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BAVA METZIA 67

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PAST DEDICATION
BAVA METZIA 66-67 - Dedicated by Andy & Nancy Neff of Teaneck, N.J. in honor of those who learn the Dafyomi around the world.

SUMMARY

If someone sells a product for a sixth more than its value it is Ona'ah and the extra money must be returned because he doesn't know that he overpaid and he is not Mochel.
 
If girl does Mi'un or someone divorces his wife because she is an Ailonis (a woman who is infertile), or a Sheniyah (a woman who is forbidden d'Rabanan) they do not receive a Kesuvah, or Peiros, or Ba'alus (clothing of the dowry). (1)
 
If someone sells land on condition that if he attains the money the land will be returned to him the land shall be returned to him and the fruit that the buyer ate is Ribis d'Rabanan and Beis Din doesn't force the buyer to give it back. (2)
 
If land was given as a Mashkon and the lender ate the fruit of the land it is a Safek if the Beis Din forces the lender to give the fruit back
 
If land was given as a Mashkon in a place where the Minhag is that the borrower may take the land back whenever he repays the money if the lender ate fruit of the land that was worth the amount of the Chov the borrower may take the land and keep the money and the fruit that he ate is payment for the Chov. (4)
 
R. Ashi holds that even though he ate fruit that was worth the entire amount of the loan it is not subtracted and the borrower must repay the money.
 
If the lender ate more that the amount of the Chov he is not obligated to pay the borrower for the fruit that he ate and even if he is owed additional money from a different Shtar by the same borrower the extra fruit that he ate is not subtracted from the loan.
 
If the borrower is an orphan and the lender ate more that the amount of the Chov he must pay for it and if he is owed additional money from a different Shtar by the same borrower the extra fruit that he ate is subtracted from the loan.
 
If a person gives land as a Mashkon in a place that the Minhag is that he has the right at any time to repay the loan and take back the land the lender may only eat the fruit of the land if he pays a yearly fee that he subtracts from the loan. (5)
 
A Talmid Chacham should not eat the fruit of a Mashkon even if he pays a yearly fee that he subtracts from the loan. (6)
 
According to the first Lashon if the lender eat the fruit of the Mashkon for five years without paying a yearly fee and beyond five years he must subtract from the loan all of the fruit that he eats it is a Machlokes between R. Acha and Ravina if it is permitted.
 
According to the second Lashon if the lender pays a yearly fee for eating the fruit of the Mashkon for five years and beyond five years he must subtract from the loan all of the fruit that he etas it is a Machlokes between R. Acha and Ravina if it is permitted. (7)
 
Everyone agrees if the parties stipulate that after a certain number of years the Mashkon will be returned to the borrower without any payment it is not Ribis and it is permitted even for a Talmid Chacham. (8)
 
If a Mashkon is given in a place where the Minhag is that he has the right at any time to repay the loan and take back the land if the lender dies the Ba'al Chov of the father may not collect the fruit of the Mashkon from the orphans and the Bechor doesn't take a second portion from the fruit and Shvi'is is Meshamet the Chov. (9)
 
In a place where the Minhag is that the borrower may not take back the land any time that he repays the loan the Ba'al Chov of the father may collect the fruit of the land and the Bechor takes a second portion and Shvi'is is not Meshamet the Chov.
 
If a person gives land as a Mashkon in a place that the Minhag is that he has the right at any time to repay the loan and take back the land when he takes the land back he takes even the dates that were harvested and were put laid out to dry on mats. (10)
 
If the lender picked up the dates to place them in baskets he is Koneh with Hagbahah and the borrower my not take them back and according to the opinion that the utensils of a buyer is Koneh on the Reshus of the seller is Koneh even if he didn't pick them up he is Koneh.
 
If a Mashkon is given in a place where the Minhag is that the borrower may repay the loan and take back the land at any time if the borrower stipulates at the time of the loan that he will not take back the land no Kinyan is necessary. (12)
 
If a Mashkon is given in a place where the Minhag is that the borrower may not take back the land at any time if the borrower stipulates at the time of the loan that he will has the right to take back the land at any time it is a Machlokes if a Kinyan is necessary.
 
If a Mashkon is given in a place where the Minhag is that the borrower may take back the land at any time once the borrower states that he is ready to give the money the lender may not continue to eat the fruit of the Mashkon.
 
If the borrower states that he is ready to make the effort to get the money it is a Machlokes if the lender may continue to eat the fruit of the Mashkon until he is actually given the money.

A BIT MORE

1. They do not do even receive the dowry that they brought into the marriage and was written in the Kesuvah nor do they receive the fruit of the Nichsei Melug that the husband ate nor do they receive the clothing of the dowry even if they are still in existence. A girl that did Mi'un doesn't receive a Kesuvah because she left him on her own initiative, a Sheniyah doesn't receive a Kesuvah because the Chachamim penalize her so that she will not persuade someone who is forbidden to her to marry her and an Ailonis doesn't receive a Kesuvah because it is a Mekach Ta'us.
 
2. It is forbidden to sell a field on condition that it will be returned to him because it is tantamount to a loan and the fruit that the buyer eats is Ribis. .
 
3. Because the Beis Din is regarded as the father of orphans and they are not Mochel the extra fruit that was eaten
 
4. Since the lender is not paying a yearly fee that he is subtracting from the Chov for the right to eat the fruit the fruit that he eats is Ribis.
 
5. Since he subtracts a fee from the Chov even if the land doesn't produce any fruit at all therefore even if he eats more fruit than the value of the loan it is not Ribis. However, in a place that the Minhag is that the borrower may not repay the loan at any time and take back the loan it is not necessary for the lender to pay a fee every year because it is akin to a sale and it is not Ribis.
 
6. Even though it is permitted for everyone else, however a Talmid Chacham must act above reproach lest others learn from him to treat prohibition lightly.
 
7. According to this Lashon if the lender doesn't pay a yearly fee for the first five years every one agrees it is forbidden.
 
8. It is not Ribis because it doesn't appear like a loan it appears that the lender is buying the fruit of the land for the money that he gave.
 
9. Since the borrower may take back the land at any time the only thing the lender has in the land is a Shibud for the Chov and a Ba'al Chov may not collect Metaltelin from the orphans and a Bechor may not take a second portion because a Bechor doesn't take a second portion from a loan that is owed to the father and since all the father had was a Shibud for the fruit it is no better than a loan that is owed to him and Shevi'is is Meshamet even though a loan with a Mashkon Shvi'is is not Meshamet.
 
10. The mats are placed directly underneath the trees and the dates that are harvested fall onto the mats and therefore the lender is not Koneh with Hagbahah.
 
11. The exchange of money is a sufficient Kinyan because Karka is Nikneh with Kesef and therefore no further Kinyan is necessary.

BRIEF INSIGHT

REBUYING A SOLD FIELD
 
A person sold his land to one of his relatives and he made a condition that if he attains the money the land will be returned to him, the land shall be returned to him and the fruit that the buyer ate is Ribis d'Rabanan and Beis Din doesn't force the buyer to give it back. The Pnei Yehoshua explains that the seller made this condition before the sale and therefore it is exactly the same case that was mentioned previously and it is forbidden because it is Ribis and the only question is if it is Ribis Min ha'Torah or d'Rabanan. However if the condition was made only after the sale was made it is as if he said if I want I will return it to you and there is no difference whether the condition was made by the seller or the buyer and it is not Ribis.

QUICK HALACHAH

A SALE WITH A CONDITION
 
Someone who instructs his friend to buy him a field from Ploni and the seller tells the Shali'ach I will sell to you on condition that when I have the money you will return it to me and the Shali'ach responds that you and the buyer are good friends and decide among yourselves the condition is valid with and the field must be returned and he must return the fruit that he ate. (Shulchan Aruch YD 174:3)

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