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Bava Metzia Chart #12
Bava Metzia Daf 46b
THE INTERPRETATION OF THE MISHNAH IN KIDUSHIN(1)
("KOL HA'NA'ASEH DAMIM")
("KEITZAD? HICHLIF SHOR...")
||HAVAH AMINA OF THE GEMARA
(that holds like Rav Sheshes)
||"KOL HA'NISHOM DAMIM" -
||Any item, other than money
||RI AND RISHONIM
||Any item, other than money and Peros
(an equal exchange)
(an equal exchange)(5)
||THE EXPLANATION OF THE MISHNAH ACCORDING TO RAV NACHMAN
(who holds like Rebbi Yochanan)
|Money that he already owes to the seller(7)
|Money that he already owes for the Shor
(1) See also Kidushin, Chart #7.
(2) The Havah Amina holds that "Matbe'a Na'aseh Chalipin" -- money
(currency) can be used to make a Kinyan Chalipin.
(3) According to Rashi, a live Parah is also in the category of "Peros," and
not "Kelim." Both of the first two explanation of the Mishnah in Kidushin
are therefore in accordance with Rav Sheshes, who argues with Rav Nachman
and holds that Peros *can* be used to make a Kinyan Chalipin. (According to
the Girsa of some Rishonim, the Hava Amina suggests that the "Shor" of the
Mishnah in Kidushin is "Basar Shor," the *meat* of a Shor, which is
certainly Peros, since it is edible. Rashi here negates that Girsa, since
even a Shor itself is Peros. In Kidushin he accepts the Girsa of "Basar
Shor," but explains that even that Girsa does not indicate that a Shor
itself would not be Peros; see Rashi there DH Basar Shor.)
Rashi's source is from a point later in the Gemara's discussion, where it is
implied that Rav Nachman finds no way to interpret the Seifa of the Mishnah
other than according to Rebbi Yochanan; see Tosfos and Ba'al ha'Me'or.
(4) According to Tosfos, a live Parah is not in the category of Peros, but
rather it is like a utensil, and it can make a Kinyan Chalipin even
according to Rav Nachman. Hence, the Mishnah may be interpreted in this
manner even according to Rav Nachman.
(5) According to Rabeinu Tam, exchanges of objects of equal value are not
subject to the limitations Rav Nachman normally places on Kinyan Chalipin.
They can be done with Peros and anything else that has monetary value. The
Kinyan Chalipin which *is* limited to Kelim (and not Peros etc.), is a
Kinyan Chalipin performed with a symbolic item of lesser value than the item
being acquired. This type of Chalipin is referred to as a Kinyan Sudar. (The
Sudar is usually a piece of cloth or item of clothing with minimal value,
and it is usually returned to its original owner after its symbolic act of
exchange has been performed.) The Rishonim argue as to whether or not
exchanges of objects of equal value may be performed even with coins
(Matbe'a); see Tosfos and Tosfos Shantz (cited by Shitah Mekubetzes).
(6) This opinion is alluded to by Tosfos DH u'Perei, and cited at length by
the Tosfos Shantz and Ritva here and the Rashba in Kidushin.
(7) So explains Rashi in Kidushin (DH Hachi Ka'amar) and in one place here
(DH Keitzad); later Rashi seems to explain differently, see Insights.
According to Rashi, both the Reisha and Seifa are discussing similar cases.
The Rif, Tosfos, and most Rishonim write that according to this third
explanation, the Reisha of the Mishnah is referring to a normal Kinyan
Chalipin and it holds that "Matbe'a Na'aseh Chalipin" -- just like the first
explanation of the Mishnah. (Rashi cannot explain this way, since he
maintains that Rav Nachman cannot hold "Matbe'a Na'aseh Chalipin"; see Rashi
45b DH Mai Ta'ama, and Insights here.)
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