Gemara Markings Daf Yomi
Bava Metzia 82
Pay all of them on the bays, about seven months from the bottom, there's a two dots, quoting the Mishnah, hula veyolah moshgrin shaimer sakhar. So the Mishnah had said that if I lent money, I'm the malva to Bob, and Bob gave me a moshgrin, I became a shaimer sakhar on the moshgrin. Now what the sakhar is, maybe it's the skar mitzvah, like maybe Rashi said, but anyway, I became a shaimer sakhar, so I do have a level of responsibility that if something happens that moshgrin, I would be responsible, okay, that's the Mishnah. Should we say as the Khmer lima mashi sidilo karebi al-eizr, that our Mishnah is not like karebi al-eizr to Sanya, we'll see a price now goes just about four lines, and we'll see Rabbi al-eizr's opinion, and the question essentially is should we say that our Mishnah is not like Rabbi al-eizr. In the brice that starts here, hamal ves kaveri al-a moshgrin, that sounds like a very similar case. I lent money to Bob, Bob gave me a moshgrin, ves al-vlei al-moshgrin, and then I was not responsible, I lost the moshgrin that he gave me, Yishava vita amaisa. So then I can swear that I wasn't negligent, now squaring that I wasn't negligent if it was lost would have to make me a shaimer kareenam, vita amaisa, then I'm entitled to my whatever money I lent him, if I lent Bob a thousand dollars, I'm entitled to my thousand dollars back to Rabbi al-eizr, who we box, and that does not sound like our Mishnah, our Mishnah said, if I'm the one who lent out the money, and I got his moshgrinam, sakhar, this sounds like a Mishnah moshgrinam, where's Rabbi Akiva who we boxed in there, Yachal Leimar Loy. Oh, well one second, he can say to him, "Clume he'll be sunny al-al-a moshgrin." Bob can come back and say, "Listen, Horowitz, I borrowed money from you and gave you the moshgrin." If the moshgrinam, you tell me he's lost, well then your money's lost. Come, of all he'll value, el-ev-zuz, be shtar, right, double and one, be shtar, if, however, there was a documentation of this Lord of Lent, Bob, a thousand zuz, and it's in a document, Vihiniyah Loy moshgrinam, and then he let, he'll, why give a moshgrinam if it's already in a star? It must be Di Vrakol, Avana moshgrinam, if the moshgrinam gets lost, Avdumaisav, so to his money, in other words, money that would otherwise have even paid back, doesn't have to pay back, and that's lost. Okay, the bottom line, what we're looking for is the Mishnah said outright, our Mishnah, said that the Malva who's got this moshgrinam is a shtar, Rabbi Al-Azur says that Yishava, he will swear, even though it got lost, and that sounds like a shtar, I'm sure, should we say that a Mishnah is not like going according to Rabbi Al-Azur? The Gamura has three approaches to try to make it that we could say that a Mishnah is like Rabbi Al-Azur. The first is here, I put a number one in the margin and circled it on the first line of pay base, and what I'll have to put a two-A in the margin and circled it, and four lines later, first word on the line is de la tana, I put a two-B and circled it, so we're going to keep trying to make it, and by the way, we always prefer that the Stomish nice can go like everybody, so should we say that it's not like Rabbi Al-Azur says the Gamura line in half from the bottom, if you look to Rabbi Al-Azur, nope, our Mishnah can be even Rabbi Al-Azur, but like Kasha, there is no difficulty. Was the Mishnah giving over at the time of the loan, or only afterwards, Khan, the Bryce is talking about Shamash Khan-e-Bishah's halvah site? If the Mishnah is given at the time of the loan, that's not really so much viewed as the beginning of a payment, whereas, and this we'll see in conjure distinction to, Khan, the Mishnah is Shamash Khan-e-Shalay-Bishah's halvah, where he was a mamashqing in him that was not Bishah's halvah, what does that mean, borrowed the money, and then it's not paying back, so you go to the court, and it doesn't pay back in court, and then the court oversees the mashqing to be paid, that's certainly a mashqing which is much closer to being that which will have to be collected in lieu of the defaulted loan money, and therefore Khan Shamash Khan-e-Shalay-Bishah's halvah. The problem with saying like that, and making this distinction, one is the mashqing of the shah's halvah, one is not, the to make source we just read, as well as our mission, don't say that. Vahah-e-B-e-D, both of them describe the loan as being, here's three words at right angles, hil-ve-u al-hamashqing, hil-ve-al-hamashqing literally means the loan took place and the mashqing was given, meaning Bishah's halvah, like both of them imply that it was not afterwards, and like he's going to be a default maybe, it was at the time the loan, katani, el-asu-e-squiggler and the el-asu-gazas on to approach to a, el-a-la-kasha, say like this, Khan-shal-ve-u al-mose, Khan-shal-ve-u-pay-race, the brissa, where Rabbi Eliezer said, he's like a shaym-e-re-chinam, is where it was money that was lent, whereas the mishnah, where Rabbi Eliezer's looking at him like a shaym-re-sakhar, is shal-ve-u pay-race, and the benefit of lending somebody pay-race where you, the malva, is considered that you're a shaym-re-sakhar for the item that you're watching is because pay-ros, they'll go bad, they rot in a few days, and therefore it's actually a massive benefit for somebody who has certainly excess pay-ros to lend it out to somebody else, only to get returned, you know, weeks or months later, fresh ones. The problem with that is the Khan-shal-ne-dik-tani-safah, if you read the Safah of the Mishnah, here's a line and a half poet I put right angles in, that was the tonic comment that we've been dealing with, and then there was also Rabbi Yehudu, we box Rabbi Yehudu, Rabbi Yudu Eimir, colon. It depends, hu leo mawis, if you lent him money, then he's a shaym-re-sakhar, and he's the malva, kam-re hu leo pay-race, if you lent him a produce, then he's a shaym-re-sakhar. So Rabbi Yehudu is making that distinction, miklal, so the more the implication is the latana kam-re, that the earlier opinion, lo, shani lei, makes no distinction between pay-race and mawis, that is a bit of a problem, because we're trying to say that the tonic kam-re may precise that distinction. Well, and this is the approach now to be, the kam-re-says, kul-re-bhi-hudih, it actually can all be according to Rabbi Yehudu, which means we thought there's a tonic kam-re-bhi-hudu, no it's all-re-bhi-hudu-va kasoorimak-sar-an, there's a little bit lacking from the words of the Mishnah to help us understand, hu leo-cah-tani, and this is the way to understand the Mishnah, or that part of the Mishnah. It's a four-line re-reading, I put the right angles in, hil-vei-u-al-hah-mash-grain, if I lent Bob money, Bob gave me a mash-grain, I'm a shaym-re-sar on that mash-grain. In other words, there's a certain scar that I have in any of that mash-grain, med-vah-mourm, when is that shil-vei-u-pay-race, where that which I lent out was something that was perishable, that was going to go bad anyway, av-al-hil-vei-omos, if I lent him money, then, if you're using the mash-grain, I have to take care of it, but on a much lower level of liability responsibility as a shaym-re-china-m. Sh-re-re-b-y-u-hoo, don't we read it in, that it's actually re-b-y-u-do, says a shre-b-y-mourm, colon, hil-vei-omos, shaym-re-china-m, hil-vei-u-pay-race, shaym-re-sar. Well, the problem with that is, more of a technical problem, I-hah-chih, kam-al-e-mas-niss-intal-lok-re-b-kiva. In other words, we're making our Mishnah, both the Tanakama, and re-b-y-u-hoo-da, going like re-b-y-l-e-sar, but the brice that we started with, on the bottom of the previous enm-lok-re-b-y-a-qiva approach, and in general, we always assume that Mishnah's are going to a re-b-y-a-qiva approach, whether it's through his Talmud, re-b-y-may-r-in Mishnah-y-as, or re-b-y-u-da in the sif-rah, or re-b-shim-in in the sif-ri, at bottom-line, we always want to keep it going according to re-b-y-a-qiva, and therefore, not that that's wrong or yes or no, but better to say, Allah (I) to say that our Mishnah is delok-re-b-y-a-sar, not like re-b-y-l-e-a-sar. Okay, we're not going to analyze the mak-lok-as-re-b-y-qiva and re-b-y-a-s that we had in the bottom of the previous enm-l-l-e-may-r. I put a triangle on the word lame, we're going to have a series, a developing series to try and figure out what it is that is the main issue that they are going about. So I have a triangle on this word lame-a, two, four, six lines down, exactly underneath, I put a triangle around the word ve-ha-ha, two, four, six, eight, nine lines, almost directly underneath, there's another ve-ha-ha, I put a triangle around that, and the last word on the last line is ve-ha-ha, I put a triangle around that. So let's go back up to the first one, lame-a, should we say, that bid-de-lo-shav-y-mashkun shir-zuzi, that the mak-lok-as between re-b-y-a-l-e-sar and re-b-y-a-qiva is where the mashkun is not worth the shir-zuzi. So money was lent, let's say a thousand dollars, the mak-lok-as is worth, I don't know, twenty dollars. U-b-de-shmul, come if again, they're arguing in shmul, one would hold a shmul, one wouldn't, what does shmul say, dama, shmul-a circle, shmul's name, he says, hai man de aus fae, alpha zuzu, if somebody borrowed a thousand dollars, zuzu, thousand dollars, a thousand dollars, le kafre. So you have, uhm, island, bob, a thousand dollars, v'an-na-hle-kata-demagla-alayu. And he, bob, leaves as a mashkun, as a collateral, for me, a kata-demagla like an axe-handle, or a sickle-handle, uh, ela-vai-hu on them, now that's clearly, uh, not worth the thousand dollars, but it's still a mashkun, av-ad-kata-demagla, which shmul says, if the kata-demagla, if I forever lose that handle, I've lost my a thousand zuzu, now that's a pretty extreme opinion, but that's what shmul holds, should we say that that's what the maklokas is. So the worse is, no, no, no, ee be de le shavi mashkun shir zuzu. If the loan is here is for a thousand dollars, then the mashkun, given, was only worth, let's say, twenty dollars, dakul-a-mala-slu-dishmul, there is nobody that would subscribe to that approach or shmul, that all the money is lost, v'a hai hai, what then can we attempt number two, say, that the base of the maklokas between Ruby Elizabeth and beekeeper is v'a hai hai, who are you trying with the bahaha, bid de shavi shir zuzu, oh, so I lent Bob a thousand dollars and he gave me a mashkun, that was worth a thousand dollars, and you know what they're arguing about, if they come in, it's going to be the rebuizkok, I struggle with the rebuizkok. Ruby, Ellie, as your verses are big kiva, is do you hold the rebuizkok or not, what does rebuizk say? I'm going to be a sak. Meenai le bahlkhoiv, how do you know that somebody who, other people owe him money, in other words he's a malva, he lends out money, that if he receives a mashkun from somebody, a kunna mashkun, that is actually his, now if he's acquiring it, he is really responsible, he's responsible for even own sin, shena mr, that says that in general if you have a person who took a mashkun, meaning he lent out money, and then he goes, let's say it's a blanket and he goes and gives back to the poor person at night, ulukhan unto him or unto you tihi et stakkha, it should be considered stakkha, which is a big thing. Now, imainokana, if he doesn't acquire the mashkun, how could you look at him just giving the guy back his blanket, imainokana mashkun, stakkha menalai, what was it, stakkha, said he was going to give me something that, but basically yours, question markama. Meenai le bahlkhoiv, shakkha, imainokana, shakkha, shakkha, should we say that the maklok is between, rebuizr, rebuizr, rebuizr, the bahlkhoiv is kind of the mashkun or not, the gomara turns around and says, "1 second vitesh birah, does that really make logical sense?" Let's think about this. "A" more I'll tell you, dhamma, rebuizr, bih mishkanai shaloy bishahas ha'l vahlsai. What this look like is dinn, where the mashkun was taken not at the time of the loan, and then it's really looked at maybe, as though that is the thing that might be collected from ha'l mishkanai bishahas ha'l vahlsai, miyomar. You never said it over there, "elah", so I squeal it on the "elah", "elah", "mishkanai", shaloy bishahas ha'l vahlsai, kul yama isludir abiidsak, like everyone would agree abiidsak, like of course, ha'l kha, what then over here, meaning on the maklokas, between rebuizr, and rebuizr, even on the bottom of the previous ha'l mood, what is the maklokas there based on vahl kha, bishahas ha'l vahlsai, okay, it was a mashkun that was taken, bishahas ha'l vahlsa, ube shaymur ab veda kamifugin, they're arguing in a similar case too, what happens if I find something, what's the status of that abeda that I found, and I'm watching it? Well, they are, we have a maklokas who was brought earlier in the masekta, I have here let's see da fakaf tes, shaymur ab veda, maklokas, robin, rebuizr, roba says, the person is watching somebody else's abveda is like a shaymur khi, now yeah he's watching it, but he has minimal responsibilities as far as liability should something happen to it, whereas if we circle down our khi shaymur sakhar, oh, we look the guy's a shaymur sakhir who's got the mitzvadis watching, the thing, or it could be that, you know, if a poor person comes a knock on the door he doesn't have to see him because he's taking care of the abeda, okay, now that would parallel roba and reviosa to the makhlokas, rebuizr, rebuizr, rebuizr, making roba, like rebuizr, and reviosaif, excuse me, making roba like rebuizr, and reviosa like rebuizr, the thing is though, do we want the amorra reviosaif, or would the amorra reviosaif's opinion want to be boxed in to be able to go only like rebuizr, lemah, should we then say that reviosaif is based on maklokas tonight and only goes into the rebuizr approach? lemah, did you know that the amorra lo, rather the amorra veda when it's somebody who found something and he's watching it and that for that matter, someone who gave a loan to somebody who needed it, de kuliamah, even rebuizr would hold isluhubidr vuizr, like everyone agrees with reviosaif, unabuizr, vahahaif, and this I believe is the last step in our progression, and I'm trying a bahaha, bahaha if the person lent out the money, but he knows he's getting the moshkun, know the moshkun is, he lent out $25,000 and he's getting the loiviz $25,000 Rolex watch, now he's very happy to get that Rolex watch, he loves having that Rolex watch in his house, mars of arabiciva holds that even though mitzvakka ofich shehil vayu, that true it is a mitzvak that he lent him the money, harei shaimir sakhar, well he's getting the scarosa that he's getting the enjoyment of that item, in this case the Rolex watch in our example, whereas rebuizr would be the other mars of our love mitzvakka ofid, he can't look about it as, I guess as much of a mitzvak, shellahana asoi mitzkafen, why did he, why was he like really into lending this $25,000, well he's got this $25,000 Rolex as the mashgrain, the have, and therefore he's basically like a shaimir sakhar, excuse me like a shaimir hina, says the mitzvakka, shawla and you'll end up with shawla and you'll end up with shawla and you'll end up with shawla and you'll end up with shawla and you'll end up with shawla and you'll end up with shawla and you'll be able to, I guess lend it out to other people and use the proceeds to pay down the loan that is permissible for you to do. Amra of khanan barami, amashmul, palakasaka pashul, be pashul, like that, faafaba shawla yamar, now a pashul only said that if the type of thing you have is a mashgrain, something that's very durable and you could basically make a nice rental fee for renting it out to people. Ella, bemara, upasa, little cardam, a pusher, a shovel or different types of things that are very solid type of tools, may be standly made, hail vinoffi shakra yusins, those are one of the things that have a significant ability to rent, if you rent them out, the zutr, paktayu and very minimal is their potential depreciation. It says the mishna, hamavir havai, samakal makam, if you have somebody who's transporting a barrel from place to place, not his own barrel, the shavra and it, he breaks it, or it breaks, let's say, the shavra, maybe he breaks it, this is even nishbarah, the shavra, whether he's a shaimra krinam or whether he's a shaimra sakhar, yishavah, he'll swear that he was not negligent and he'll be off the hook from having to pay, kama, rebi el lazar, I believe the gears have changed, this rebi el lazar, we, uh, would, baksra el lazar, rebel lazar, imar, zevizet yishavah, both of them swear, utamiyani, miyacholin zevizet shavah, but im like amazed, I like have great challenge understanding what that means that they would both swear, in other words, what rebel lazar is saying, it's a kind of unusual permission, he's saying that he had heard, um, from his rebi's, uh, just like the tana kama had said, but he's not really exactly sure how to understand it, again we'll see in the gomara what's going on, so tundra, bana, the gomara brings a brisa, brisa goes for, not to be enough lines to the two dots, haemavir haviz, lakhavir makholin, makholin in the same case, let's say, uh, bobsra says, hey, oh, it's, can you, uh, you're moving, uh, uh, move my barrel from this place to that place, bishavah, and I broke it, banishan makhinam, banishan makhinam, sakhar yishavah, whether ima shan makhinamana, whether i shan makhinamana, whether i shan makhinamana, I swear that I wasn't negligent, and, uh, diva rebi meyer, that gets me, um, off the hook, and I baksra be mayor, so rebi meyer sounds like, uh, maybe it's anacama, rebi hooda hooda hooda hooda hooda hooda hooda says differently, no, if I'm a shan makhinam, then I can swear, but if I'm a noisa sakhar, or, in other words, a shan makhar, I was getting, uh, paid to do that, then you shall aim, um, I would be, uh, it would be incumbent upon me to pay to compensate. Okay, that's the brisa. The michna had said, um, there's a quarter of the michna, about two lines, rebi aliyyazaraimar, za vezayyishavah, utamiyahani, and I'm having, like, a real challenging time, imiyyahalansa, aliyyashavah, both of them can swear, no, he would have gotten his opinion from, uh, rebi meyer. Okay, lemmemra is that to say, desa vahrabi meyer. Now, I put a, uh, diamond around rebi meyer's name, four lines later, I put a diamond around rebiyuh, who does name, and a line later, the third and fourth word, I put a diamond around rebi aliyyazar's name. And these are the, uh, tonight, we're dealing with, we have rebi meyer and rebi yuhuda in the price we just brought, and we have, uh, rebi aliyyazar, or maybe rebi aliyyazar, if you change him in the michna, so maybe we should change his treble aliyyazar. Here is the, um, gamara, lemmemra is that to say, desa vahrabi meyer, that the tannakama of the michna rebi meyer would hold. Nitzkal, la vpoisehu, that if I, uh, if I trip, right, slip up, something happens that I'm not considered negligent, really? The hatanya, we have a brice listening syndicate, otherwise the brice goes almost two lines and says here, nishbarak cada valei silk. Let's say I was, I, I had a, uh, jug of something, and it, uh, broke and there was just a robin, and I didn't like clean it up or nafla, gamla, lemmeda, you have my camel and my camel kind of collapsed, and I didn't stand it up and it's in the middle of just a robin, well, rebi meyer, who he boxed, michai have be hasekan. He would say that the camel owner or the barrel owner, even if he kind of just left it there and didn't really want it, doesn't make a difference. He is responsible for any damages that happen. Where's the hakama in my rim? I'm going to say pakt amidin aliyyadam. No, in a regular court bottom line letter of the law, he's off the hook. However, haibin aliyyazimayim, when he gets to, uh, after 120 years in shamayim, uh, he's going to have to give didn't be hushman on that, like he can't just leave dangerous things or, or potentially damaging things in the rishu sa robin. That's the end of the snake source. Connect of a kaimalan, and, and we establish over there when we have the snake source bevakama, debe, nitzkall poi shiapliki, that the homak lokas there is whether if nitzkall is considered, shia, if you leave something that someone could clearly like a trip over or, uh, get heard over, then you're considered negligent. Now, that's what maybe mayor says over there, but we were understanding that red mayor would hold that nitzkall is not poi shiapl. Well, we'll have two approaches to this. One we'll do, uh, the end of this year, any minute to show one we'll do the beginning of next year. The first is reb el lazar. I circular rebel lazar, he's the amorrah rebel lazar, and I put a number one in the margin and circled it on pei gimmala maddal if on the fifth line, I put a number two in the margin and circled it and corresponding to that on the fifth line, there's a name, reb al-barraba, who we also circled. And again, we'll go back to that imid sasham, that reb al-barraba next year. So, amor rebel lazar, back to where we are, says rebel lazar the amorrah, tabrah, mishu shana zule shana zu, that we have to break this line of thinking and the one who taught this one did not teach that one, which is very interesting because I see rebel mayor's name and his estamations are be mayor. And like, what do you mean? So, what we're saying is that the, there's a later generation take my focus as to what rebel mayor said. So, just because one today, a source says, or mayor saying one thing, well, there's another approach in rebel, there were two approaches in what rebel mayor said. The ossa reb al-huda, here we have the diamond reb al-huda would be coming along, le maimar to say, shaimar qinam yishava, shaimar sakhar, yishalame. Now, why would a shaimar qinam have to swear? Because in general, shaimar qinam is not high for most things. Obviously, if negligent, if you're high, but shaimar qinam, because whether he wasn't negligent and be off the hook, whereas a nice shaimar sakhar would have been paid for it, he would have to pay, because he's high for those types of things. Colin, connector, haikideen, haikideen, each one retains the laws that usually apply. In other words, shaimar qinam, shaimar sakhar, but ossa comes along, rebi, they want to say rebi al-hizr, rebi al-hizr, we diamond reb al-hizr, le maimar, to say like this, in gamara qirabi mayor. That's right. This teaching is like rebi mayor, mihu. However, that's fine, I get that, but to me, aani imi khanzes al-hizr, le shava. I'm like amazed at how each one of them, or both of them, if they're whoever the situations can swear. Why? And here's the explanation. Colin, bishalame, shaimar qinam, a shaimar qinam. What's he gonna swear? Bishtava de laipasha ba. Right, that's a shaimar qinam, so he's the shaimar qinam. He wasn't negligent, and he's not liable for things that he's not negligent for. That's fine. Ela, shaimar sakha, amai mishtava. What's it gonna help that he's gonna swear that he wasn't negligent? Qilai pasha, mami shulumi boi. Okay, you weren't negligent, but you still have to pay. The afilo, and we're gonna have three levels on this. We're gonna have an afilo over here. I vectored the word afilo, and we're gonna have an afilo, first word, on the next, amud, an afilo. So the afilo, shaimar qinam, even a shaimar qinam, he's watching for free, nami, hot tiena famakamadrein. Right, it's a shaimar qinam. What happened? It was like a decline. It was a place where, like, you know, it wasn't its fault, but the thing slipped. However, shilimamakamadre, if it's flat ground, comma connector, me, mustn't be shtava de laipasha, can you swear that he wasn't negligent if, like, he had the barrel, he smashed the barrel, it wasn't like an incline or a decline, that's a little bit hard to understand. And the afilo, here's the next step, I vectored this afilo, afilo makamadrein, even in a place where it had a bit of an incline, nami, ha, tiena, so it makes sense that he would swear. Heja de leika raya, that's if there's no edim to testify to what happened, comma. Heja deika, edim, if there are, heja deika raya, where there is a proof, meaning, like, witnesses, you saw what happened, well, nasi raya, evanipatsir, let him just bring the witnesses who can testify, that that is indeed what happened, and he'll be off the hook, comma connector, de saanya leika ci brought out in the following, brissa, that a lot of times, these things are done, like shtua, is because there's no witnesses, but if you have witnesses, says this brissa, which goes for two lines, i siben yuhu dain dulan, is naimo ymir, with the pussuk, says, ain royesh, wa sasham, tiena yem, no one saw, so a shtua, should be taken between the two of them. Simple diyuk is hai yesh raya, if you have someone who saw it, but you have two people who saw, which would be a kosher edus, yaviraya, bring the proof from them, vipatsir, and get off the hook, that's the end, that's an egg source, the nutrition will pick up with your phrya baraba, next shtua.