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

1)EMPTY WORDS

(a)(Ameimar): Reuven sold land to Shimon without Achrayus (responsibility to compensate him if a creditor takes it), and saw that Shimon was sad, so he promised 'if it is taken from you, I will return any improvements or Peros (that you made to or grew) on it from my best property', these are empty words. (He just wants to make him feel better.)

(b)Question (Rav Ashi): Is this because the buyer must stipulate, and here the seller stipulated?

1.In the Beraisa, if Shimon said 'when you get the money, I will return it to you', this is permitted. Rava explained that this is because Shimon said 'if I want, I will return it.' If not, it would be binding, even though Reuven should stipulate!

(c)Answer (Ameimar): Rava means, (since Reuven needed to stipulate, but Shimon did), it is as if Shimon said 'if I want, I will return it.'

(d)A dying person wrote an (unconditional) Get to his wife. He was groaning out of regret.

1.His wife: Don't worry. If you recover, I am yours!

(e)(Rav Zevid): These are empty words.

(f)Question (Rav Acha mi'Difti): If they were not empty words, would we say that she made the Get conditional? Only he can do that!

(g)Answer (Ravina): One might have thought that he gives it like she wants (and she shows that she wants it to be on condition). Rav Zevid teaches that this is not so

2)ASMACHTA

(a)(Mishnah): If Levi lent Yehudah (on condition to keep his field if the loan is not paid within three years...)

(b)(Rav Huna): If the condition was made when the money was given, it is binding (even if the field is worth more than the loan). If the condition was made afterwards, Levi gets land only according to the amount of the loan.

(c)(Rav Nachman): Even if the condition was made afterwards, it is binding.

(d)Rav Nachman ruled like his opinion in a case involving the Reish Galusa. Rav Yehudah tore up the document. The Reish Galusa informed Rav Nachman.

1.Version #1 - Rav Nachman: He is a great man. Surely he found a good reason to tear it.

2.Version #2 - Rav Nachman: That was childish. The Halachah follows me in monetary laws!

(e)Retraction (Rav Nachman): Even if the condition was made when the money was given, it is void.

(f)Question (Rava - Mishnah): If Levi lent Yehudah and said 'if the loan is not paid within three years, it will be my field', he gets it.

(g)Answer (Rav Nachman): I used to hold that Asmachta (an exaggerated promise) acquires. Minyomi convinced me that it does not.

(h)Question: The Mishnah refutes Minyomi!

(i)Answer #1: The Mishnah is R. Yosi, who says that Asmachta acquires (but Chachamim argue).

66b----------------------------------------66b

(j)Answer #2: The case is, the borrower said 'acquire it from now (on condition that I do not pay in time)'.

(k)Question (Mar Yanuka and Mar Kashisha, sons of Rav Chisda): In Neharda'a, they cite Rav Nachman to say that Asmachta acquires (when he does not pay up) in the (set) time, but not in the time (rather, before it) it does not acquire!

(l)Objection (Rav Ashi): Any acquisition acquires only at the proper time, not before!

1.Suggestion (Rav Ashi): Perhaps Rav Nachman means that if they met within the allotted time and Yehudah (the borrower) said 'acquire it (I will not pay)', Levi acquires (since Yehudah was under no pressure to pay now, surely he was sincere);

2.If they met after the allotted time and Yehudah said 'acquire it', Levi does not acquire.

3.Question: What is the reason?

4.Answer: Yehudah was insincere. He was just embarrassed to say that he cannot pay now.

(m)Rejection: Even if they met within the allotted time, Levi does not acquire. Yehudah only intended that Levi not press him for payment when the time comes.

(n)Opinion #1 (Rav Papa): Sometimes Asmachta acquires, and sometimes it does not. If (on the last day to pay) Levi finds Yehudah drinking beer (he is not worried about keeping his field), Levi acquires;

1.If Yehudah was trying to raise the money, Levi does not acquire.

(o)Objection (Rav Acha mi'Difti): Perhaps Yehudah was drinking to calm his nervousness (about raising the money), or someone promised to give him the money!

(p)Opinion #2 (Ravina): Rather, if Yehudah is insistent not to sell his belongings below their value (this shows that he is not concerned to raise the money), Levi acquires.

(q)Objection (Rav Acha mi'Difti): Perhaps Yehudah is concerned lest people not give the proper price for his land if they see that he is desperate to raise money!

(r)Retraction (Rav Papa): Rather, if Yehudah is insistent not to sell any land, Levi acquires.

3)AN APUTIKI

(a)(Rav Papa): Even though Asmachta does not acquire, the land is an Aputiki, i.e. the loan will be collected only from it.

(b)Question (Rav Huna brei d'Rav Nasan): Yehudah never told Levi to acquire the land to collect from it!

(c)Objection (Mar Zutra brei d'Rav Mari): Even had he told Levi to acquire the land to collect from it, that is Asmachta, so he does not acquire!

(d)Question: What is the case in which Rav Papa said that Asmachta does not acquire, and the land is an Aputiki?

(e)Answer: He said 'you will be paid only from this land.'

(f)Reuven bought land from Shimon with Achrayus. He requested 'if the land is taken from me, compensate me from Idi Idis (the best of your best lands)'. Shimon agreed to give Idis, but not his Idi Idis. The land was taken from Reuven; a river flooded Shimon's Idi Idis.

(g)(Rav Papa): Shimon agreed to give (other) Idis. He still has Idis!

(h)Objection (Rav Acha mi'Difti): Shimon only agreed to this assuming that his Idi Idis was intact. Now that it is not, his Idis is his Idi Idis!

(i)Rav bar Sheva owed money to Rav Kahana. He fixed a date, and said 'if I don't pay by then, you can collect from this wine.'

(j)(Rav Papa): We say that Asmachta does not acquire only regarding land, for it is not destined to be sold. Wine is destined to be sold, so it is like money!

(k)Objection (Rav Huna brei d'Rav Yehoshua): Rava said that any (promise starting with) 'if' does not acquire.

4)MISTAKEN PARDON

(a)(Rav Nachman): Since we say that Asmachta does not acquire, the land and any Peros that the buyer ate revert to the original owner.

(b)Question: Does Rav Nachman hold that if one pardoned a debt based on a mistaken assumption, the pardon is invalid? (He contradicts himself!)

1.(Rav Huna): If Reuven sold the fruits (that will grow) on his date tree, he can retract until they grow;

2.(Rav Nachman): He can retract even after they grow.

3.(Rav Nachman): I admit that if the buyer ate them, he need not compensate Reuven (even though Reuven did not know that he could retract).

(c)Answer: Mistaken pardon helps regarding a sale, but not regarding a loan (for it looks like Ribis).

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