POINT BY POINT OUTLINE
prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
1) THE CURSE
(a) Question (against Reish Lakish - Mishnah): ...However, Chachamim said 'He who punished the generations of the flood and the dispersion, He will punish one who does not honor his word.'
1. If (mid'Oraisa) coins acquire, we understand why one who retracts is cursed this way.
2. But if coins do not acquire, one who retracts merely does not fulfill his word. Is he cursed for this?!
i. (Beraisa - R. Shimon): Chachamim said that a garment acquires a Dinar, but a Dinar does not acquire a garment, and they do not force the seller to give it. However, Chachamim said, He who punished the generations of the flood and the dispersion, the people of Sodom and Amora and the Mitzriyim at the sea, He will punish one who does not honor his word;
ii. If one verbally agreed to buy or sell, this is not a Kinyan. Chachamim are displeased with one who retracts.
iii. (Rava): There is no curse for this, just Chachamim are displeased.
(b) Answer: If one verbally agreed to buy or sell, and money was given, and he retracts, he is cursed;
1. If one verbally agreed to buy or sell, but money was not given, and he retracts, he is not cursed.
(c) (Rava): A verse and a Beraisa support Reish Lakish.
1. A verse supports him - "and he will deny to his colleague a deposit, bi'Seshumes Yad... or Oshak..."
2. (Rav Chisda): "Bi'Seshumes Yad" refers to a Kli that the borrower designated to be a security for a loan (a borrower brings a Korban for denying the loan and swearing falsely only if he designated a security);
i. "Oshak" is a Kli that the employer designated to be security for paying his worker.
3. When the Torah discusses his admission, it says "he will return... ha'Oshek...", but it does not mention Teshumes Yad!
4. Suggestion: It omits this because the lender need not return it, for he never acquired it, for he never did Meshichah!
(d) Question (Rav Papa): Perhaps the Torah need not say that he returns it, because we learn from Oshek!
(e) Answer (Rava): We cannot learn from Oshek. The case of Oshek is when the worker took the Kli for a security, and returned it to the employer.
(f) Question: If so, it is a deposit! (The verses also discuss denying and returning a deposit.)
(g) Answer: The Torah discusses two kinds of deposits.
(h) Question: If so, the Torah should also mention returning Teshumes Yad, when the lender took the Kli for a security and returned it!
(i) Answer: Had it done so, we would not know whether or not Meshichah is needed. Now that it is omitted, we learn that (sometimes one need not return it, for) Meshichah is needed.
(j) Question: The Torah teaches about returning Teshumes Yad!
1. (Beraisa - R. Shimon): Everything mentioned (regarding the denial) is also alluded to in the verse of returning - "Oh mi'Kol Asher Yishava Alav la'Sheker".
2. (Rav Nachman): This comes to include (that one must return) Teshumes Yad.
(k) Answer: In any event, it was not mentioned explicitly. (This teaches that it is only returned when it is like a deposit, i.e. the lender took it for a security, and returned it. This is because Meshichah is needed to acquire it.)
(l) Support (for Reish Lakish - Beraisa): If b'Shogeg Reuven gave Hekdesh money to a bathhouse attendant (to pay for a bath that he will take), Reuven transgressed Me'ilah;
1. (Rav): This refers only to a bathhouse attendant, for nothing requires Meshichah. When Meshichah is required, Me'ilah takes place only when he is Moshech (for this completes the transaction).
2. Question (Beraisa #1): If b'Shogeg Reuven gave Hekdesh money to a barber (so he will cut his hair), Reuven transgressed Me'ilah;
i. We should say that Me'ilah is only after he is Moshech the instruments used to cut!
3. Answer: The Beraisa discusses a Nochri barber, who does not acquire through Meshichah.
4. Support (Beraisa #2): If b'Shogeg Reuven gave Hekdesh money to a barber, ship driver or any professional, he does not transgress Me'ilah until he makes Meshichah.
i. Question: This contradicts Beraisa #1!
ii. Answer: Beraisa #1 discusses a Nochri barber. Beraisa #2 discusses a Yisrael barber.
(m) (Rav Nachman): Money acquires mid'Oraisa.
(n) Levi (in his own Tosefta): If b'Shogeg Reuven gave Hekdesh money to a wholesaler, Reuven transgressed Me'ilah.
(o) Question: This contradicts Reish Lakish (he did not do Meshichah)!
(p) Answer: That teaching is like R. Shimon.
2) WHO CURSES?
(a) (Mishnah): However, Chachamim said, He who punished...
(b) (Abaye): Beis Din informs him (the one who wants to retract) that Hash-m will punish him.
(c) (Rava): Beis Din curses him.
1. Abaye did not say they curse him, for this is forbidden - "v'Nasi v'Amecha Lo Sa'or"!
2. Rava says that that applies only to "Amecha", one who acts like a Yisrael.
(d) Rava learned from an episode in which people paid R. Chiya bar Yosef money to buy salt. Salt rose in price.
1. R. Yochanan: Honor the sale. If not, you will accept on yourself 'He who punished...'
2. If Beis Din merely informs him, there would be no need to inform R. Chiya bar Yosef!!
(e) Objection: If Beis Din curses him, could one imagine that R. Chiya bar Yosef would accept a curse of Chachamim?!
(f) Answer: The case was, they gave partial payment. R. Chiya thought that he is obligated to sell only as much as was paid. R. Yochanan told him that he must honor the entire sale.
3) PARTIAL PAYMENT
(a) (Rav): Partial payment obligates the seller to give only the value of what was paid;
(b) (R. Yochanan): It obligates him to sell the entire object.
(c) Question (against Rav - Beraisa - R. Yosi): If Reuven gave Shimon a security (to guarantee that he will buy a certain matter from Shimon) and said 'if I retract, you may keep this', and Shimon said 'if I retract, I will give double your security (worth of what he sells)', their Tanayim (stipulations) take effect;
1. This is like R. Yosi holds elsewhere, that Asmachta (an exaggerated promise) takes effect.
2. R. Yehudah says, Reuven acquires only as much as the value of the security (and if he retracts, he gets back his security);
3. R. Shimon ben Gamliel: They argue about when he said 'my security should acquire (like a security. It is not the beginning of payment)';
i. But if Reuven was buying land and paid half the price, he acquires it all immediately. The rest of the money can be given years later.
ii. Suggestion: The same applies to Metaltelim. (Money 'acquires' them, i.e. the seller cannot retract without suffering the curse.) Part of the money also 'acquires' all of them (like land) without any Tenai.
(d) Answer: No, money 'acquires' only its own value of Metaltelim.
(e) Question: What is the difference between land and Metaltelim?
(f) Answer: Money truly acquires land, therefore, part of the money acquires all of it;
1. Money 'acquires' Metaltelim only to obligate the seller to suffer a curse if he retracts. Part of the money does not 'acquire' all the Metaltelim.