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BAVA METZIA 72

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BAVA METZIA 71-72 - Dedicated by Andy & Nancy Neff of Teaneck, N.J. in honor of those who learn the Dafyomi around the world.

SUMMARY

A Katan may not be a Shali'ach but d'Rabanan a person may be Zocheh for him.
 
A non-Jew may not be a Shali'ach and a Yisrael may not even be Zocheh for him. (1)
 
A Yisrael who borrows money from a non-Jew with Ribis and the non-Jew gave him the entire sum including the Ribis as a new loan and wrote a Shtar on it if the non-Jew subsequently becomes a Ger he may collect the entire loan including the Ribis.
 
If he becomes a Ger prior to giving him the entire sum as a new loan he may only collect the principle, not the Ribis.
 
A non-Jew who borrows money from a Yisrael and the Yisrael gave him the entire sum including the Ribis as a new loan and wrote a Shtar on it if the non-Jew subsequently becomes a Ger the Yisrael may collect the entire loan including the Ribis.
 
If he becomes a Ger prior to the new loan the Yisrael may only collect the principle, not the Ribis, while R. Yosi holds he may also collect the Ribis so that people will not say that he became a Ger so that he will not have to pay the Ribis.
 
If a loan with Ribis is written in a Shtar the lender is penalized and he may not collect the principle or the interest according to R. Meir, while the Chachamim hold he may collect the principle not the interest.
 
Reish Lakish holds that a predated Shtar is Pasul according to R. Meir but it is Kosher according to the Chachamim, while R. Yochanan holds that it is Pasul even according to the Chachamim because it is a Gezeirah maybe he will collect from the date of the Shtar. (2)
 
If someone give away his land as a gift prior to selling it to someone else the buyer may not collect his money back from Meshubadim since the Shtar that he has on the sale shall never have been written.
 
If a borrower admits that the Shtar which is held by the lender is a valid Shtar it is not necessary for the lender to affirm the Shtar.
 
If someone steals land and sells it and the buyer improves the land and subsequently the Nigzal takes it from him the buyer collects the principle from Meshubadim and the improvements from Bnei Chorin. (3)
 
A person may not give money so that he will be supplied with produce of the entire year at a fixed price until the market price has been set.
 
Once the market price has been set a person may make an agreement to be supplied with produce at that price even if the seller doesn't have the produce in his possession.
 
If the seller has the produce in his possession an agreement may be made to be supplied with produce at that price even if the market price had not yet been set.
 
R. Yosi says that a person may not make an agreement to be supplied with fertilizer for the year unless the seller has the fertilizer in the containers, while the Chachamim disagree.
 
If a person makes an agreement to be supplied with produce for the year after the market price has been set he may stipulate that if the price goes down that he will be supplied with the produce at the lower price.
 
R. Yehudah says that even if he did not make the stipulation that he will be supplied with produce at the lower price in the event that the price goes down he may insist either return my money or give me the produce at the lower price. (4)
 
If the market price of the new produce is four Se'ah per Seal and the old produce is three Se'ah per Sela a person may not make an agreement to be supplied produce for the year at the price of the new produce until the market price for both the new and old produce is four Se'ah per Sela. (5)
 
If the market price of the collectors of grain is four Se'ah per Sela while the market price of the sellers of grain is three Se'ah per Sela a person may not make an agreement to be supplied the produce for four Se'ah per Sela until the market price for both the collectors and the sellers is four Se'ah per Sela. (6)
 
R. Nachman says a person may make an agreement with a collector of grain to be supplied for the year the grain at the market price for collectors because if he doesn't have the grain he will borrow grain from his fellow collector. (7)
 
A person may borrow money on condition that if he doesn't repay the loan by a certain date he will repay with grain at the market price at the time of the loan.

A BIT MORE

1. The Rabanan decreed that a person may be Zocheh for Katan because a Katan will eventually reach the age of Shelichus while a non-Jew will never reach the age of Shelichus and therefore the Rabanan did not grant him Zechiyah
 
2. A predated Shtar is Pasul because of the concern that the lender will collect from the buyers who bought Karka from the borrower after the date of the Shtar and before the date of the loan. Reish Lakish holds that according to R. Meir we penalize the lender and we don't even allow him to collect the loan from the date of the loan, while R. Yochanan holds that even according to the Rabanan the loan may not be collected at all.
 
3. The principle is collected from the Meshubadim of the Gazlan, however the improvements may not be collected from Meshubadim because the buyers of the Karka of the Gazlan have no way of knowing how much the improvements are worth and can't protect themselves by ensuring that the seller retains enough possessions to pay off the potential debt.
 
4. Since no Kinyan was made the buyer may retract if he is not supplied with the produce at the lower price, and he isn't even punished with a Mi she'Para since he gave the money for produce that will be supplied at a later date and the price went down in the meantime.
 
5. The reason why the new produce is cheaper is because it did not dry out sufficiently, however by the time the person is supplied with the produce it will be sufficiently dried out and it will sell for the price of the old produce.
 
6. The reason why the produce of the collector is cheaper is because it is inferior produce because they collect it from many fields and rye stalks get mixed in with wheat stalks.
 
7. A Ba'al ha'Bayis however is embarrassed to borrow grain from a collector or alternatively a person who give money to a Ba'al ha'Bayis expects to receive high quality grain.

BRIEF INSIGHT

RIBIS FROM A GER
 
A non-Jew who borrows money from a Yisrael and the Yisrael gave him the entire sum including the Ribis as a new loan and wrote a Shtar on it if the non-Jew subsequently becomes a Ger the Yisrael may collect the entire loan including the Ribis. If he becomes a Ger prior to the new loan the Yisrael may only collect the principle, not the Ribis, while R. Yosi holds he may also collect the Ribis so that people will not say that he became a Ger so that he will not have to pay the Ribis. The Rosh explains that according to R. Yosi the lender my collect even the Ribis that accrued after he became a Ger which is Ribis d'Oraisa. The reason is that the Chachamim have the authority to uproot a Devar Torah even if it results in an Aveirah.

QUICK HALACHAH

A FIXED PRICE
 
One may not make an agreement to be supplied with produce at the market price of a small town because it is not a fixed price but he my make n agreement to be supplied with produce at the price of a large town because it is a fixed price. Once the price of a large town is fixed he my prepay and make an agreement that he will be supplied produce for an entire year at that price even if the price goes up and even if the seller doesn't have the produce in his possession. According to some opinions it is permitted to make an agreement based on the price of a small town and one may be lenient regarding an Isur d'Rabanan. (Shulchan Aruch YD 175:1)

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