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

[66a - 33 lines; 66b - 55 lines]

1)[line 1]פטומי מילי בעלמא הואPETUMEI MILEI B'ALMA HU- it was just "words of fattening" (i.e. he made a promise in order to "fatten" the heart, i.e. comfort, the other party, but which he had no intention - and therefore no obligation - to keep)

2)[line 11]ההוא שכיב מרע דכתב לה גיטא לדביתהוHA'HU SHECHIV MERA D'CHASAV LAH GITA LI'DEVIS'HU- there was [an incident of] a certain person who was deathly ill, who wrote a bill of divorce to his wife

3)[line 12]אנגיד ואתנחINGID V'ISNACH- he became faint and sighed

4)[line 13]אי קיימת, דידך אנאIY KAIMAS, DIDACH ANA- if you live, I am yours!

5)[line 16]בדידה קיימא למישדי תנאה בגיטא?!B'DIDAH KAIMA L'MISHDI TENA'AH B'GITA?!- Is it within her power to put a condition into a Get?!

6)[line 21]לאחר מתן מעות, לא קנה אלא כנגד מעותיוL'ACHAR MATAN MA'OS, LO KANAH ELA KENEGED MA'OSAV- [if the stipulation was made] after the loan money was handed over, the creditor only has a legal claim [to a portion of the field] equal to the amount of his money [that he loaned to the debtor] (as long as the debtor specified "Keni l'Govaina," "Acquire this as something from which to collect your loan." - TOSFOS DH l'Achar)

7)[line 22]ורב נחמן אמר אפילו לאחר מתן מעות, קנה הכלV'RAV NACHMAN AMAR AFILU L'ACHAR MATAN MA'OS, KANAH HA'KOL- Rav Nachman ruled that even after the loan money was handed over, the creditor has a legal claim to the entire [house or field] (since "Asmachta Kanya" - see below, entry #10)

8)[line 23]עבד רב נחמן עובדא גבי ריש גלותאAVAD RAV NACHMAN UVDA GABEI REISH GALUSA- Rav Nachman applied his ruling in practice in a court case in front of the Reish Galusa, the Exilarch, the temporal leader of the Jews in Babylon

9)[line 26]דרדקא קרעיה?! גברא רבה קרעיה!DARDEKA KAR'EI?! GAVRA RABAH KAR'EI!- Did a mere child tear up [the document]?! A great Torah Scholar tore up the document!

10)[line 32]אסמכתאASMACHTA

(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, as 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.


11)[line 8]מחמת כיסופאMACHMAS KISUFA- because of shame, embarrassment

12)[line 13]דקא מהפך אזוזיD'KA MEHAPECH A'ZUZEI- he is desperate to find sources of money (e.g. loans, grants, etc.)

13)[line 14]לפכוחי פחדיהL'FAKUCHEI PACHADEI- to alleviate his fear and worry (drowning them in drink)

14)[line 16]אסמכיה אזוזיASMECHEI A'ZUZEI- assured him of the money

15)[line 16]אי קפיד בדמיIY KAPID BI'DEMEI- if he (the borrower) is very strict about his money [such that he does not sell any of his property for less than its actual worth]. The fact that he does not sell his property for less than it is worth - even though he will forfeit his field to the creditor if he fails to repay the loan that he owes - shows that he is not concerned about raising money to keep his field, and thus he was serious when he told the creditor that if he does not repay the debt, then the creditor may keep the field.

16)[line 21]אפותיקי הויא למיגבא מינהAPOTIKI HAVYA L'MIGVA MINAH - it is, nevertheless, an Apotiki from which to collect his debt (APOTIKI)

A person may designate one of his pieces of land or possessions as security for a loan that he received or a debt that he owes, without placing it in the possession of the creditor. This creates a Shi'abud, or lien, on the object, such that if the debt is not otherwise repaid, the creditor can collect his debt from the security. Such a security is called an "Apotiki." The debtor may specify (if the creditor agrees) that the creditor may only collect his debt from the Apotiki. In such a case, if it becomes impossible to collect the debt from the Apotiki, the debtor is no longer liable to the creditor.

17)[line 30]מעידי עידיתME'IDEI IDIS- from the best of the highest-quality land

18)[line 32]דבעינן למיקם קמאיD'VA'INAN L'MEIKAM KAMAI- because I want it to remain with me

19)[line 33]אתא בדקא, שקיל לעידי עידיתASA BIDKA, SHAKIL L'IDEI IDIS- a flood came and washed away the best of his highest-quality land

20)[line 46]כל "דאי" לא קניKOL "D'IY" LO KANI- all statements of "if" are not binding. (If a person commits himself to pay an excessive payment or penalty "if" he fails to do something, this is considered an Asmachta (see above, entry #10) and is not binding. In the case of our Gemara, the borrower's commitment to give his wine to the lender if he does not repay the loan is considered an excessive penalty, since often people prefer to keep their own wine to drink, or to sell it when the market price rises (RITVA).)

21)[line 50]המוכר פירות דקל לחבירוHA'MOCHER PEIROS DEKEL L'CHAVEIRO- one who sells the future fruits of a date-palm to another person

22)[line 52]אף משבאו לעולם יכול לחזור בוAF MISHE'BA'U LA'OLAM YACHOL LACHZOR BO - even when the fruits later grow, the seller (or buyer) can retract from the sale (EIN ADAM MAKNEH DAVAR SHE'LO BA LA'OLAM)

There is a Machlokes Tana'im as to whether "Adam Makneh Davar she'Lo Ba l'Olam" - "a person can acquire a thing that has not yet emerged into the world," or not (Kedushin 63a). Some examples of things that have not yet emerged into the world are the fruits that will grow on a tree, or the goods to be produced by one's wife.

23)[line 54]מודינא דאי שמיט ואכיל, לא מפקינן מיניהMODINA D'IY SHAMIT V'ACHIL, LO MAFKINAN MINEI- I concede that if he picks some dates and eats them that we do not take them away from him (i.e. exact payment for them). (This is because Rav Nachman maintains that a Mechilah in error is considered Mechilah.)