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BAVA METZIA 68 - Ari Kornfeld has generously sponsored the Dafyomi publications for this Daf for the benefit of Klal Yisrael.

[68a - 33 lines; 68b - 47 lines]

1)[line 3]אפדיוןPIDYON (SEDEH ACHUZAH)

(a)See Background to Bava Metzia 67:38 for a discussion of Sedeh Achuzah.

(b)Ravina's colleagues ("Man d'Asar") disagreed with him. According to them, Sedeh Achuzah belongs to Hekdesh until the owner redeems it. At that point it becomes his immediately, and - unlike Mashkanta - has nothing to do with a loan.

2)[line 4]סבי דמתא מחסיאSAVEI D'MASA MECHASYA- the Elders of the city of Mechasya (probably a suburb of Sura)

3)[line 5]שתאSHATA- one year

4)[line 9]דשכונה גביהDI'SHECHUNAH GABEI- [the property] which dwells with him (the lender)

5)[line 10]לדינא דבר מצראDINA D'VAR MEITZRA

(a)When a person sells a field, the owner of the neighboring field has the first rights to buy it. If the owner sells it to someone else, then the neighbor has the right to take the field from him by paying the purchase price. This is an enactment of the Chachamim based on the verse, "וְעָשִׂיתָ הַיָּשָׁר וְהַטּוֹב" "v'Asisa ha'Yashar v'ha'Tov." (Devarim 6:18)

(b)Rav Ashi rules that when a lender is holding a property as collateral, he is considered to be the closest "Bar Meitzra," owner of a neighboring field, and thus he has the first rights to buy the pledged property.

6)[line 11]כטרשי פפונאיK'TARSHEI PAPONA'EI- the Tarsha transactions [like those] of [Rav] Papa, referring to the type of transaction that Rav Papa used to do (as described on 65a), in which Rav Papa used to sell wine to buyers in Tishrei to be paid for it only in Nisan. Since he was letting the buyer make a delayed payment, Rav Papa would take the market price of wine of Nisan (which was higher than that of Tishrei). He did not consider it to be Ribis because it was he who was doing a favor to the buyer by selling the wine in Tishrei, when Rav Papa had no need to sell it at that time.

7)[line 11]כשטרי מחוזנאיK'SHETAREI MECHUZANA'EI- contracts [like those] of Mechuza

8)[line 12]כחכירי נרשאיK'CHACHIREI NARSHA'EI- leases [like those] of Narsh

9)[line 13]דזקפי ליה לרווחא אקרנאD'ZAKFEI LEI LI'REVACHA A'KARNA- they add the profits to the principle, making it a single sum

10)[line 18]הוי "כִּשְׁגָגָה שֶׁיּוֹצָא מִלִּפְנֵי הַשַּׁלִּיט"HAVI "KI'SHEGAGAH SHE'YOTZA MI'LIFNEI HA'SHALIT"- [His words] were like "an error that proceeds from the ruler" (Koheles 10:5). This verse is applied to unfortunate occurrences that follow their inadvertent mention.

11)[line 20]והדר חכרה מיניהV'HADAR CHACHRAH MINEI- he returned it to the debtor in the form of Chachirus, an agreement whereby a person works a field for a fixed amount of produce per year

12)[line 22]"קנינא מיניה ושהינא כמה עידני, והדר חכרה""KANINA MINEI V'SHAHINA KAMA IDNEI, V'HADAR CHACHRAH"- [they write:] "I acquired it from him and it remained in my possession for some time, and he subsequently took it back under a Chachirus agreement"

13)[line 23]כדי שלא תנעול דלת בפני לוויןKEDEI SHE'LO SIN'OL DELES BIFNEI LOVIN- so as not to "lock the doors" in the faces of the borrowers (since creditors will not lend money unless they have certain incentives)

14)[line 25]אין מושיבין חנוני למחצית שכרEIN MOSHIVIN CHENVANI L'MACHATZIS SECHAR (ISKA) - we may not set up a storeowner [with merchandise to sell] for half of the profit.

When two people embark upon an Iska (a business deal) in which one of them provides merchandise and the other deals with the sales aspect, it is prohibited to divide the profits equally. Half of the merchandise is considered to be a loan and the other half to be a Pikadon. As such, the salesman must receive an extra payment for his efforts, or else his efforts with regard to the Pikadon of the owner will be considered Ribis in exchange for receiving the loan.

15)[line 28]אין מושיבין תרנגולין למחצהEIN MOSHIVIN TARNEGOLIN L'MECHETZAH- we may not set up [a hen owner to use his] hens [in order to incubate one's eggs] for half of the profit

16a)[line 28]ואין שמין עגלין וסייחין למחצהV'EIN SHAMIN AGALIN U'SEYACHIN L'MECHETZAH- we may not assess the value of calves or ponies [and then give them to a shepherd to raise] for half of the profit

b)[line 29]אלא אם כן נותן לו שכר עמלו ומזונוELA IM KEN NOSEN LO SECHAR AMALO U'MEZONO- unless he (the owner) gives to him (the shepherd) a wage for his work and for the cost of the food

17)[line 30]מקבלין עגלין וסייחין למחצהMEKABLIN AGALIN U'SEYACHIN L'MECHETZAH- they may accept calves and ponies [to raise, when the owner has not assessed the value,] for half of the profit

18a)[line 31]ומגדלין אותן עד שיהו משולשיןU'MEGADLIN OSAN AD SHE'YEHU MESHULASHIN- they remain with him until they reach one third of their estimated full growth (RASHI; RAMBAM explains that this means until they are three years old)

b)[line 32]וחמור עד שתהא טוענתV'CHAMOR AD SHE'TEHEI TO'ENES- and a donkey [remains with him] until it can bear a load

68b----------------------------------------68b

19)[line 9]לא טבל עמו אלא בצירLO TAVAL IMO ELA V'TZIR- even if he only shared his meal with him (lit. dipped [bread] into fish-brine)

20)[line 10]גרוגרתGROGERES- a dried fig

21)[line 11](כמה עיזי ותרנגולין מעלין סימן)(KAMAH IZEI V'TARNEGOLIN MA'ALIN SIMAN) - this is a mnemonic device for remembering the proofs or citations that are brought in connection with the Sugya of Iska:

1.Kamah refers to "Kamah Hu Secharo..." (line 12)

2.Izei refers to "Ein Shamin Lo Es ha'Izin..." (line 17)

3.v'Tarnegolin refers to "Maskeres Ishah l'Chavertah Tarnegoles..." (line 29)

4.Ma'alin refers to "Makom she'Nahagu l'Ha'alos..." (line 34)

22)[line 16]נותן לו שכרו משלםNOSEN LO SECHARO MI'SHALEM- he must pay him his full wage [as a Po'el Batel]

23a)[line 17]העזיםIZIM- female goats

b)[line 17]הרחליםRECHELIM- female sheep

24a)[line 20]שגוזזותGOZEZOS- they produce fleece through shearing

b)[line 20]ושוטפותSHOTFOS- [as well as fleece that is] washed off (by passing through water)

c)[line 21]ומורטותMORTOS- [and fleece that is] plucked off (by rubbing against thorns)

25a)[line 24]בנסיוביNISYOVEI- (O. F. mesgue) whey (the watery part of milk that separates from the curds)

b)[line 24]ותותריSOSREI- sheddings [of wool as a result of being washed off or plucked off by thorns]

26)[line 34]ביצים מוזרותBEIZIM MUZAROS- unfertilized eggs

27)[line 34]שנהגו להעלות שכר כתף למעות לבהמהSHE'NAHAGU L'HA'ALOS SECHAR KATEF L'MA'OS LI'VEHEMAH- where it is the custom [for the owner of an animal] to pay a carrier's wage in cash to the one who raises an animal

28)[line 40]גלליםGELALIM- dung

29)[line 46]ואיסורא לאינשי לא הוי ספיISURA L'INSHEI LO HAVI SAFI- he would not have fed to people something forbidden

30)[last line]אי פלגא באגר, תרי תילתי בהפסדIY PALGA B'AGAR, TREI TILSEI B'HEFSED- if [you, the borrower, take] half of the profits, then [the owner of the money or assets agrees to be liable for] two-thirds of any losses (and thus there would be no Ribis involved, since the owner accepts more liability than the recipient, and the recipient gets more than his share of the profits as wages for his effort)

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