[48a - 45 lines; 48b - 41 lines]

1a)[line 3] MI'KOL MAKOM KACH HALACHAH- however, this is the Halachah, [that a buyer can back out of the deal even after he paid the money] (RASHI)

b)[line 3] AVAL AMRU MI SHE'PARA...- but [he must suffer the consequences, since] they said (as a curse) "Mi she'Para..." (see Background to Bava Metzia 44:9) (RASHI)

2)[line 7] HA'NOSEI V'NOSEN BI'DEVARIM LO KANAH- if two people make a business transaction by word of mouth only, with no transfer of money or merchandise, then the sale has no effect [even if they told two people to be witnesses to the transaction]

3)[line 7] ; HA'CHOZER BO; EIN RU'ACH CHACHAMIM NOCHAH HEIMENU- one who goes back on a deal [in a word-of-mouth transaction], the spirit of the Sages is not pleased with him (RASHI)

4)[line 8] ANU EIN LANU ELA EIN RU'ACH CHACHAMIM NOCHAH HEIMENU- (a) even though one would think that since "Ein Ru'ach Chachamim Nochah Heimenu," Beis Din should give the offender a minor curse, Rava rules that Beis Din does not give any curse at all (RASHBA, cited by SHITAH MEKUBETZES); (b) Rava emphasizes that "Ein Ru'ach Chachamim Nochah Heimenu" means Mi she'Para (TOSFOS HA'ROSH, 1st explanation, RITVA); (c) Rava had not learned the Beraisa cited by our Gemara, however, he said about a Mishnah (Shevi'is 10:9) that a person who does not keep his word (in a word-of-mouth transaction) is not cursed with a Mi she'Para curse (TOSFOS HA'ROSH, 2nd explanation)

5a)[line 13]"... , , , ""...V'CHICHESH BA'AMISO B'FIKADON, O VI'S'SUMES YAD, O V'GAZEL, O ASHAK ES AMISO"- "[If a person sins, and commits treachery against HaSh-m,] and lies to his neighbor about an object that was delivered to him to guard, or about [money given to him as] a fellowship (for the purposes of our Sugya, a loan), or about an object that he took away by force, or he has defrauded his neighbor." (Vayikra 5:21)

b)[line 13] V'CHICHESH BA'AMISO (ASHAM GEZEILOS)

A person who steals money from a fellow Jew (or denies owing him an object that was deposited in his care), and swears falsely that he holds no such money (and thereby exempts himself from paying), and later admits his sin, must return what he stole, pay a fine of Chomesh, an additional fifth (of the ensuing total, or a quarter of the original value), and bring a Korban Asham to receive atonement. The animal offered is a ram that costs at least two Sela'im (Vayikra 5:20-26).

6)[line 15] KEGON SHE'YICHED LO KLI L'HALVA'ASO- where the Loveh designated one of his utensils to use as repayment of the loan (such that if he denies the debt it is as if he is stealing an object of value. Loan money is meant to be spent by the Loveh, and denying a debt alone obligates the Loveh in a Korban Oleh v'Yored, which is a Chatas, rather than an Asham Gezeilos - see Gemara and Rashi to Daf 35b-36a).

7)[line 16] KEGON SHE'YICHED LO KLI LA'ASHAKO- where the employer designated one of his utensils to use as payment for his worker (such that if he denies the debt it is as if he is stealing an object of value, as in the previous entry).

8)[line 17] V'CHI AHADREI KRA- and when the verses (Vayikra 5:23-24) repeat the topics mentioned in the previous verses (ibid. 5:21-22) [and discuss returning the stolen items]

9)[line 17]" , , , , [ . ...]""V'HAYAH KI YECHETA V'ASHEM, V'HEISHIV ES HA'GEZEILAH ASHER GAZAL, O ES HA'OSHEK ASHER ASHAK, O ES HA'PIKADON ASHER HAFKAD ITO, [O ES HA'AVEIDAH ASHER MATZA. O MI'KOL ASHER YISHAVA ALAV LA'SHEKER...]"- "Then it shall be, because he has sinned, and is guilty, that he shall restore the object that took away by force, or the thing which he has deceitfully gotten, or the object that was delivered to him to guard, [or the lost thing that he found. Or all that about which he has sworn falsely...]" (Vayikra 5:23-24)

10)[line 20] V'ILU TESUMES YAD LO AHADREI- but Tesumes Yad ([money given to him as] a fellowship - for the purposes of our Sugya, a loan) was not repeated [in the verses discussing returning the stolen items]

11)[line 23] ME'OSHEK HU D'HADAR KRA- [since Tesumes Yad is similar to Oshek, Tesumes Yad is learned] from [the topic of] Oshek [and it is considered as if] it is repeated in the verses [since Oshek is repeated]

12a)[line 24] KEGON SHE'NATLO MIMENU- for example, in a case where he (the worker) already took it from him (the employer), i.e. he took possession of the utensil that was designated by his employer as his payment

b)[line 24]() [] (V'CHAZRU) [V'CHAZAR] V'HIFKIDO ETZLO- and he went back and delivered it to his employer as a Pikadon

13)[line 25] ... IY HACHI, TESUMES YAD NAMI... KEGON SHE'NATLO MIMENU- if so, why then do we not make the same assumption about Tesumes Yad, that the Malveh already took it (one of the Loveh's utensils that he designated to use as repayment of the loan), from the Loveh, and he went back and delivered it to the Loveh as a Pikadon

14)[line 31]" ...""O MI'KOL ASHER YISHAVA ALAV LA'SHEKER..."- "Or all that about which he has sworn falsely; [he shall restore it in full, and shall add a fifth part more to it, and give it to him to whom it belongs, on the day that he admits his guilt.]" (Vayikra 5:24)

15)[line 33] L'RABOS TESUMES YAD L'HEISHAVON- these words are considered the repetition of the topic of Tesumes Yad in the verses about returning the stolen items

16a)[line 35] NASNAH L'VALAN- he (a treasurer of Hekdesh) gave it (money of Hekdesh) to a bathhouse attendant [as payment for use of the bathhouse]

b)[line 35]MA'AL (ME'ILAH)

(a)It is forbidden to derive personal benefit from anything that is Hekdesh. If someone benefited from Hekdesh unintentionally, the object loses its Kedushah. He must bring a Korban Me'ilah and repay Hekdesh the value of his benefit plus an additional fifth (of the ensuing total, or a quarter of the original value).

(b)For additional details regarding Me'ilah, see Background to Bava Metzia 43:11a.

17)[line 36] D'LO MECHSERAH MESHICHAH- (lit. [who takes money for an item] that is not lacking Meshichah) paying the fees for the bathhouse is considered renting the bathhouse for the time that one spends there, and there are no tangible items upon which to do Meshichah

18)[line 38]L'SAPAR- a barber

19)[line 38] HA BA'I L'MIMSHACH TISPORES- he (the client) needs to do a Meshichah on the haircutting instruments (a) so that the barber cannot change his mind (RABEINU TAM) or (b) so that the client can keep the haircutting instruments as collateral until the barber cuts his hair (RI)

20)[line 39] B'SAPAR NOCHRI; D'LAV BAR MESHICHAH HU (KINYAN KESEF)

(a)When a person acquires an object, he must make a Ma'aseh Kinyan, a formal Halachically-binding act denoting his acquisition of the object, in order for the acquisition to be irrevocably binding. Depending on the object involved, different Kinyanim are used.

(b)Some Amora'im maintain that by Torah law, paying for the purchase of Metaltelin consummates a sale. This is known as "Kinyan Kesef." The Torah source for this Kinyan is the verse (referring to the redemption of Hekdesh) that states "... ... " "v'Yasaf... Kesef... v'Kam Lo" - "and he shall [pay]... the money and it shall be his" (Vayikra 27:19) (RASHI here DH Savar). Others specify the purchase of an Eved Ivri, a Jewish slave, as the source for this Kinyan: if it is possible to purchase a person himself with Kesef (Kidushin 22b, see Background to Bava Metzia 31:33a), one certainly may purchase a person's possessions with Kesef (RABEINU CHANANEL Daf 47b). A third opinion maintains that since Kesef is the most common method of purchase specified by the Torah (it effects Kidushin and is Koneh land and slaves), the unqualified word "Kinyan" that is used with regard to Metaltelin must also be referring to Kesef (RITVA here).

(c) Other Amora'im maintain that the Torah does not recognize payment as a form of Kinyan for Metaltelin. Even those who subscribe to the first opinion, that Kesef is a form of Kinyan mid'Oraisa, agree that the Rabanan normally invalidated Kinyan Kesef for the purchase of Metaltelin. Therefore, according to both opinions, in practice even after one has paid for Metaltelim he must be Koneh them with Meshichah (see Background to Bava Metzia 44:5c:c; or Hagbahah or Mesirah or another form of Kinyan) in order to consummate the sale. Thus, in a sale in which currency is being paid for merchandise, the buyer's Meshichah (pulling towards his domain) of the merchandise consummates the sale. The seller's Meshichah of the currency that was paid for it does not.

(d)One practical difference between whether Kinyan Kesef is effective mid'Oraisa or not involves the Kinyan of a Nochri. The verse which discusses the Kinyan of Metaltelin ("Kanoh mi'Yad Amisecha" - Vayikra 25:14) excludes a Nochri, who is not Amisecha, from that Kinyan. According to the opinion that Meshichah is Koneh mid'Oraisa for a Jew, a Nochri cannot be Koneh with Kinyan Meshichah but must be Koneh with Kesef. According to those who maintain the Kesef, and not Meshichah, is Koneh mid'Oraisa, a Nochri cannot be Koneh with Kinyan Kesef, but must be Koneh with Meshichah (Bechoros 13a).

21)[line 41]SAPAN- sailor, esp. a captain of a ship

22)[last line] U'BADKAH LEVI B'MASNISEI- Levi edited it [and added the following] into his Tosefta, i.e. his collection of Beraisa'os

23)[last line](V'ASHKACH)- this word does not appear in the RAN nor in the RITVA cited by the SHITAH MEKUBETZES; the RASHASH claims that RASHI also was not Gores it

24)[last line]SITON- a wholesaler

48b----------------------------------------48b

25a)[line 3] ODO'EI MOD'INAN LEI- Beis Din informs him of the content of the Mi she'Para, i.e. that HaSh-m took retribution against those deceitful people

b)[line 4] MEILAT LAITINAN LEI- Beis Din curses him with the Mi she'Para. The Rishonim argue as to whether the offender is inserted into the wording of the Mi she'Para. According to the RAMBAM (Hilchos Mechirah 7:2), the curse is uttered in general terms, "Hu Yifra mi'Mi she'Eino Omed b'Diburo." The ROSH (4:10), however, writes that the offender is designated in the Mi she'Para, i.e. "Hu Yifra Mimecha Im Eincha Omed b'Diburcha."

26)[line 5]" ""V'NASI V'AMCHA LO SA'OR"- "A leader of your people do not curse." (Shemos 22:27) - Chazal learn (Toras Kohanim 19:35) that this verse includes a prohibition against cursing all of the people, from the words, "v'Amcha Lo Sa'or."

27)[line 7] B'OSEH MA'ASEH AMCHA- one who is acting in the ways of your people (i.e. he keeps his word in business transactions)

28)[line 9]MILCHA- salt

29)[line 11] KABIL ALECHA MI SHE'PARA- accept upon yourself the Mi she'Para curse

30)[line 14] LETUSA D'RABANAN- a Rabbinic curse

31)[line 15]ERAVON- (O.F. eres) deposit; the buyer left a deposit for a small portion of the amount of the sale

32a)[line 16] KENEGDO HU KONEH- he makes an irrevocable Kinyan on the value of his deposit (or, in the case of Metaltelin, only the value of the deposit can be "enforced" with a Mi she'Para (RASHI)

b)[line 17] KENEGED KULO HU KONEH- he makes an irrevocable Kinyan on all the full sale

33)[line 19]ERAVON- (O.F. fermance) a surety, collateral

34)[line 21]V'HALAH- the other person (i.e. the one who accepted the Eravon)

35)[line 23] ASMACHTA KANYA

(a)Asmachta refers to "reliance" upon a particular eventuality or a conditional [monetary] obligation which the parties involved undertake without full commitment. The reason that the parties involved do not commit themselves fully is because their obligation is contingent upon the fulfillment of a condition that each party anticipates will not be fulfilled. An example of this is when gamblers place wagers, where neither of them expects to lose the wager.

(b)The Tana'im (Bava Basra 168a) argue as to whether such a commitment is binding or not.

36)[line 26] ERAVONI YIKON- my surety will accomplish a Kinyan on the entire sale (which is meaningless - RASHI)

37)[line 28] U'MACHAZIR LO ES HA'SHE'AR AFILU L'ACHAR KAMAH SHANIM- and he pays him the balance, even after many years

38)[line 32] KARKA DEB'CHASPA KANI LEI MAMASH (KINYAN KARKA B'CHESEF)

(a)When a person acquires an object, he must make a Ma'aseh Kinyan, a formal Halachically-binding act denoting his acquisition of the object, in order for the acquisition to be irrevocably binding. Depending on the object involved, different Kinyanim are used.

(b)One of the forms of Kinyan that may be used for the acquisition of Mekarka'in (real estate) is Kinyan Kesef, i.e. paying at least a Perutah's worth of money for the land.

39)[line 34] LEIMA K'TANA'EI- perhaps the Machlokes between Rav and Rebbi Yochanan with regard to an Eravon is actually a Machlokes Tana'im

40)[line 35] HA'MALVEH ES CHAVEIRO AL HA'MASHKON- one who loans someone money and takes collateral (Mishnah Shevu'os 44b)

41)[line 36] SHEMITAH (HASHMATAS KESAFIM)

(a)The Torah requires that all loans shall be canceled every seventh year, as the verse states in Devarim 15:2, " " "Shamot Kol Ba'al Masheh Yado" - "Every creditor who lends anything to his neighbor shall release it." To demand payment of a loan after the Shemitah year is a violation of the prohibition of " " "Lo Yigos Es Re'ehu v'Es Achiv" - "he shall not exact it of his neighbor or of his brother" (ibid.). Most Rishonim rule that the Shemitah year cancels loans at the end of the year, on the last day of the month of Elul. (RAMBAM Hilchos Shemitah v'Yovel 9:1-4)

(b)Hashmatas Kesafim applies mid'Oraisa only when the Yovel year is in practice. Mid'Rabanan it applies today, whether inside or outside of Eretz Yisrael.

42)[line 36]PELAG- half [of the debt]

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