1)

INCOMPLETE COINS (cont.) [line 1]

(a)

Question: (If a coin lacks too much), until when may one return it?

(b)

Answer: In a big city (in which there are moneychangers), one may return it until the time needed to show it to a moneychanger;

1.

In a village, one may return it until Erev Shabbos (when people buy needs of Shabbos, and would find that it is lacking).

(c)

If the one who gave the coin recognizes it, he should accept it even after 12 months. He only has complaints (this will be explained).

(d)

A deficient coin may be used to redeem Ma'aser Sheni, since a proper person accepts it.

(e)

(Gemara) Contradiction (Beraisa): Until how much can a Sela lack, and one who gives it transgresses Ona'ah?...(If it lacks exactly this amount, it is disqualified. Our Mishnah accepts it!)

(f)

Answer (Rav Papa): The Mishnah starts from below (a small lack is acceptable, until but not including she Shi'ur each Tana said, e.g. four Isarim). The Beraisa starts from above (a big lack is Ona'ah, until and including the Shi'ur).

(g)

Question: Why do the Tana'im argue only about Ona'ah of a coin? They do not argue about a purchase (in the Mishnah 49b)!

(h)

Answer #1 (Rava): They argue also about a purchase. That Mishnah is R. Shimon, who says that one part in six is Ona'ah.

(i)

Answer #2 (Abaye): Regarding a garment, one pardons up to a sixth. If needed, one overpays for clothing;

1.

However, if people will not accept a coin, one who received it is not appeased!

(j)

(Beraisa - R. Meir): A Sela can lack up to four Isarim, one Isar per Dinar, and one does not transgress Ona'ah;

(k)

R. Yehudah says, it can lack up to four Pundeyonim, one Pundeyon per Dinar.

(l)

R. Shimon says, it can lack up to eight Pundeyonim, two Pundeyonim per Dinar.

(m)

If it lacks more than this, it is sold for its value.

(n)

Question: How much can a deficient coin lack, and one may keep it (we are not concerned lest it be used to deceive)?

(o)

Answer: A Sela may lack up to a Shekel (half a Sela. If it lacks more than the permitted Shi'ur one may amount for a Sela, this is recognizable, but when it is less than a Shekel, others might think that it is a proper Shekel and accept it in place of a Shekel.) A Dinar may lack until Rova (a quarter).

1.

An Isar less than this, it is forbidden.

2.

He may not sell it to a merchant, extortionist or murderer, for they will deceive others with it.

3.

Rather, he should make a hole in it and let his child wear it like a necklace.

(p)

Question: Why may one keep a Sela until it lacks half, but one may keep a Dinar until it lacks a quarter?

(q)

Answer (Abaye): The Beraisa means that a Dinar can lack until a quarter of a Shekel, which is half a Dinar.

(r)

Support (Rava): The Beraisa says 'Rova' (which can denote a quarter Dinar or a quarter Shekel).' It does not say 'Revi'i (a quarter, which would clearly mean a quarter Dinar).

(s)

Question: Why does the Tana express the amount with respect to a Shekel? He should say 'until half (of its own value)'!

(t)

Answer: This teaches (concisely) that one may keep a deficient Shekel that now weighs a Dinar. This supports R. Ami.

1.

(R. Ami): One may keep a deficient Shekel that now weighs a Dinar. One may not keep a deficient Sela that now weighs a Dinar (since it comes from a thick, wide coin, people might think that it is a Shekel).

2)

KEEPING DEFICIENT COINS [line 35]

(a)

(Beraisa): An Isar less than this, it is forbidden.

(b)

Question: What does this mean?

(c)

Answer #1 (Abaye): If it lacks an Isar more than the allowed deficiency, one may not use it.

(d)

Rejection (Rava): If it lacks anything more than the allowed deficiency, one may not use it!

(e)

Answer #2 (Rava): If a Sela lacks an Isar per Dinar, one may not use it. The Beraisa is R. Meir (in the previous Beraisa).

(f)

(Mishnah): If a Sela was disqualified and fixed to be used for weighing, it receives Tum'ah (for it has been transformed into a Kli);

1.

Until how much can a coin lack, and one may keep it? A Sela may be until two Dinarim (half a Sela). If it is less than this, he must cut it (in half).

(g)

Question: If more than two Dinarim remain, what is the law?

(h)

Answer #1 (Rav Huna): Whether more or less than two Dinarim remain, he must cut it.

(i)

Answer #2 (R. Ami): If less than two Dinarim remain, he must cut it. If more than two Dinarim remain, he may keep it.

52b----------------------------------------52b

(j)

Question (against Rav Huna - Beraisa): If more remains, he sells it for its value.

1.

Suggestion: The case is, it lacks more than the amount of Ona'ah (he sells it according to its weight).

(k)

Answer: No, it lacks less than the amount of Ona'ah (he sells it for its minted value, a Sela).

(l)

Question (Beraisa): Until how much can a coin lack, and one may keep it? One may keep a Sela until a Shekel.

1.

Suggestion: It decreases gradually, and one may keep it until it is less than a Shekel.

(m)

Answer: No, it fell into a fire. The decrease came all at once.

(n)

(Beraisa): He makes a hole in it and his child wears it like a necklace.

(o)

Contradiction (Beraisa): One may not use a deficient coin like a weight, nor throw it among his broken silver Kelim, nor make a hole in it to be a necklace for his child. Rather, he pulverizes it, melts it, cuts it or throws it in the Dead Sea.

(p)

Answer: One may make a hole in the middle, but not in the side (lest a swindler even it out to make it look proper).

3)

RETURNING DEFICIENT COINS [line 13]

(a)

(Mishnah): In a big city, he may return it until the time needed to show it to a moneychanger. In a village, he has until Erev Shabbos.

(b)

Question: Why does the time to return coins vary between cities and villages, but not for returning a purchase (the Mishnah 49b)?

(c)

Answer #1 (Abaye): The Mishnah about a purchase teaches the law for cities (indeed, the law in villages is different)!

(d)

Answer #2 (Rava): Everyone knows the value of a garment, but only moneychangers are proficient about coins;

1.

In a city, one can show it to a moneychanger. In a village, he will find that it is lacking when he tries spending it Erev Shabbos, when people buy needs of Shabbos.

(e)

(Mishnah): If the one who gave the coin recognizes it, he should accept it even after 12 months...

(f)

Question: Where does this apply?

1.

In big cities, one has only the time to show a moneychanger!

2.

In a village, one has only until Erev Shabbos!

(g)

Answer (Rav Chisda): The Mishnah discusses one who wants to go beyond the letter of the law.

(h)

Question: The Mishnah continues 'he only has complaints.' Rather than have complaints, he should (stick to letter of the law, and) not accept it!

(i)

Answer: It means that if the one who gave it does not accept it back, the receiver has only complaints. (He caused his own loss by delaying.)

(j)

(Mishnah): He may use it to redeem Ma'aser Sheni, for only a bad person refuses it.

(k)

Inference (Rav Papa): One who does not accept deficient coins is a bad person.

1.

This is only if the coins are accepted (by most people).

(l)

This supports Chizkiyah.

1.

(Chizkiyah): If one exchanges a deficient coin (above the amount of Ona'ah) for Perutos, he exchanges according to its value (weight). He redeems onto it as if it were a good coin.

2.

Question: What does this mean? (The first law is obvious, from the Mishnah!)

3.

Answer #1: Even though if one exchanges a deficient coin for Perutos, he exchanges according to its value, one redeems onto it as if it were a good coin.

4.

Objection: Here, Chizkiyah is lenient about Ma'aser Sheni;

i.

Contradiction (Chizkiyah): If Ma'aser Sheni is worth less than a Perutah, he redeems it and its Chomesh onto prior coins (coins already used to redeem Ma'aser), for surely he was not exact (the prior coins were worth more than the Ma'aser he redeemed on them, and can redeem also this Ma'aser. Since Chizkiyah requires using coins worth more than the Ma'aser, surely he does not allow redeeming on deficient coins as if they were good!)

5.

Answer #2: Rather, Chizkiyah says 'he redeems onto it like a good coin', i.e. no more than it is definitely worth;

i.

We allow only one leniency (we do not consider it an Asimon that is invalid for redemption).

4)

REDEEMING MA'ASER WORTH LESS THAN A PRUTAH [line 46]

(a)

(Chizkiyah): (One who redeems his Ma'aser Sheni must add a Chomesh, i.e. a quarter of the principal.) If Ma'aser Sheni is worth less than a Perutah, one may redeem it and its Chomesh on prior coins (i.e. Ma'aser was previously redeemed on them), for surely he was not exact (the coins were worth more than the Ma'aser he redeemed on them and its Chomesh).