Gemara Markings Daf Yomi
Bava Metzia 104
Kofkim war with Bays, five lines from the bottom at the new Mishnah. Ha'mkabel, Sa'damik Haverai, the "he base Haschlachen" or "he base Haschlachen". If somebody is going to work on a person's field and it is a "bez Haschlachen", it basically will not be able to produce crops with just the brain water. It needs to be irrigated and basically there is a source of water, a fountain or a well that is in the field itself that is used to irrigate it. Or "bez Haschlachen" or "he's got a field that's got trees there and the trees are like an added bonus because the sharecroppers can be able to eat the fruit of the trees. However, the water source dried up in the middle of the season or the trees, the fruit trees got cut down, he does not get a discount of how much he has to pay and others he still has to pay essentially the same fee to use the field. Imamalayi, if however he said to him, "Hakorli Sa'da base Haschlachen Zu, Sa'da base elan Zu" if it was specifically stipulated in the contract that he was getting a field that had an internal way to irrigate it or a field that also had some fruit trees there, then since it was specifically stated in the contract, "Yavesh Amayam in Exa Sa'elan" if the water source in the field dried up or the fruit trees were cut down, "Mnachalayim in Exa Sa'da base" he can subtract a certain amount from the rental fee that he has to pay for using the land to compensate for the lack of water source or the lack of the fruit trees. The Gomorah wants a little bit of clarification, Heihi Dami, what exactly happened over here that the water source is not good anymore? Ileim Adiyavesh Nararaba if there was a large river that kind of supplied water to all of these underground water sources for all these wells, and the whole thing sort of dried up, Amayayim Adiyavesh Nararaba why would the worker who's renting this field not be able to subtract from how much he owes, Vinay Malay, he should be able to say to him, and this is something we'll see quite a few times in this parach, Makas Medina, he. Listen, it's not my fault, it's not my mausole, the whole area, this whole region has been hit by this terrible situation, and therefore he should be able to get a discount in how much he has to pay to use the field that year. Amrahpapa, well, right, if it was like a large river like the main water source of the area that dried up, that would be true, however, says Rapavesh Nararazuta, it was a smaller sort of tributary that dried up Damalay where the owner of the land can say, listen, there's still water for you to water the field, it's just going to be a lot more of a hassle because it's not like right in the field. Bailah lassuibidavla, it's basically a responsibility to bucket and take buckets and bring the water and irrigate. Amrahpapa, how do you start to become nice to the first two missionaries of the parach that we did, Miskakasla, you'll be able to find the cases that were described in each one, ben mikha krenusa ben mikha kplanusa, whether it's in hakiras or whether it's in kablanus, which is basically arisas, hakrenus is, I want to use Bob's field, I promise Bob ten, you know, ten tons of wheat, so it's basically instead of paying him money, I'm going to pay him in produce, or kablanusa is where I'm a sharecropper, so we'll each split whatever the growth is, whatever this is, it's called it 50/50. Now over mikha ked be elahk, it's from the mishnais, and this point we're going to see, starting in the middle of this amud, and through the rest of the ninth parach, the isibakabla newsa, lassuibakha krenusa, the isibakha krenusa lassuibakha kplanusa, those that are discussing an arrangement of kablanus, basically arisas, sharecropper situation can only refer to a sharecropper situation, and the ones that are speaking about paying a rental fee with the produce of the field, the set amount, can only be talking about that. The mishu continued in zedimamr like a kurli saad de base ashlachin zah, I know the word zah, the amai, well one second, why should that be the case if he said specifically this base ashlachin, or specifically this base asiilah. Now the assumption is that if you call it a base ashlachin, it's because there's a water source, or base asiilah because it's a tree, but is that always the case? Could not a name refer more to what something was historically than what it currently is? So lay malay, why don't we say in this, by the way, I marked with a long question marking from here till not 10 lines down, first word on the line is the second balma amri lach. It takes in essentially about a seven line price and a few lines of explanation. So why is it again, lay malay, shouldn't the balabais be able to say, yeah, I called it like the field with the water irrigation, but maybe that's shmach balma amri lach. Simply what it's referred to, not necessarily that it's a current description of the saad and land. And we even have a precedent for this, as unusual as it might sound, milaitanya. Do we not have, and this brice it goes from here it goes, let's see, two, four, six, just a little bit over seven lines, I box it off. If you have a person who says to his friend, and you just have a note here, this has to apply specifically to where the owner of the field and the one who's going to be working the field, he's referring the owner to a specific field. And he referred to that field as base core offer, a base core offer that should translate, will transliterate it. This field that has an acre in it. It's the acre field, and he might have locked it and want to sell it to you. Okay, so we'll assume it probably is an acre. The truth is, alpha be shamed by a la lassa, even if it only has half an acre or a lassa cus half a base core offer, he giye, it basically becomes the buyers, basically the deal is good. Now that's amazing, because he called the base core offer and he's got half as much. Why does that work? Shalomach bala ala shmach. That what you referred to it as a base core offer, which sounds like, you know, an acre field. But who did Miskaria base core, it's got to actually be referred to as that. Now, why would you call it the acre field, it's only half an acre, the number of explanations it could be. It was one sort of part of a field that was a whole acre, maybe it says valuables an acre, but bottom line, the words used are not necessarily description of the size of the field currently. Or how about this, fellow selling to another person, a karma, I don't like the word karma, any mojhala, vineyard, I'm selling you. And well, says this price, half a base chain with a fund, even though there's no vines there. He giye, the deal stands. Why? Did he call it a vineyard? It got to be vines and a vineyard. Right? Nope. Shalomach bala ala shmach. It was referred to as a karma, but to Miskaria karma, it could be either it's like very fitting to be a karam, or it once was a karam, and that's why it's called karma. How about this? Partes, online word, partes. Partes would be, I don't know, a field where you have pomegranate trees. I online word, partes. Partes, any mojhala. That's what he was told them. You know, some probably has pomegranate trees. Well, no. I'll be shamed by you, even though there's no pomegranate trees, or no pomegranates. He giye, the deal stands. Shalomach bala ala shmach. Once again, this concept of the name which he referred to it as, it could very well be just a description of what once is historically your potential to feel not necessarily what it has right now. Vuudamiskaria has to still be called the partes. That's the end of the teneic source, alma, as I've pointed out a few times when he went through this teneic source, it follows from here, amarlay, that the seller can say shmach bala alma, amrilah. You know, I was using the name, or I mentioned the particular thing, an acre, or vineyard, as a way of referring to that property, but not necessarily that that is what it had. Hakanami, so then if that is the case, here to in our discussion, amrilah, amrilah. If he calls it a basashlachin, so that's because maybe at once out of waters there's nothing that has one now. So, we have two ways to answer this. I'm a schmul, I circled schmul, put a number one in the margin, and four lines below that first line is ravina, I circled ravina, put a number two. The schmul approaches like this, amr, schmul, like asha, you know what the difference is? Ha, I circled it on this, ha, da amrilah, makhir, look like here. And the brissa, where we say it stands, is because the proposition or the offer is being made by the current owner to the one who would be working it. Whereas ha, I squeezed one in the word ha, the difference is that in the Mishnah, it's amrilah, kul, amrilah, makhir, it's the one who wants to be working it saying to the owner. And it goes like this colon. Amrilah, I underline two words, makhir, look like here, essentially if the land owner said it's the one who's going to be working the land, well, the landover always refers to it by that name, even though it might not be a technically a valid description right now. Then schmul, ba al-mamrilah, amrilah, kul, amrilah, kul, amrilah, if it's the one who's going to be working the land who's making this statement, then Queda, if he's saying it should be a field that has a well in it or a water source in it, he wants the water source in it. It's not just calling it because that's a name that other people might refer to it as. Ruvina is the second approach to Amr, Idi Vidi, no, no, both of the cases, da amrilah, makhir, look like here where the land owner is speaking to the owners when we work in the land, midikha amr. And in the Mishnah, you want to focus on the fact that didn't just say ha, kul, isrilah, kul, baishlachin, but it was kul, kul, baishlachin, zah. This one, I put the zen, right? Angles, mikhaal, da kaibigavah, if you're saying this one, it very much sounds like you're actually standing in it or like close enough to it to refer to it as kinaan. Well if that's the case, baishlachin, why if you're standing right there and you could see if there's a well there, if there's not a well there, lamalilah, mamril, why would it be, even have to be stated? If you sell somebody a car and you're pointing to the car and the car is right there like you know which car it is, why would you have to start describing the features of it? Well, obviously we'll have to assume that de kaamra le baishlachin, kidikhaimahashtah, that the intention was when he's calling it a baishlachin, what it means is a baishlachin as it is right now, not necessarily any indication would be in the future. Says the mission of mikhaabah, sate mikha virei, veh ho virei. Now, Roshin, each one of the mishnai is from here and for many dapum is going to tell us whether it's a case of kablanus or a case of kakirus and we'll see each time. So Roshin says this mishna is kablanus because if there was an agreed upon amount let's say of wheat that would be paid, well then yeah it has to pay that as opposed to if there is a sharecropper arrangement, obviously the owner of the land assumes the sharecropper is going to work the land properly. However, here on the kablanus, the worker just like left it fallow didn't work it, well he still owes it now. How do you assess how much he owes? Because what he was going to have to pay was let's say 50% of the produce, well there's no produce. So shamanai sai, we make an assessment kamra le wa sais, how much does it feel like this in a typical year fitting to grow? But nice and land that's the amount or whatever the percentage he'd read upon was that the folk here would have to pay the makir, shikakos of light because this is basically what he wrote to him in the deal. This is the standard contract wording, emo ver, vida shalem et me tavap. If I leave the land fallow and don't work it then I'll pay you with the best stuff. Rebi mayor, I put a diamond round Rebi mayor, two lines later is Rebi huda, put a diamond around Rebi huda, that's specifically the line that starts with the word bemaitavap, four lines below that, first one is ally and the middle of the line it's hila zakanaput, a diamond around that. About seven lines later, first term in line is Rebi shuban karcha, I put a diamond around that and then if you flip over diamond base, in the middle of the first line is Rebi else I put a diamond around that, so it's going to be five tanoyim that are what the Gomorro calls duresh loshan headyot. It's a bit of a discussion, showing them duresh loshan headyot, is it that tasters wants to say maybe things that are not even stated in a contract but are understood, they are binding, I think Rach wants to say more that it's not a like a legally proper phrase in the contract but if it isn't the contract it's still binding also. So we're mare with duresh loshan headyot, dessanya, and here's the example, I boxed off the following line in one word, Rebi mareoyim, I know in Rebi mare's name, imo verbi loyevid, escholim maitavap, if I leave that field that you're giving me empty and I don't work it, I'll pay you with the best stuff and we said that is binding, Rebi huda, what's his example, he would duresh loshan headyot, dessanya. There is a brisa and if you have a man who gets married to a woman, he is very wealthy, she and her own is not, when a situation of a fluctuating price carbon comes up, where it depends on the financial abilities of the person, basically, Rebi huda says, adamevi carbon asherhali shtai, a wealthy man does have to bring the most expensive type of carbon for his wife, even though like technically his wife might not have any assets. In cold carbon of carbon shtai, I was in similarly whatever type of carbon shtai, if the husband or husband is going to have to pay up for the highest level of carbon, shtai kha khais of law, khais d ist le kha lai minkadama dena, that's what he wrote out to her as part of the ksuba and again, even though this is not necessarily a technical rabbinical sort of wording, it is a binding, the akhrias responsibility that I have regarding you from even before this. Hila Zawkain is the next one, Haya Dura Sushanhedit, where do we see that, dysanya, that's box off this price, it goes for, let's see, two verses, about six and a half lines and starts here. Alexandria is a big city in Egypt, there's an ancient Jewish population there, Anjel Alexandria, Haya Dura Sushanhedit of young men who, you know, there's two stages of men hooking up with a woman to be husband and wife, there's Kedushan, otherwise known as Erisan, and then there's Nisuan. Now at the Kedushan stage, what usually happens is you have a man and he's Makkatesh woman, that makes her forbidden to any other man, but the two of them still can't live together until the next stage, which is the Nisuan, where they become fully married. So what happened in Alexandria, Haya Makkatesh, say, and you'd have young men who got engaged to young ladies, Ubishas, Kneesas and the Khupan, like shortly before the actual Khupa, which would consummate and finalize the marriage, but in Aqayim, others would come along. The Khayt fin Aisam Mehan, and grab the ladies away and take them for themselves, Ubixa Khaym, and the Khayt fin Aisam Mehan, and grab the ladies away and take them for themselves, Ubixa Khaym, and the Khayt fin Aisam Mehan, and the Khayt fin, many of them wanted to declare children from such a real mum's area. In other words, this woman is engaged to some other guy, and now some tough guy comes along and hops her away and takes her as his wife. Well, you know, she's married technically to somebody else. Now, here, a man, the stature of Hillel, was certainly required to come up with a pot like this. I'm Alain Hillel, Alain Hillel, Alain Hillel, Alain Hillel, Hillel's Aqayim, Heviu Liksubas Imrem. So he said regarding those cases that the women should bring the Khsuba, or the children, maybe later, should bring their mothers Khsubas from that original, you know, Khaydushin, Heviu Liksubas Imrem, and they brought the Khsubas, Ummatsu Shikasupan and Hillelazakin found written in to the Khsuba the following. La Shunla Shikat, Le Keshatikansilahupa Havil all of the intu, which essentially means that he was getting engaged to this woman, and once we conclude the final stage of Khsuba, then you will be my wife, which sounds like if you don't get to that stage, then she's not his wife, Villelazuban Imrem, then he'll Pascan that since none of those situations came to a full-fledged marriage, and then some other guy came along and hopped the woman that the kid should not be Mum's here. That's saying that snakes were it. Swipishuban Kharkha, we put a diamond around, he would also darsh Lushanhedya Dessanya. The Bryce goes almost three lines and starts here. Shuban Kharkha and Hillelazakin al-Namir, ha Malvesqa Vairai. If I lend money to Bob, Loyimashkinenenu Yayusamehayvai, the Mashkon that I take from him should not be more than the debt, so if I lend him $100, the Mashkon should be worth $100, not more. Shikak Kaysave Loy, for this is what the love writes out to the Malve. Now the love is one who's borrowing the money. He's the one who should have given the Mashkon. Sometimes only he's the Mashkon back. Well, when he takes that Mashkon back, he will write out, I guess, a separate sort of document to the Malve, the tashlumtad, the islekhalai, kol kabaldihi. Because the money that I owe you or the money that you have upon me, kol kabaldihi is basically equal to the value of this, whatever is being given as a Mashkon. That's the end of this day's source. If you want us a question, well, time it to kassa lehakhi. So it's because that was written out hai lai kassa lehakhi. If that special document wasn't written out, lo kanya, it wouldn't be good. Question mark, comic, connector, vahmara miyokhanan, mishkonai, vaisheve lehamashkinenu mais. Then in this case, where let's say I lent Bob, let's say a person lent Bob $100 Bob gives him a Mashkon, and then Bob needs that Mashkon back. So the one who lent him the money gives him back to Mashkon. Umeis, and then he died. Now, normally when someone dies, so whatever assets the deceased had is inherited by his children, shaym jaymigabibana. Well, in this case, he'd actually be able to seize it away from the sons, because basically it's considered he is to be able to collect from a hani kassa lehakhi raam. So the one I answered is that the benefit of having it written out is if there is a depreciation in the item in question, the rest of it, in other words, if you have a Mashkon, Mashkon is supposed to be the, let's say I lent someone $100, and he gives me a Mashkon, and it's worth $100. But if the Mashkon is used, let's say it was with a 50, so then you can collect from the Mashkon plus another $50. And finally, Rabiosi, hai yadarish, loshan, hejatasanya, the two-line bricer, Rabiosi, Angelini's name, my name, my name, makum, shnagalasay, suba, mauva, gova, mauva, likbo, gova, mexa. In a place where the normal practice is basically to write a value into the ksuba, which is the real value of how much the dowry was, so that if the woman in the event of a death or divorce should be able to collect that back, that's how much you write it in. Whereas likbo, in many places it seems like the practice was to double. So if let's say the father of the bride, the family of the bride is offering a million dollars, they would write into the ksuba two million dollars, well then if it comes down to the ksuba, obviously, even though it says two million, you'll collect only a million, because that was the practice. Narbloy, gova, tilsa, by the way, in Narbloy, the practice was to write three times as much, so when a death or divorce happened, the ksuba paid off would be one-third of whatever the figure written into it is, period. Marémar, magbi nami schwaja, he would basically allow a chassen even the schwaja, which rashi says, anything that was written in and doubled, you know what, you can collect that, collect the higher amount that's written into the document. Amraleza says the ravina to marémar, vatania, but one second, we just had a bracelet two lines ago, here's a re-quote of it, three words, líkwól, gova maxa, you collect half of it. Well, explains the Camarola Eikasha, did at the time the ksuba was being written the chassen acquire a formal acquisition on behalf of that, which is the amount written into ksuba or not. Marémar was talking about where he did de condimine and the braysa, which says no, if it says two million dollars, it means like one million, as that's what people mean. Had de líkonimine, where there was no formal acquisition, backing up the original higher claim. Ravina white put a diamond around and three lines later, first words on the liner, who gova, I put a diamond around that, we have a few scenarios here, here's the first ravina, mish bach, the cost of the barté. Now, mish bach is to like increase or make more, or he was, let's say, the dowry was going to be a million dollars and he wrote in two million dollars. Amraleza, so the grooms family said to Ravina, Ravina was the father of the bride, oh hey, why don't you make a formal acquisition to back that up, míkimine de mar? Amraleza, he said, uh uh uh, e míkna loy míkwal, e míkwal loy míkna. Yeah, I sure make a formal acquisition, but I'm not going to double the amount that I write into the ksuba, or if you want me to double the amount that we're writing, the ksuba loy míkna ain't making no acquisition to that end. Next case, a hu gavra, we put a diamond round, this a hu gavra, da amr lehu, he is, rasha says, this a hu gavra, I believe is a shrivme, right? He's based on his deathbed, and he's doing well, and he says to a bunch of bystanders, and this is in a place where it's normal to double for the ksuba. He says, "Havula, arbomeo, zusi, labarti, big suba, sa, give 400 zus to my daughter, for hu gsuba." Now, what do you mean? Shala kravaha, braid dravavia, le kameh, like the presence of ravashi, what are we supposed to do with this fellow? It was a place where they usually double, so when he said 400, is that the actual man is arbomeo 400, and therefore dínún thám ní meh, you write in 800, or what he meant was arbomeo zusi, which basically write in 400, that in reality, dínún must, and they are only 200. So arbomeo vashi, sa vu gravashi, well, closing on, we got all looking to this. E amar, if he said, and we're going to focus on the first word that was written, or verbally declared. If he said, "Havu, la arbomeo zusi," I double another word, "Havu, give 400 zus," well, that means like real 400 zus, and you would write into the document, dínún thám ní meh, that would be 800, or maybe. E amar, if he had said, and I double another word, "havu," and I put it in a quotation mark, "Havu, la arbomeo zusi," write out for 400 zus, well, that means write out, but dínún must, and it's really only 200. That's the first question of ravashi, said, "Acadamí, squílanda in the ekadamí, and underlined amar ravashi." In the second lesson, it's a different point that's being focused on chazinan, where you look into this. E amar, if what was said, was líxubas arbomeo zusi, I double underlined the lamet, and put those four words in quotation marks. If líxubas arbomeo zusi, well, translate as, let's say, for the ksuba, 400 zus, then in utamí meh, that's basically written, and that's 800, and it's a real 400. Ví amar, if, however, the word that was used was, and I put these four words in quotation marks, bíxubas arbomeo zusi, double under in the base, in the ksuba, that indicates the inun masan. It's basically like write into the ksuba, which, if you write in 400, then it's really only 200. The kimmar concludes, though, and says, of l'ohí, that ain't the case, l'ohishna d'ammar líxubas, so l'ohishna d'ammar bíxubas doesn't make any difference, which one of those two terms are used? In all the cases, it's going to be arbomeo zusi, it's what you write in, de inun masan, it's really 200, until adamar, and this actually would mean that it should be the higher amount, adamar havula stama, till he said to her, havula, without mentioning anything about the ksuba, just give her, and whatever amount he says, that's the real amount that she gets, and if you're going to write into a ksuba in a place where they double, you double that amount. Hu gavra, I put a, I put a, I don't know, double underline this word, a hu gavra, but eight lines later, first word on the line is de kagazim, then there's a hu gavra, I put a diameter on that, and the last word on the first wide line is a hu, go ahead and thanks langavrae, double underline that, so let's have three cases of this guy, probably different guy each time. Hu gavrae, there was this guy, here's the first one, de kabalaramahavrae, he was going to take land from his friend to work it, amar, and he said something which sounds like bombastic, if there was anything that was bombastic, we said in this type of scenario, emovarnala, if I let this land like, like fallow, in other words, I don't work it, you have no alphas, I'll give you a thousand zoos, it's like somebody who has a job working a field for, I don't know, 25,000 dollars a year, he says, if I don't work this field, I'll give you half a million dollars, just some crazy amount, well, you never guess what happened, he actually left part of that field that he never worked over, how much, tilsa one third, well, what do we do now, I'm in a hard die, I struggled in the hard deans, they say, well, you know what, the collect law should be, in this case, de nohu de yavlae, plasamea, the talcen, the talsa, the tilsa, 333, so if I say I'm going to work your field, that if I say I don't work, I'll give you a million dollars, I'd have to give you $333,000, 333, 333, and 33 and 33 and a third cents, it's basically a percentage of whatever this crazy amount that was promised is, whereas Rafa, who we circled them are, no, this is a famous example of an asmakta, it was a mere reliance, it wasn't like written into the document, and asmakta le cania is not binding, period, well, one second, Rafa house is any different than the case that we had in our Mishnah, well, the Rafa house is different than it's not, here is about a one line quote of that, this Mishnah, emo ver, below yavid, as Shalim, emay tabah, if I leave it fallow and don't work it, I will pay with the best stuff, well, what do you mean what the difference is? There's a simple difference, ha-sa, I'm in the Mishnah, like a gazim, if you guarantee someone that you're going to work the field, then in fact, you'll give them the highest quality stuff, well, that's like on the normal realm of what people do, whereas ha-ha, however, here, came in to come our milsah, you say rasa, since he said that he doesn't work the field, he'll pay him a million dollars, really, guzmabah almohu, dekagas, and that's merely an exaggeration, and it is not binding. Hu-gavra, this is the next case, de kabil ar-la shumshimi, he took a deal where he was going to work somebody else's land, to plant sesame seeds, zarahiti, however, he planted wheat seeds, and the sunflower seeds are more valuable, but the sunflower seeds also sat more of the nutrients from the soil, so by him planting wheat, he's using up less of the nutrients of the soil, and it just so happened that this crop of the shumshimi, that there was more hriten, and therefore, it was actually just as valuable as if he had planted shumshimi. Savar of khanala maimars, or of khanala figure, just say, minachhile kehasha dara, that in that case, the worker, the guy, the shar cropper, should actually get a discount because he was using up less nutrients of the landowner's land. Well, Amalir Vashi, revashhets revkahana, amriinshi, well, not really, because you know what people say, kehasha ar-la kehashmara, rather, he use up a little bit more, there's just the land, and not weaken the financial portfolio of the landowner, which basically means the landowner does not want to lose, even if it means that his land will have to be a little bit more sapped of its nutrients. Hu gawra, this is the last case, there was a guy, the kabala ar-la shumshimi, he also agreed to work somebody else's land, and it would go sesame seeds, our hriti planted wheat, and actually, in this case, after hriti, it's fei, I double underline the words fei, the wheat was actually more valuable than the shumshimi would be, saver vina le maimar, he figured to say, yo yiv lei shvakha de beinibini, that whatever the, you know, additional benefit is above what the shumshimi normal would be, that should be some sort of bonus. Amalir vahda me difti, excuse me, Amalir vahda me difti, says for vina, well, one second, does that really make sense? Atu, Hu wa shvakha was the worker that is responsible for all of this increased benefit or increased value, kama connector, ar-la shvakha, but you think the land didn't, and anything like, of course it in the land is owned by the balabas, period adkad.