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BAVA METZIA 74

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SUMMARY

If three people give money to a person in order to purchase an item for them and he bought it for only one of them all three of them are Koneh.
 
If the money for each one of them is wrapped up separately only the person he bought it for is Koneh.
 
A symbol that is made on a barrel of wine to indicate that it is sold is a Kinyan according to R. Chaviva, while the Rabanan hold that it is not a Kinyan but if he retracts he is cursed with a Mi she'Para. (1)
 
Rav says that a person may make an agreement to be supplied with produce for the year at a fixed price even if the market price had not yet been set if the seller has the produce in his possession and it is lacking only two Melachos or less to be completed.
 
Shmuel says if the produce is lacking a manual Melachah he may make an agreement to be supplied with produce even if it is lacking one hundred Melachos, but if it is lacking a natural Melachah even if it is lacking only one Melachah he may not make an agreement if the market price had not yet been set.
 
A person may make an agreement to be supplied with grain once the grain has been stacked if it has already been placed the sun and is sufficiently dried out. (2)
 
A person may make an agreement to be supplied with wine or oil once the grapes or olives have been placed in a vat to soften up prior to being pressed if the grapes or olives have already heated up sufficiently and are ready to be pressed. (3)
 
A person may make an agreement to be supplied with earthenware utensils once the clay has been made into balls and it is shaped and dried out. (4)
 
A person may make an agreement to be supplied with lime once the limestone has been placed in the oven according to Rav and according to Shmuel it is sufficient that it is ready to be placed in the oven. (5)
 
R. Meir says that a person may not make a an agreement to be supplied with earthenware utensils until they are prepared, while R. Yosi agrees with regards to white earth since it is not very common, but not with regards to dark earth. (6)
 
A person may make an agreement to be supplied with fertilizer for the year at a fixed price even if the seller doesn't have the fertilizer in his possession according to the Tana Kama.
 
R. Yosi holds it is only permitted of the seller has the fertilizer in containers and the Chachamim holds that in the winter he must have fertilizer in its containers, but in the summer it is permitted even if he doesn't have the fertilizer in his possession.
 
When 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 market price goes down he will be supplied the produce at the lower price.
 
If someone gives money for an item and no Kinyan was made if he retracts he is cursed with a Mi she'Para.
 
R. Shimon holds that money is Koneh and if money changed hands only the seller may retract but not the buyer.
 
R. Shimon agrees that money is not Koneh and even the buyer may retract if the money was given for items that will be supplied at a later date and the price changed in the meantime.
 
A person may lend a Se'ah of wheat to his sharecropper on condition that he repays a Se'ah of wheat if he lent the wheat for planting and not for eating. (7)
 
In a place where the owner doesn't have the right to dismiss the sharecropper once he started working in the field he may not lend him a Se'ah of wheat even for planting. (8)

A BIT MORE

1. In a place where the Minhag is that the symbol is Koneh it is a Kinyan and he may not retract.
 
2. Since it is already dried out it is only lacking the two Melachos of threshing and winnowing and Rav holds if it is only lacking two Melachos an agreement may be made and according to Shmuel it is also permitted because it is not lacking any natural Melachos because the winnowing doesn't require need a strong wind as it can be done with a winnowing fork even without a strong wine.
 
3. Since it is already heated up it is only lacking the two Melachos of bringing it to the press and pressing them. Even though a third Melachah must be done to draw the wine or oil into the pit, however we are referring to a place where the buyer is the one who does that Melachah.
 
4. Since it is already shaped and dried it is only lacking the two Melachos of placing them in the oven and burning them in the furnace. Even though a third Melachah must be done to take it out of the furnace, however we are referring to a place where the buyer is the one who does that Melachah.
 
5. Since it has already been placed in the oven according to Rav it is only lacking the two Melachos of burning them in the oven and taking it out in the oven. Even though a third Melachah must be done to crush them in water, however we are referring to a place where the buyer is the one who does that Melachah.
 
6. R. Yosi holds that since dark earth is very common even if the seller doesn't have the earth in his possession he can easily borrow it from his friend and therefore an agreement may be made even though he doesn't have it and even though the market price has not yet been set.
 
7. The Mishnah is referring to place where the sharecropper must supply the seeds and owner of the field may dismiss him if he doesn't have the seeds even if he already started working in the field so therefore when the owner supplies him with seeds it is not regarded as a loan and rather it is tantamount to the sharecropper agreeing to work on the field for a less than a normal sharecropper and he agrees to subtract a Se'ah of wheat from his share.
 
8. Since the owner can no longer dismiss him it can't be looked at as if the sharecropper is willing to work for less and therefore it is no different than loaning a Se'ah of wheat to anyone else which is forbidden.

BRIEF INSIGHT

A PURCHASE BY A SHALI'ACH
 
If there people give money to a person in order to purchase an item for them and he bought it for only one of them all three of them are Koneh If the money for each one of the three is wrapped up separately only the person he bought it for is Koneh. The Tur explains that according to the Rambam if the money for each one of them is wrapped up separately and the Shali'ach subsequently mixed it together and than he bought the item with the Da'as that it shall be for one of them all three of them are Koneh since the money was mixed up. Moreover, if the three of them gave the Shali'ach the money mixed together and the Shali'ach separated the money and bought the item for one of them only the one he bought the item for is Koneh.

QUICK HALACHAH

MIXED UP MONEY
 
If there people give money to one of them in order to purchase an item if the money was mixed together and he purchased an item with part of the money even if the Da'as of the Shali'ach was that he is purchasing it for one of them all three are Koneh and they divide up the item in accordance with the amount of money each one of them gave. However, if the Shali'ach spoke out that he is only Koneh the item for one of them he has retracted. from the Shelichus of the others and only one of them is Koneh If the money for each one of the them is wrapped up separately even if the Da'as of the Shali'ach was to buy the item for all of them only the person who gave the money that was used to purchase the item is Koneh. (Shulchan Aruch CM 184:1)

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