BAVA METZIA 51- Dedicated in memory of Irene Edelstein, by Josh R. Danziger of Cliffside Park, New Jersey.
PAST DEDICATION
BAVA METZIA 51-55 - Dedicated by Andy & Nancy Neff of Teaneck, N.J. in honor of those who learn the Dafyomi around the world.

[51a - 48 lines; 51b - 31 lines]

1)[line 5]אושפזיכניה דרמי בר חמאUSHPAZICHNEI D'RAMI BAR CHAMA- the innkeeper of Rami Bar Chama

2)[line 5]זבין חמראZAVIN CHAMRA- sold wine

3)[line 6]אשכחיה דהוה עציבASHKECHEI D'HAVAH ATZIV- Rami Bar Chama found him (the innkeeper) in low spirits

4)[line 8]שדריהSHADREI- he sent him

5)[line 10]מחוי ליהMECHAVI LEI- he shows it [to ascertain it value]

6)[line 11]עד דמיתרמי ליה זבינתא כזבינתיהAD D'MISRAMI LEI ZEVINTA KI'ZEVINTEI- until he hears about a sale of an item identical to the one he sold

7)[line 12]דהוה נקט ורשכי לזבוניD'HAVAH NAKAT VARSHECHEI LI'ZVUNEI- (a) (O.F. bendels - a bundle or the belt or tie-rope used to make a bundle of some item) bundles of silk; silk belts or ties (RASHI); (b) [strings of] pearls (RABEINU CHANANEL cited by the ARUCH Erech Varshechei and brought in the Mesores ha'Shas to Kidushin 13a); (c) (O.F. frontal) golden frontlets, which are ornamental plates that cover the forehead from ear to ear (RABEINU GERSHOM cited by the ARUCH ibid.)

8)[line 12]קרי שיתא, ושויא חמשאKARI SHISA, V'SHAVYA CHAMSHA- he announced that he was selling it for six [Zuzim], while it was actually worth five [Zuzim]

9)[line 15]בלוקח מבעל הביתB'LOKE'ACH MI'BA'AL HA'BAYIS- in a case where one buys items from a homeowner (not a merchant)

10)[line 16]כיפיKEIFEI- jewelry; rings

11)[line 20](ישר) [יישר](YASHER) [YEYASHER]- You did well!

12)[line 22]בצדרייתאTZADREYASA- rough cloth garments; sackcloth

13)[line 22]מאני תשמישתיה דיקירי עליהMANEI TASHMISHTEI D'YAKIREI ALEI- his personal property and belongings, which are precious to him

14)[line 26]"וְכִי תִמְכְּרוּ מִמְכָּר לַעֲמִיתֶךָ אוֹ קָנֹה מִיַּד עֲמִיתֶךָ, אַל תּוֹנוּ [אִישׁ אֶת אָחִיו]""V'CHI SIMKERU MIMKAR LA'AMISECHA O KANOH MI'YAD AMISECHA, AL TONU [ISH ES ACHIV]"- "And when you transact a purchase to your friend or acquire from the hand of your friend, you shall not defraud [one another]." (Vayikra 25:14)

15)[line 29]דקים ליה בזבינתיהD'KIM LEI BI'ZEVINTEI- he knows about [the actual price of the item of] his sale

16)[line 30]דאמרי (אינש) [אינשי]D'AMREI (INASH) [INSHEI]- since people say

17a)[line 31]זבנית קניתZAVNIS, KANISA- if you buy [anything that lasts], you have gained

b)[line 31]זבין אובידZAVIN, OVID- if you sell [anything that lasts], you have lost out

18)[line 33]בתגר ספסרB'TAGAR SAFSAR- a middleman with a fast turnover rate

19)[line 35]משום דאתרמיא ליה זבינתא אחריתיMISHUM D'ISRAMYA LEI ZEVINTA ACHARISI- since a sudden business opportunity came up and he needed the money

20)[line 36]שאפילו פחות מכדי אונאה חוזרSHE'AFILU PACHOS MI'KEDEI ONA'AH CHOZER- that even if he is defrauded for less than one sixth, he is permitted to annul the deal, since this is his livelihood

21)[line 41]סימן ז''ב ר''שSIMAN Z"B R"SH- a mnemonic device to remember the names of the Amora'im that follow. It stands for Rebbi Elazar, Rabah, Rava and Rav Ashi.

22)[line 45]על מנת שאין לך עלי אונאהAL MENAS SHE'EIN LECHA ALAI ONA'AH- on the condition that you have no claims against me [with regard to the Halachos] of Ona'ah

23)[line 47]מקודשתMEKUDESHES- betrothed (with Kidushin)

24)[line 48]שאר כסות ועונהSHE'ER, KESUS V'ONAH- food, clothing and the obligation of a husband with regard to marital relations (the three primary obligations of a husband towards his wife)

25)[line 48]ותנאו בטלU'TENA'O BATEL (MASNEH AL MAH SHE'KASUV BA'TORAH)

(a)It is possible to make a condition in all Nedarim (vows; see Background to Nedarim 2a) or Kinyanim (acquisitions; the word Kinyan connotes a change of ownership or status, such as sales, gifts, Gitin and Kidushin) such that the Neder or Kinyan will not take effect unless one or both of the parties involved fulfill the specified condition. However, the Torah established that not all conditional statements are valid. Rather, the wording of the conditional statement must follow a specific formulation (Kidushin 61a).

(b)It is debated among the Tana'im and Amora'im if it is possible to alter a Halachic status that the Torah or the Rabanan describe through use of a Tenai. For instance, the Torah says that the Kinyan of Kidushin (betrothal) obligates the husband with certain marital and financial obligations towards his wife upon their marriage. If a person specifies that he wants to perform Kidushin on the condition that the Kidushin will not commit him to those obligations, it is called "Masneh Al Mah she'Kasuv ba'Torah," a Tenai that is attempting to change obligations (of Kidushin, in this case) that the Torah specifies. Another example of would be if a person attempts to make himself a Nazir on the condition that he be permitted to become Tamei Mes. Some Tana'im rule that a condition which attempts to change any Kinyan, whether mid'Oraisa or mid'Rabanan, is not valid. Others hold that a condition can change only a Kinyan that is mid'Rabanan (which is weaker), while yet others rule that it can only change a Kinyan that is mid'Oraisa (since the Rabanan were more stringent with their institutions, lest people belittle them). Finally, there are those who rule that it can change both a Kinyan mid'Oraisa and a Kinayan mid'Rabanan.

(c)If the Tenai is not formulated properly, or if it contradicts a rule in the Torah (as described above), the Tenai is not valid and the action (i.e. the Kinyan) takes effect even if the parties do not fulfill the specified conditions. That is, the Tenai is disregarded.

26)[line 48]בדבר שבממון תנאו קייםB'DAVAR SHEB'MAMON, TENA'O KAYAM- regarding a monetary matter, a stipulation [made contrary to Torah law] is binding

51b----------------------------------------51b

27)[line 3]דודאי קא עקרD'VADAI KA AKAR- his stipulation [with regard to Kidushin] has certainly uprooted [laws of the Torah]

28a)[line 6]על מנת שאין לך עלי אונאהAL MENAS SHE'EIN LECHA ALAI ONA'AH- on the condition that you have no claims against me [with regard to the Halachos] of Ona'ah

b)[line 7]על מנת שאין בו אונאהAL MENAS SHE'EIN BO ONA'AH- on the condition that in this [sale] there is no Ona'ah

29)[line 8]הנושא והנותן באמנהHA'NOSEI V'HA'NOSEN B'AMANAH- one who trades based on trust; (a) a hired salesman who is given a commission to sell merchandise at the highest price that he can get. The employer trusts that the salesman will deal in his best interests and will get the best price he can (RASHI); (b) a merchant whose customers trust him to tell them how much he paid for his merchandise. They then buy it from him for that amount plus a bit more, to compensate him for his efforts (TOSFOS DH ha'Nosei)

30)[line 10]לרב דאמר "אנא דאמרי..." מחוורתא רב אמר כרבי מאירL'RAV D'AMAR, "ANA D'AMRI..." MECHAVARTA RAV AMAR K'REBBI MEIR- that is, according to the Amora'im of the Gemara who tried to explain (on Amud Alef, last line) that Rav's ruling does not contradict Rebbi Yehudah's ruling, this Beraisa is problematic, since it fits neither with Rebbi Meir's ruling nor with Rebbi Yehudah's. As a result, Abaye retracts that assertion and concludes that Rav must hold like Rebbi Meir. Rav may then answer the question from the Beraisa by claiming that its author is Rebbi Yehudah.

31)[line 11]מחוורתאMECHAVARTA- it is clearly correct

32)[line 22]לא יחשב את הרע באמנה ואת היפה בשוהLO YECHASHEV ES HA'RA B'AMANAH V'ES HA'YAFEH B'SHAVEH- (a) a person may not ask a salesman to sell for him poor-quality merchandise and return the earnings of the sale ("b'Amanah") if in lieu of a commision, the employer sells the salesman first-quality merchandise at a set price ("b'Shaveh") and allows the salesman to push off paying for the sale until he finishes selling the poor-quality merchandise b'Amanah. This infringes upon the Halachos of Ribis (usury) since the salesman is selling the employer's poor-quality merchandise in return for having received a loan until the merchandise is entirely sold. (RASHI); (b) if a merchant who sells on trust (see above, entry 29:b) buys first-quality and poor-quality merchandise simultaneously, he may not tell his customers the average price he spent per item when they ask what he paid for the poor-quality merchandise and the actual value of the individual items when they ask what he paid for the first-quality merchandise. This infringes upon the Halachos of Ona'ah (overcharging). (RABEINU CHANANEL, cited by TOSFOS DH Lo Yechashev)

33a)[line 24]שכר כתףSECHAR KATAF- the charges of a delivery man

b)[line 24]שכר גמלSECHAR GAMAL- delivery charges if a camel is needed

c)[line 24]שכר פונדקSECHAR PUNDAK- lodging expenses of the salesman

34)[line 25]שכר עצמו אינו נוטל, שכבר נתן לו שכרו משלם שכרו משלםSECHAR ATZMO EINO NOTEL, SHE'KEVAR NASAN LO SECHARO MI'SHALEM- (a) [when a salesman sells "b'Amanah,"] the employer does not have to calculate the salesman's commission for selling the merchandise, since he already has paid the salesman his full (promised) commission (RASHI); (b) the customer who buys from a merchant on his word (see above, entry 29:b) does not have to add a small sum to the retail price the seller quotes him in order to compensate the seller for his efforts. He may assume that the wholesaler who sold the merchandise to the merchant gave the merchant a wholesaler's discount, which compensates the merchant for his efforts. (RABEINU CHANANEL, cited by TOSFOS)

35)[line 27]בצדרויי, דיהבי ארבע למאהB'TZADRUYEI, D'YAHAVEI ARBA L'ME'AH- [the above statement was made] with regard to canvas (hemp) apparel (O.F. chenevaz / from the Greek cannabis), where it is the accepted practice (a) for the employer to pay his salesman four Zuzim for every 100 Zuzim that the salesman receives for the merchandise (4%) [and the salesman deducts that amount on his own before returning the earnings to his employer] (RASHI); (b) for a merchant to be given a 4% discount by the wholesaler who supplies him, so that the merchant can make a profit by reselling them at the retail price (RASHASH - see MAHARSHA)

36)[line 28]הסלעSELA (CURRENCY)

(a)Equivalents of coins and amounts used in the Mishnah and Gemara:

1 Sela = 2 Shekalin = 4 Dinerin = 48 Pundeyonin = 96 Isarin

1 Dinar = 6 Ma'in = 12 Pundeyonin = 24 Isarin

1/2 Dinar = Rova (1/4) Shekel = Sela Medinah

1 Me'ah = 2 Pundeyonin

1 Pundeyon = 2 Isarin

1 Isar = 6-8 Perutos (based on Kidushin 12a)

(b)Another name for a Dinar of Kesef is a Zuz. All of the coins listed above are silver except for the Perutos, which are copper. (This is the ruling of most of the Rishonim. According to the ROSH 4:20, even the Pundeyonin and Isarin are copper.)

(c)The word "Shekel," as used in the phrase "Machatzis ha'Shekel," refers to the Shekel that was in use at the time of Moshe Rabeinu, which was equivalent to the "Sela" of the times of the Gemara. Machatzis ha'Shekel is half of a Sela, or two Dinerin. People became accustomed to calling the coin that was valued at half of a Sela, "Shekel," since it was "paid out" ("Shoklim" Oso) in order to fulfill the Mitzvah of Machatzis ha'Shekel each year (RAMBAN to Shemos 30:13). Likewise, the Shekel to which our Gemara refers is worth half of a Sela or two Dinerin.

(d)There is a difference between the Sela Tzori - the Sela of Kesef Tzori, the denominations of coins used in Tzor (above, (a)), and the Sela Medinah. The Sela Medinah is an eighth of a Sela Tzori, or half a Zuz/Dinar, as there are four Zuzim/Dinerin in a Sela Tzori (see Midos v'Shi'urei Torah, C. P. Benish, Benei Brak, 5760, pp. 433-434).

37a)[line 29]ארבע איסרות, איסר לדינרARBA ISAROS, ISAR L'DINAR- four Isarin [per Sela, which is] one Isar per Dinar

b)[last line]ארבע פונדיונות, פונדיון לדינרARBA PUNDYONOS, PUNDYON L'DINAR- four Pundyonin [per Sela, which is] one Pundyon per Dinar

OTHER D.A.F. RESOURCES ON THIS DAF