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Gemara Markings Daf Yomi

Bava Metzia 99

Duration:
25m
Broadcast on:
06 Jun 2024
Audio Format:
other

Sadi has some obeys about nine lines from the bottom of the new Mishnah. Just a little bit of background, if I have something and I'm going to lend it to Bob, so it's pretty straightforward when I give it to Bob. Bob is now responsible for whatever is responsible for, before I give it to Bob, so it's mine. How about though if you have a Shail who's borrowing something, and the Mashil or the owner of the item, but they're not in the same place, so they send some sort of middle man to deliver it from the place that the Mashil is to the Shawel. Well, Sadi has the Mishnah, Shail is Hapara. Let's say I need to borrow a cow, the shalha lai, and it's sent to me, b'yad, b'yad, b'yad, avdai b'yad, shlukhai, the Mashil, the owner of the animal, let's say I'm in b'yad, b'yad, b'yad, b'yad, b'yad, b'yad, b'yad, b'yad, b'yad, b'yad, shlukhai, shawel, or the shawel, let's say my son, who has been used shawlai, the guy says hey, can you bring this to your dad, or is evd, or shlukh, and then on the way between you, shawlai, and before it gets to me, maysa, it dies, I would be putter, in other words, even though it's kind of like in the middle of coming to me, and it's already left the possession of the owner of it, still I'd be putter, amrallai, however that is comparing to draft to this case, where amrallai has shawel, where I call the Mashil, let's say I say to him, can you send that thing to me shalkhali either be at beneath with my son be out of you with my evid bachlukhi with my emissary or be at bin khasan did with your son or your evid or be at chukhah your shalihach or shalbala masha it doesn't even have to be that clear it's where the masha the only the item says hey Horowitz or any masha lah lah lah I'm gonna send it to you be at beneath with my son be out of the bachlukhi or be at bin kha your son be out of the Kha your slave bachlukhi your shalihach the amalaya shayel and meet the potential bar where I say yeah go ahead shalakh send it the shalkhah and then it gets sent at at some point in between like in this journey maysa I would then be haiv either shawl would be liable I'm responsible for it the same bishash and marzira and similarly when the item is returned basically I'm totally responsible for it until I get it into your domain and possession unless of course you the owner made it clear that I should send it back to you via your people and then I would no longer be responsible okay one of the cases in the mission was biad avdai it sends it via the evid a haiv well one second why would it be haiv if you have a person who has an item and he gives it to his evid why would he like the shawl says yeah send it to me via your slave why would it then be that the shawl would be haiv don't we view let's just say the owner of the item he's not sending it with his son or his evid he himself is coming to deliver it clearly if something happens along the way it's not going to be that the shawl be haiv so why if he sends it via his evid would it be haiv yada evid cadra boy don't we usually view an evid is always just an extension of his master unlike the other characters here who are independent entities an evid is not so amar shmul we circled shmul and one line later we circled rav to approach a shmul says what we're talking about here is an evid evry dilokani like ufe unlike an evic kanani where in many ways it's still the master actually owns the goof of the evid and then the evid is often viewed as just a literally an extension of the master by an evid evry that's a full-fledged you who ran into financially tough times and was all the slavery he still retains an independent personality independent entity and dilokani leg ufe the master is not cone of the goof of the evid evry rav says no you can even say I circled rav's name ravamar a fugu taimab evic kanani it could even be talking about let's say a lee roy or a tairon nasa we make it as though and I double underline the ke the huff ke el imar lo is is all the shawl said to him um now he didn't actually say this but it's as though he said to him he should makov it tough but listen just give that animal a couple smacks with the stick and and it'll come to me and that's sort of tied him out to taking responsibility and actually say that we make it as though he said that basically we have a snake source though that would seem to indicate otherwise now the snake source goes for light in the half-week box it off I show you para vichalha let's see if somebody who's borrowing account and it was sent biaad binayu biaad schlukhai viehe sonner he is shaliak kayav so he would be kayav yet if it was sent biaad avdai if it was sent via the evid of the martial potter the shawl would be potter sounds like over there we're definitely viewing the evid as an extension of the master or of the or the item so it is a question on rava enchmool just on one of them so bish lama says that my squiggle under on the bishop on the line and a half later first word align is ela squiggle under on the Ella so bishom on the schmool he could very simply say this brice is not a problem with our mission of my sneeze and our mission is bevid ivery who has an independent personality entity whereas the brice is bevakanani and that's why in the brice the evid is an evakanani is just considered an extension of the owner of the item or the his master whereas ela la rava concho he squiggled under on the Ella according to rava said no even in the mission of evakanani so what's going to do with this brice well amalak rava he would tell you low tama don't say the way we did on the end of the third line and the fourth line that nasa ke oimere lei that that's the okimta the case of our mission i rather ela ima but on marlei it's actually where he he actually said that it's not as though we view it as we did said he did say forward quote ekishima makol vihutava you give an animal a couple smacks on the back and it'll come on its own day it mar what do we say in that case here's the presentation of the case hashi lei barascha hey uh bob can i borrow your cow vamra lei and he says back beyond me well who's going to bring it to you horowitz vamra lei and horowitz is back well if you should makol vatava just give it a smack on the backside and it'll come on its own i'm not going to borrow vuamra i circled rob's name this is the same rob that we're dealing with uh... up above cave on shazamishu's machil omeisa once it leaves the domain or the property of the macholon who's lending it out omeisa if let's say five minutes later it hasn't gotten close getting to me but it it it dies on the way hi if i would be responsible okay name amisa ela should we say the following today's source would be a support for this and certainly sounds like it's supported basically word for word we just said the snake source goes for two and a half lines and starts here hey uh bob hoshelene parascha lend me your cow vamra lei and bob says uh beyond me well who's going to bring it to you horowitz vamra lei and i say back to mola jishu makol vatava just you know give it a good smack and it'll come to me cave on shazamishu's machil once it left the domain of bob and it's on the way to me omeisa if it drops dead hi if i as a shoil and responsible if it dies would be high that's gonna take source and uh sounds like that's a good support for what we said basically word for word what we said however rob explains not necessarily excuse me rob ashi ama ravashi i certainly ravashi no it's usually because rob is a i guess a first generation ama ravashi the seventh generation quite uh distance in time but hakaamayas keena ravashi says what's the case over here it's an interesting ukimta but basically kegan shehasa katsirushal shayel it's not where the the shoals katsir is somewhere far away it's actually right there the katsir of the shayel of the one who's borrowing um the animal is lift name it's further in mikatsirushal masha so if you imagine like a typical uh you know american a big backyard or a farm area that's all uh uh fenced off and then you go through that farm area and that's the only way to get to the shayel's uh property he's got a little property beyond that again shehasa the katsir of the shayel is lift name it's beyond the katsir shayel the masha dikhi michal kalay when the owner of the animal sent it you know go over to horwards this place van de la hasa masa that's like the only place the animal can go for sure it's going over there so then we're sure it's well then one second if that's the case hakimayla memora that that's so posh shit well low it's not so clear or not so obvious srija rather it's necessary diika gazaisa it they've got in the uh backyard of the masha or the fenced off area the masha there's all sorts of like hidey holes and nooks and crannies where the animal could actually sort of like uh not um go to the other person's place bao de taimia might have thought to say since there's these gazaisas los samkhadite that there wasn't actually like a full fledged um reliance on that this would actually take place dilma kaimahasam lei asya asla ladya and maybe the animal would just kind of like stay where it is and not go outright to where it has to go that's what you might have thought kama kamashmalan that's what we're coming to being told just samkhadite no there is a a full fledged uh um reliance that this will actually happen and that's what causes the canyon to be good period amarafuna i so would uh double underline rafuna we're going to attack him uh numerous times so uh may as well give him the protection of a double underline the attacks are coming from lower so uh maybe we'll be able to fend them off now uh five lines later third one online is upliga i put a triangle on that upliga and five lines below that first word online is velode near the end line is another upliga put a triangle around that those triangles are the arrows are going to be shot at rafuna uh ask them questions so let's see what rafuna has to say he says i show you a card to make a hero a person i borrow a hatchet from bob buckaboy if i've used that hatcheter that acts to start chopping the wood then uh cano i have acquired it in low buckaboy if i haven't yet uh started chopping anything with the axe low cano i have not acquired it now acquired it as far as what i mean it's not mine i'm borrowing it from bob so lamay elaym ice we learn elaymala insen if it's that uh if something you know happens to it i'd be responsible well then my shanapara demishan shayla why would this be any different than uh the cow which if somebody's borrowing the cow well he's responsible for it like right away so two with the axe elay so i squiggle on the ela it's a different thing it's actually nothing to do with when it's originally borrowed rather la chazara uh to give it back now what do you mean to give it back well let's see the person who lent it to me he said he lent it to me for a week and then a few hours later he comes back says horowitz i need that axe back can he like take it as he have the right first of all it's his we know that but he agrees that he let me use it for a week so buck up all you've already started chopping with it la mazihadar be moshill the moshill can't back out and uh now you can ask for it back but he can't force it back or low buck up all if i have it started chopping anything with it though moshill had i made it so listen i'm sorry horowitz but i needed it back oh plega this is in counter distinction too in other words what i've just said is not like rebby ami so we have a triangle in this plega and we end up on rebommi don't worry about me he has an almost identical case that he presents us with a moshill cardam this time though connector shell hectish somebody who borrows a axe but it's hectish's axe um normally if you use something of hectish you have to pay back hectish the value of whatever it is that you used um mallefi toi vasana shibwe so the amount the way we put a dollar and sense amount onto uh the benefit here is whatever the toi vasana in other words what would if we had to put a dollar amount on how much would somebody who borrowed an axe considered a favor in dollars and sense that's what we do vicha veirei muchu leva kea by lekavchila and actually the person who's got the axe even though it's hectish axe he'd be able to totally chop his own private firewood in the backyard with that axe now that's where abommi says the eloy cano one second if he wasn't kind of it am i malle why in the world would it be over me ela for the one who gave it out that ama kea veirei muchu leva kea by lekavchila why would there's god in who knows it's a hectish axe otherwise why would he be totally fine to chop the wood even after knowing that nahadre philoliknay philolimal why don't we just say you should give it back and not acquire it and then you won't be over the vila if indeed he has to like start chopping with the femtio acquire it and since we don't say that it's obvious that revami holes that shame rim do acquire things that are entrusted to them with the initial machine class so i would not be like rafuna who had said only once the person starts using it kamu please go this would also be in other words what rafuna said about 10 lines ago would be in contra distinction not like rebelizer so we triangle the plighan and i'm a lover of a lazar kedera shatikna mashi habelek who is just like they decreed the rabbis that when somebody's purchasing something he should actually physically take it kaktikna mashi habei shame rim so too if somebody's a shame or a shame or sachar shame or hina any of the arba shame rim uh would also need mashi habe to acquire it okay tani nami habe we have a bracelet that starts here and goes till the end of the second line on on the base because shame should take the mashi habelek who is just like the rabbis have instituted that a taking into the possession pulling thing towards you when somebody's purchased something that's when it'll be acquired kaktikna mashi habei shame rim so too the shame rim acquire it as soon as they are moshated once they take a hold of it literally uh pull it or drag it if it's like an animal um kama ukashame shakarka and just like land if you're going to transfer the ownership of land by selling it to someone um what is that which clenches the deal nick nason could be clench deal backs both sides can no longer back out if money's given over kessef star if there's a document written out wubahazoko or the person is acquiring it does some sort of act of uh clearly indicating that it's his like he puts a new fence up or something well kakt slerus so too apparently if i'm gonna let's say rent your car rent your frying pan or rent your cow kakt slerus nicknabik has a star kazaka that's the end of the snake source that's really strange because if we remember um from other places you can't acquire somebody else's frying pan by just giving them um kessef or i got a star so the gamore right away as slerus by a vidite one second what slerus doing over here um amarev resta so chris explains that unlike what i said a minute ago that we're talking about slerus of the frying pan or a cow or something we're not we're talking about the sale of land and then the leasing of land so the first line is if land is sold and the second line so too slerus how to understand its slerus of karka and slerus of karka indeed the deal can be clench with kesser star kazaka period amarese mola slerus mola's name haiman de guzzle like double in the land guzzle kavitsa de tamri they used to have these uh date cakes we've had vid cakes day cakes we'd take 50 dates and and push them together so push them together somebody who let's say i stole bobs uh date cake uh vis bachamishim tamir has 50 dates in it aga fadadi now how do we evaluate that which i stole because if they are sold all together miz davnán béchamishin irichada they're sold for 50 minus one in other words 49 let's call it dollars uh hada hada miz davnán béchamishim if you bought them one by one uh they would cost 50 dollars and therefore it depends who i stole it from if i stole the pressed date cake of 50 dates from a hegio randal and hegio michamisham michamishim irichada then you don't have to pay back like you know i stole it so i have to pay back i pay 49 whereas kamala het dish i know in the het dish michamishamishim vichamishayo actually have to pay the full 50 which is like i guess the more expensive way of assessing that which i stole and the cholmesh the additional fifth because uh when you misuse holy temple probably have to pay a cholmesh um which by the way is only if i either consume them as opposed to just destroy them so i put brackets starting over here we'll read the brackets now masha inkane which should not be the case of mazik and i squeal underline mazik if somebody down the stage is something of het dish and i uh let's say some a date cake of het dish and have these muddy boots and i stomp all over it thereby destroying it um dalomeshal and cholmeshayi wouldn't have to pay the additional fifth da amar mara that's basically learned from the pussuk that describes this issue because the pussuk says ish ki yohul klei dish it's uh within the context of when a person consumes or or um uses productively the holy thing pratlamazik which would come to exclude having to pay the additional fifth if what was done was damaging it now to damage yourself to pay for it but just not the fifth that's the end of the brackets mas keflaw this is a takbir bibhara baye kolan lehejuna mai masha lame kami shimni kridawa one second why is it if i just stole it from a regular guy i would get away paying him 49 name alay let that guy say to me on a hada hada hadim isavdina luhu well i wasn't turning on sulling it one by one and i would have gotten 50 so what do you pay me 49 you gotta give me 50 well i guess you could look at it both ways and rafoon explains why we look at it the 49 way says rafoon abrader of yoshua shaman baye sa baisa sajat snan that was back in bovacama that's in my animal when it's your backyard in eight a section of your backyard how do we assess the damages we do not assess just that part that was consumed what was it worth before and what was worth after rather we take a much larger parcel of land and assess the damage how much is that larger personal land worth now that the section has been eaten how much would have been worth before and that's obviously a a grew much to the benefit of the person was responsible for the animal eating somebody else's stuff okay that's what schmool says and apparently then schmool now differentiated between when it came to the pressed date cakes if i stole it from a regular person or vessel from hek dish the glass of question i put a long question marking and the margin starts here goes down to first word online is saurek lember is that to say to savers schmool didn't head yote love cadin gavaya dummy seems to say they're different that's what he was saying up above you steal the date uh cake from a head yote you have to pay 49 you steal from hek dish you have to pay 50 sounds like they're not the same you can't compare them really that's not but we have a michina um saksmila that seems to indicate otherwise it's basically the mission is going to be about three lines and then the analysis three lines and it doesn't seem like schmool says that didn't head yote is not in gavaya so here we go um this is regarding the temple treasure another temple treasure has a unique position things that if other than other person it would be considered me ela misused of holy temple property well he's like the guy in charge of the holy temple property so if he happens to take let's say an evan a stone a brick or a cara beam from hek dish he's not been my ill but that's what he does often he'll maybe even get the deliveries you know amazon doesn't do deliveries to to the base of mikdash so maybe we'll get him to his house somewhere in the old city but nasa la javere if that same item though he the gizbar gives over to somebody else who mal the one who gave it the gizbar is going to be the one who violates mila the javere le mal not the one who received it semicolon let's say the gizbar took that say i don't know large uh brick or something benah besek base when he builds it it sounds like he's building it into his house i think the way we explain this is that let's say it's a brick and he's using it to cover let's say it's a board of some sort he's using it to cover a skylight or a skylight that would be open to the uh the sky um loma i'll just placing it there he would not be over um me ela um because he hasn't done anything to it he didn't even like bang any nails into it ah jeed or taqtahai squealing on the nachi to taqtah until he lives underneath it bishava proutin whatever we consider a show of prouta's worth of value okay that's the end of the snake source now we're bringing this as a question on schmooz let's see how this plays out connector the yasad revavo come made the revio khanan sur revavo a star student of uh revio khanan was sitting in the presence of revio khanan the yasad come and we should be made de schmooell oh here schmooell at circle schmooell's name and revavo was saying in the presence of revio khanan in the name of schmooell the following zai sai maris from here you see now what we were just talking about is something that was a hechdish item and yet uh schmooell himself has said you can see from here that even in a non hechdish scenario ha dair bakazu ka there right just a standard case where you have a uh a courtyard and i'm living in that courtyard shalomidatai and you don't know about it i don't understand shalomidatai saurekh la lais leis car would have to pay rent now one second why are we comparing and contrasting or comparing a case of hechdish with a case of head yote if schmooell himself had said those two are not comparable so the gomara answers will skip the parentheses ha darbe schmooell mahi actually the thing that schmooell just said two lines ago the zai sai maris uh he actually backed off that point that might have been i guess an original uh a originally he felt that was the case that you can compare the two but uh um in the end he had said no you can't compare things uh by a hedger to things by hechdish okay well why are we saying that that is the thing that he backed off of and we might it mehahi ha darbe who says this is the zai sai maris that he backed off of dilma mehaha dar maybe what he backed off of is what he said ten lines earlier well no you can say that rather it's got to be mehahi ha darbe that from the zoso maris is what schmoole backed off of kiddo rava dama rava hechdish lei midaz keh heder midaz dami now when you're dealing with hechdish schloy midaz um it's like hedger midaz because a regular person if he knows what's going on that's one level but hechdish is basically just lying there it's the lords and by the way the lord knows everything that you do and therefore it's considered like hedger midaz however we can't derive anything from it regarding hedger schloy midaz period i'm a rava honey schloye have these uh movers who were terribly negligent when moving somebody's barrels of wine a shop owner uh detavru uh they uh broke uh due to their gross negligence kavistahamra a barrel of wine for a hhenvah okay so they got to compensate him um how much do they have to pay biyu madishoka miz davna bechamisha on the market day it's worth five but bishar yumi miz davna beh arba during the other days of the week it's only worth four okay colin aha julay if they give it back biyu madishoka maha julay kavistahamra so on the a market day they would have to give him back an actual barrel of wine because they destroyed a barrel of wine of his um negligently bishar yumi the other uh days though mahajulay kamisha um the way russian understands that is because um the uh shop owner can say listen it's worth five to me when i have the market day and therefore you owe me five leoyamrin now we're going to qualify this and say that's only ela de lo have le chameliz vune that's only if this uh shop owner doesn't have other wine to sell however aval have le chameliz vune if he has other wine to sell well then that's the one who should sell haibai lezvune he should sell that wine so if he has other wine to sell and he's not selling it he's clearly indicating that it's not really worth five time rather it's worth four by the way as an aside and with this we'll conclude umangri lei agartir rei and the deme barsenisa we also have to um uh take into account the agartir rei whatever the hassle would have been to to sell it that way or to schleppet here or there and the deme barsenisa or possibly the guess would be deme karsenisa either karsenisa would be like a cruise they announced that the fida advertised has some guy walk around you know the public area and say horroids has uh wine for sale at his house horroids has wine for sale at his house whatever that would cost as well as the um or if it was the barsenisa like a baris as a tap when you had an earthenware barrel it was um a special skill that somebody had to tap it properly so it's not to uh crack uh the barrel and and thereby cause a loss to the owner adcon