sid, mine, you have to at least have the chunks ready to go. The Mishnah said, "Valla baizim shiyojit sir." Tana wa baranam, we have a brisah, starts here, it goes for just over four lines. Ain't place gonna allow baizim shiyojit sir, you would not be able, you would not be allowed to enter into a four contract with a potter for pots or bowls or things. If the chunks of clay are there, Adshih, Yasu, until they're basically done, David, or Marybox, or Mayor, Amara Biosviosviosviosviosv, he comes to qualify that, he says, but many more and more, and where is it that he has to have, like, ready to go? That is, if it's made with a, we'll say, a more, a rarer type of earth, a for love on, like, a white type of earth which would make a nice, light, white sort of utensil. A for shahor, if we're talking about, let's say, like, a dark earth that's used, kegoy, for instance, the type found in "kfar khananya," "bechavreisan," "it's suburbs," or "kfar shikren," "bechavreisan," "it's suburbs," "poyskin," then you could enter into a four contract because, like, everybody has a supply of that type of dirt off of a bishin leze, "yay-shleze," that's the end of the Tanaic source. Amemar, who I circled, "yay-suzimimimimimai-li-afra," he gave money for a four contract for these utensils, that are going to be, um, rather than wear utensils, uh, once the dirt was, um, brought in and piled up. Now, who's he going like that? That is the stage that he would enter into the foreign contract? "Kimon, colin," we have two opinions up above. "Ei squigglin' on the war, ikarebi mayor," "re mayor said," you can't enter into a four contract until the, like, the k-limmer actually made, "a-chiyasu." "On the other hand, kama, ikai squigglin' on the war, ikarebi josi," ha-amarbi josi had said, "afopi-shayim leze-yay-suzim," he said. The one who's going to be making this, pottery doesn't even have to have it because you could simply get the stuff from, uh, some other supplier. So, the Gamora, uh, explains la olam karebi josi. When Amemar was doing what he was doing, he was doing it, like, the Tanarbi josi, but, uh, straight down, Amemar and the explanation is, because in the place that Amemar lived, ashik afra. The afra was actually, uh, relatively expensive and not that common. "Ei," I, double, underline the word "e" and align later, I also double, underline the word "e." "Ei de ma'ali afra." So, if the dirt, which is relatively expensive, was already there and ready to go, samsratite, if you have lose uze, then he was relied on the fact that it would probably get done, and he paid the money, whereas, if not, kama lo samsratite, he wasn't so, uh, sure that the deal would actually go through. Said the Mishnah, paizi ima la zevel, kol yumay sashana, no, in the Mishnah, it seemed as though there were three opinions. The Tanaqama had said, "You need some manure, you could enter into a four contract, like, all year long, even though the person, uh, who you're entering into the contract with doesn't have." Rabiosa came along and said, "No, no, the person you enter into a four contract with has to have the manure ready to go." In the khachamem, they said it's mutter. Now, asks the gamora, then, khachamem, in the hanakamba. It seems like the third opinion is the first opinion. Like, it's mutter to enter into a four contract, even if the person doesn't have the manure. So, Amarava, he explains, uh, imaizaka shama mikabe nayu. The winter time is the iqabe nayu. The tanaqama would say, 365 days a year, you can enter into a four contract with anyone for manure. Rabiosa would say, "No, only if the person you're entering into the four contract with has manure right now." And the khachamem would say, "Well, you can get from others if it's the summer time, but the winter time where it's not really as available, it would not be the case." Amisha said, "Paisi ke mai ke shar ha gavaya." Uh, the last line in the mission was, "You could enter into a shar ha gavaya." I think we explained was the price that you get more stuff for the, uh, same amount of money. Here's a little story of who Garver there was once this guy, Diyo Yvesuzul in a dunya debate, Hamua. So he gave money to pay for, uh, the dowry, a man gets married to a woman. There's a dowry and he was paying for, uh, you know, whatever the standard package for a dowry was of, uh, de bechamua for his father-in-law. The south zalna dunya. So maybe he did it six months earlier before the wedding and now we're, uh, you know, right before the wedding and the price of, of those items actually went down. Okay. So he paid the money ahead. You pay, let's say, $10,000. But by the time he comes to get the stuff for the nadunya, it's, would be, say, $9,000 for the package. So also the Kami, the case came to Rupapa. I struggled with Rupapa. Amalayana Rupapa responded, "Well, Ipa sasi mai ke shar ha gavaya." If let's, you know, look at the original deal. If the original deal was that the one who was paying the money at that time would get a lower price. If the price went down, then shaklika hashti gets the current lower price. However, elo, if that wasn't, uh, stipulated explicitly, shaklika mai kara, then he's got to get it at the previous price, which was, uh, a little bit more than it would be today. That's what Rupapa says. Amalayana, I struggled with Rupapa. And the Rupapa said Rupapa, "Well, one second, v loy pa sak shaklika mai kara." If he didn't make that specific, um, uh, condition, so he has to pay the more expensive price it was six months ago. What's he done after all? He's only paid money, mose ni nu, umose ni kanu. We know that money doesn't acquire. So when Rupapa heard that, he responded to the Rupapa. Now, no, you guys don't understand what I was talking about. Amalayana says Rupapa, "Ai nami." I wasn't talking about that the deal would be good or no good. I was talking more is somebody who backs out going to get a mii shapara curse. The kabu lai mii shapara kami na colon. "Ii squiggling on the wordi 'i pa sak shagavaya,' if they had made an arrangement that if the price would go down, he'd get the lower price. Mocha ka ha darbe, and the seller's backing out because he's getting less now. Mikabu lai mocha mii shapara than that seller. He can back out, but he's going to get a big curse from the rabbis. "Ii ai squiggling on this wordi 'i loyi pa sak,' if they hadn't made that arrangement, and the low ka ha darbe, the purchaser wants to back out, then mikabu lai lokai aok mii shapara. It'll be the purchaser who will receive the mii shapara curse." Period. I'm only revealing Rupapa, a half box ravina, and a half box rupapa. Now Rupapa was the one who had stated his opinion on the fourth line. This question, I put a long question marking in the margin between the Gomaran Tysus from here down till first when a line is a tar r about eight lines later, and here's Rupapa. Umi mai dirabana. I put a diamond around the term rabana on three lines later, and the middle line is Rupshim, and I also put a diamond around Rupshim. So Rupina asked Rupapa, one second, how do we know that this discussion is within the rabana, he, deplegiali, they disagree with Rupshim, de amri, and the rabana are of the opinion that mostly kindness, when somebody pays money, that doesn't affect the acquisition, a philu ha'li, and therefore even know that that, even so that that's the case, Ipasak, I underline the term Ipasak. I'm also underline one line later Ileipasak. So Ipasak, if he had made a specific condition that he would get the lower price at the time that he's collecting it, let's say six months later, kashara gavaya, shakul kiddahashan, and he gets the new current lower price for what he was interested in purchasing. Ileipasak, and I underline the term Ileipasak, shakul kiddimikara, then he gets the higher original price of what the dowry would have cost at the time, and if he doesn't accept that, he's going to get a misha parra, who says maybe the whole discussion is within a different snake approach, rather, Dilma kirib shimun. He, we've had to have shimun a number of times, he's the one who says, oh no, on a Torah that maus is konos, you give money to someone for a deal, that clenches the deal, in which case, kama vikipasak, and one line below that, I underline low passak, bikipasak kishar gavaya, and if he made a condition that he would pay to lower price, if at the time he collected the stuff for the dowry, it was lower price, shakul kihash, he gets the now current cheaper rate, Ileipasak, and if he didn't make that arrangement, shakul mikari has to take it according to the more expensive previous rate, misha mikani lehuzuzi, and that would be because his money acquired for him, this is from shimun, it says to give money, it acquires avalarabanan, however according to the rabban and beng passak, then loi passak, either way, whether he came to a specific condition, that if it was cheaper at the time of collection, you get a cheaper, whether he didn't, shakul kihash, he gets the current cheaper price, did dite, didinish, a tarazila, in general, a person always has the mind frame that he wants to pay the lower price, that is the question, amalay, so says republic back to ravina, amor, I'll tell you, damarab shimun bekhad tarah, when rabshimun said his din, he was talking about when there was one basic price, like the price of whatever the things were in the dowry didn't change, betray tari miyamar, but did he say it when there were two, like in the case of our mission, where there were two different market prices, and not only that, but vilo tama hakih, if you don't say like that, then two word phrase, misha parah, the curse of amisha parah, bilay kihash, le rebi shimun, leis lei, then there would be no such thing as amisha parah, according to amisha mun for the purchase, or vakhi tama hakina, that's right, no such thing as a purchaser who back seconding amisha parah, well, that's just not the case, vatanya, we have a brice, interestingly, they don't bring the beginning of the brice, because the beginning of the brice is ama ripshimun, ripshimun says mikol mokaim kha kha lokha, that basically this is the ha lokha that based in cannot force him not to back out, so like if he wants to back out, he backs out, no no, I'm ripshim kha lokha, I'm a misha parah, however, the person who backs out will get a curse, well, my mikol mokaim, what do you mean mikol mokaim, question mark, kha lah, delish nal ke folish nal mokhe, mikah bilay misha parah, either the mokha or even the lokhe, kha lokhe, kha lokhe, kha lokhe, kha lokhe, kha lokhe, kha lokhe, kha lokhe, kha lokhe, kha lokhe, kha lokhe, kha lokhe, kha lokhe, kha lokhe, kha lokhe, kha lokhe, it must be that when ripshimun said his din up above, it was bekhad tara where the market price is essentially the same now as it was previously, however, kha lokhe, betray tari, if the marketplace has changed drastically, loyama ripshimun never said his din, period. ama le revah, bray de revah, bray de revah, shi, the tapuk lei, de shaliach, shavya, mikahra, why don't you just make the conclusion that there's no misha parah by the lokheach of a nidunya because he was basically a shaliach for his future father-in-law, another father-in-law wants to get the dowry that his daughter's been married off with and his future son-in-law is the one who's in charge of it, well he's not going to get the misha parah, ama lei, bitagra, desavana mazrin, well the reason is here because we're talking about a middleman who was not a shaliach to do that, it was he made an arrangement with his father-in-law to purchase the dowry, adkhan.