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BAVA METZIA 55

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BAVA METZIA 51-55 - Dedicated by Andy & Nancy Neff of Teaneck, N.J. in honor of those who learn the Dafyomi around the world.

SUMMARY

An extra fifth is only added when Hekdesh is redeemed for the first time but not when it is redeemed a second time.
 
No Korbanos may be brought in the Mizbe'ach prior to the Tamid Shel Shachar.
 
If someone redeems a cow or a Talis of Hekdesh on another cow or Talis without specifying a specific amount it is a valid redemption and Hekdesh has the upper hand. (1)
 
If he says this cow or Talis for five Sela'im shall be used for the redemption of a cow or Talis of Hekdesh it is a valid redemption even if it is worth less. (2)
 
If someone over or undercharges by four Kesef on an item that is worth one Sela which is 1/6th it is Ona'ah.
 
According to the Tana of our Mishnah the Din of Ona'ah doesn't apply unless the amount of the Ona'ah was more than a Perutah, while Levi disagrees in the Beraisa. (3)
 
A person is not obligated to swear a Shevu'as Modeh b'Miktzas unless the claim is at least two Ma'ah Kesef and he admitted to at least one Perutah.
 
A person who is Mekadesh a woman with Kesef must give her at least a Perutah.
 
Someone who benefits from Hekdesh b'Shogeg at least the amount of a Perutah must bring a Korban Me'ilah.
 
If a person finds a Metzi'ah that is worth at least a least a Perutah he must announce it even if the Metzi'ah subsequently depreciated to less than the value of a Perutah.
 
Someone who steals from his friend at least a Perutah and swears falsely must return the Perutah even if he has to travel to Madai.
 
Levi states in the Beraisa that Beis Din will only judge a monetary dispute if the amount of the dispute is at least a Perutah,
 
R. Katina says if Beis Din was judging a dispute of one Perutah and the defendant subsequently claimed less than a Perutah from the claimant Beis Din must judge that case as well.
 

 
R. Ami says if Ma'aser Sheni is worth less than a Perutah it may not be redeemed, while R. Asi says even if the Chomesh (fifth) is worth less than a Perutah it may not be redeemed.
 
If a non-Kohen eats b'Shogeg Terumah, Terumas Ma'aser, Terumas Ma'aser of Demai, Chalah or Bikurim he must pay the principle plus a fifth to the Kohen.
 
A person who redeems his own Neta Reva'i or Ma'aser Sheni or Hekdesh must add a fifth to the redemption.
 
Someone who benefits from Hekdesh b'Shogeg at least the amount of a Perutah must pay the principle plus a fifth to Hekdesh
 
Someone who steals from his friend and swears falsely must pay an additional fifth.
 
If someone was a Shali'ach to bring a Get from overseas and he gave the Get to the wife without saying B'Fanai Nichtav and B'Fanai Nichtam if she remarried she must leave he husband and her children from that husband is a Mamzer according to R. Meir. (4)
 
R. Meir holds that anyone who alters in any way from the dictates of the Chachamim regarding the Dinim of a Get if the woman remarries the child is a Mamzer.
 
The Rabanan hold even if the Shali'ach didn't say B'Fanai Nichtav the child is not a Mamzer and if he failed to say B'Fanai Nichtav he should take the Get back and give it to her again in front of witnesses and say B'Fanai Nichtav..
 
Ma'aser Sheni of Demai may be redeemed from silver on silver, or copper on copper, or silver on cooper and copper on fruit but he must redeem the fruit on money again and bring the money to Yerushalayim. (5)
 
The Chachamim hold that if he redeems copper of Ma'aser Sheni of Demai it is not necessary to redeem the fruit again on money and he may bring the fruit to Yerushalayim.
 
If a silver coin of Ma'aser Sheni got mixed up with a coin of Chulin he shall bring copper coins equal to the value of the bigger of the two silver coins and he shall say whichever coin is Ma'aser shall be redeemed on these coins and than he shall redeem the copper coins on the bigger of the two coins.

A BIT MORE

1. If the cow or Talis that he is using for the redemption is more valuable than the cow or Talis he is redeeming Hekdesh is Koneh the entire cow or Talis, but if it is less valuable he must make up the difference.
 
2. Even though he specified an amount and it is not worth that amount and it is also worth less than the value of the Hekdesh he is redeeming the redemption is valid because if one redeems a Manah of Hekdesh on one Perutah the redemption is valid, however he must make up the difference to Hekdesh.
 
3. According to the Tana of our Mishnah the amount of the Ona'ah must be at least one Isar which is a silver coin, while Levi holds even if the Ona'ah was only one Perutah the Din of Ona'ah applies.
 
4. The Rabanan require a Shali'ach who brings a Get to say B'Fanai Nichtav and B'Fanai Nichtam in order to ensure that the Get was written Lishmah and that to affirm the signatures of the witnesses. If the Shali'ach failed to say B'Fanai Nichtav the Get is Paul even b'Di'eved according to R. Meir.
 
5. Although one may not redeem silver coins of Ma'aser Sheni on other silver coins and one may only redeem a silver coin on copper coins if it is absolutely necessary, nevertheless with respect to Demai the Rabanan were lenient, however if he redeems the coins on to fruit R. Meir holds he may not bring the fruit to Yerushalayim and he must redeem it back on coins and bring the coins to Yerushalayim.

BRIEF INSIGHT

LESS THAN A PERUTAH
 
Levi states in the Beraisa that Beis Din will only judge a monetary dispute if the amount of the dispute is at least a Perutah. The Ritva says that this applies only if the claim is on a payment of money but he claim is on an object that is in existence even if it is worth less than a Perutah the Beis Din will hear the case.

QUICK HALACHAH

ONA'AH FOR A MERCHANT
 
A person is not obligated to return Ona'ah unless the amount is more than a Perutah, if the amount is exactly a Perutah he is not obligated to return it. According to some opinions he is obligated to return a Perutah. It is a Safek if it is permitted to overcharge or underpay your friend by less than the amount of Ona'ah if the amount is at least a Perutah, however regarding a coin that is rubbed out less than the amount of Ona'ah it is permitted l'Chatchilah to use it as currency. (Shulchan Aruch CM 227:6)

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