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BAVA METZIA 46

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PAST DEDICATION
BAVA METZIA 46-49 - Dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb Yitzchok Yakov ben Eliyahu Grunberger. Irving Grunberger helped many people quietly in an unassuming manner and is dearly missed by all who knew him. His Yahrzeit is 10 Sivan.

SUMMARY

If someone is standing in the granary and he doesn't have money with him he may give the Ma'aser Sheni to his friend as a gift and than say that the Ma'aser Sheni shall be redeemed on money that I have in my house. (1)
 
If he does have money on him he shall be Makneh the money to his friend with Meshichah and his friend shall redeem the Ma'aser Sheni. (2)
 
Coins may not be acquired by way of Chalipin.
 
If a person owes money to his workers and he instructs a moneychanger to give him a Dinar worth of copper coins and promises that he will given him a Dinar plus an extra Trisis (small coin) from money that he has in his house if he has the money in the house it is permitted but if not it is forbidden. (3)
 
It is forbidden to borrow a Se'ah of grain on condition that to return a Se'ah at a later date, but if you borrow it until your son arrives or until you find the key to your granary it is permitted.
 
Anything that requires evaluation when it is given in place of money (i.e. Metaltelin) if it is given for a Kinyan Chalipin as soon as a Kinyan Meshichah is made he is Koneh the object that it is being traded for.
 
R. Sheshes holds fruit may be used for a Kinyan Chalipin, while R. Nachman holds only a utensil may be used for Chalipin.
 
R. Yochanan says Min ha'Torah an when money changes hands it is a Kinyan, however the Rabanan decreed that it is not Koneh because of the possibility that the wheat he is purchasing will go up in flames. (4)
 
Although the Rabanan decreed that money is not Koneh, however if a person purchased an ox and after he did Meshichah they agree that a cow will be given in place of the money that is owed by the buyer he is Koneh. (5)
 
Reish Lakish holds that Min ha'Torah Meshichah is Koneh, but money is not Koneh.
 
If two people are trading Metaltelin if one of them makes a Kinyan on the Metaltelin he is receiving they are both Koneh even if they are trading a purse full of money for another purse full of money. (5)

A BIT MORE

1. The owner of the Ma'aser Sheni must add an additional fifth when he redeems his own Ma'aser Sheni, however someone other than the owner doesn't add a fifth therefore he first give the Ma'aser Sheni as a gift so that he is no longer the owner and than he redeems it so that he will not have to additional a fifth.
 
2. If he has money with him it is preferable to be Makneh the money to his friend rather than to give him the produce of Ma'aser Sheni because it doesn't give as much as an appearance of deception that he is trying to give.
 
3. If he has the money in his house it is not Ribis because the moneychanger is Koneh the money that he has in his house immediately with Chalipin and the prohibition of Ribis only applies if you are giving more than you received as a reward for allowing you to hold on to the money for a period of time. In this case however, you are immediately paying him back so you do not have the money for any period of time. According to the opinion that coins may not be acquired by way of Chalipin he had cooper unstamped coins in his house and since it is not valid currency it may acquired by way of Chalipin
 
4. The concern is that the wheat will remain in the hands of the seller after the money changed hands and if a fire breaks out the seller will not make the effort to save it from the fire because it is no longer in his possession, therefore the Chachamim decreed that money is not Koneh and consequently the wheat remains in the possession of the seller and since he may back out if the value goes up he has incentive to save it from the fire
 
5. Since this a rare case as the money never changed hands the decree of the Rabanan that money is not Koneh doesn't apply and he is Koneh the cow with the money that is owed to him by he buyer.
 
6. According to the opinion that money may not be used for Chalipin the purse was full of money that was invalidated by the Kingdom or by the state and since it is not valid currency it has the status of fruit and it may be acquired with Chalipin.

BRIEF INSIGHT

DIFFERENT TYPES OF CURRENCY
 
If a person owes money to his workers and he instructs a moneychanger to give him a Dinar worth of copper coins and promises that he will given him a Dinar plus an extra Trisis (small coin) from money that he has in his house if he has the money in the house it is permitted but if not it is forbidden. R. Ashi explains that if the money is your house it is permitted even if you are not Makneh the money to him with Chalipin because it is similar to someone who requests a loan until his son arrives or until he finds his key. Tosfos asks that it is permitted to borrow a Se'ah of grain on condition to give back a Se'ah of grain if you are borrowing only until you find your key since it is only Ribis d'Rabanan, but in this you are paying back more than you borrowed and it is forbidden Min ha'Torah and consequently it shall be forbidden even if you are only borrowing until you find your key. Tosfos answers that in this case also it is only forbidden d'Rabanan since you borrowed copper coins and you are giving back a silver Dinar which is a different type of currency.

QUICK HALACHAH

GOLD AND SILVER
 
Bars of gold and silver and other types of metal are no different than any Metaltelin and may be acquired with a Kinyan and are Koneh each other if they are traded. However, coins of silver, gold and copper are regarded as currency with relation to other Metaltelin and someone who gives one of them as payment for Metaltelin is not Koneh and they may not be acquired with a Kinyan and may not be used for a Kinyan. Consequently, someone who sets aside coins which will be traded for Metaltelin and a Kinyan is made on the Metaltelin since he is not Koneh the coins it is also not a Kinyan on the Metaltelin even though he did Meshichah, however that is only the case if the money is being traded for the Metaltelin as he had set aside the money, but if it is a purchase and the money is being given as payment, as soon as a Kinyan is made on the Metaltelin he is Chayav to pay the money. (Shulchan Aruch CM 203:3)

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