1)

(a)What does Rava say about three people who handed one person money to buy something on their behalf?

(b)On what condition will his ruling not apply?

1)

(a)In a case where three people handed one person money to buy something on their behalf Rava rules that whatever he buys, he buys on behalf of all of them (they are joint owners).

(b)Rava's ruling will not apply however in a case where each one gave him money wrapped separately.

2)

(a)Rav Papi ruled in the name of Rava that Situmta acquires. What is 'Situmta'?

(b)Rav Chaviva explains Rava's statement literally. How do the Rabanan explain it?

(c)We rule like the Rabanan. But what is the final comment on this ruling?

2)

(a)Rav Papi ruled in the name of Rava that 'Situmta' (the stamp that is used by the storekeeper, who after purchasing a large quantity of barrels of wine, marks the barrels that he wants, places them in the seller's storehouse and then transports them one by one to his own store for sale) is Koneh.

(b)Rav Chaviva explains Rava's statement literally. According to the Rabanan it only acquires to the extent that whoever retracts is subject to a 'Mi she'Para'.

(c)We rule like the Rabanan. However, we conclude that where local custom dictates that it is Koneh, then local custom prevails.

3)

(a)We learned in our Mishnah that someone who arrives early at the haystack is permitted to pay for wheat that he will only receive later, even before the official price has been fixed, because the seller has grain. What does Rav mean when he restricts this concession to where 'two are missing but not three'?

(b)What is the criterion, according to Shmuel?

(c)How do we establish our Mishnah according to ...

1. ... Rav, seeing as the wheat would normally still require spreading out in the sun to dry, threshing and winnowing (three Melachos)?

2. ... Shmuel, bearing in mind that it still requires winnowing (which in turn, needs a wind)?

3)

(a)We learned in our Mishnah that someone who arrives early at the haystack is permitted to pay for wheat that he will only receive later, even before the official price has been fixed, because the seller has grain. When Rav restricts this concession to where 'two are missing but not three', he means that it is only permitted if a maximum of two Melachos have yet to be performed (before it is called 'Dagan'), but not three.

(b)According to Shmuel it doesn't matter how many manual Melachos are missing, but if one natural Melachah has yet to be performed, it is forbidden (i.e. it is not considered that the seller has wheat).

(c)To reconcile our Mishnah with ...

1. ... Rav, we establish it where the wheat has already been spread out in the sun to dry, and only threshing and winnowing are still required.

2. Shmuel, we point out that despite the fact that the wheat still requires winnowing (which normally requires a wind) it is always possible to sift it by using a manual fanning system.

4)

(a)Our Mishnah also permits paying for wine by the 'Avit shel Anavim' (pot of grapes)'. How will Rav explain this, seeing as the grapes still require heating, carrying to the press, pressing and running the wine from the press to the pit (four Melachos)?

(b)How does this answer the Kashya, bearing in mind that three Melachos still need to be performed?

(c)The Tana also permits paying for oil by the 'Ma'atan shel Zeisim' (the pot of olives). Here too, the oil still requires heating, taking to the press, threshing and running the oil from the press to the pit (four Melachos)? What amendment do we make here to reconcile Rav with our Mishnah?

(d)And how do we resolve the problem that three Melachos still need to be performed?

4)

(a)Our Mishnah also permits paying for wine by the 'Avit shel Anavim' (pot of grapes). Seeing as generally, the grapes still require heating, carrying to the press, pressing and running the wine from the press to the pit Rav amends the Mishnah from 'ha'Avit shel Anavim' to 'Komer shel Anavim' (like Rebbi Chiya's Beraisa on the next case), in which case, the grapes no longer require heating.

(b)Despite the fact that three Melachos still need to be performed Rav will establish the Mishnah in a place where the onus of running the wine from the press to the pit lies on the purchaser.

(c)The Tana also permits paying for oil 'by the 'Ma'atan shel Zeisim' (the pot of olives). Here too, the oil still requires heating, taking to the press, threshing and running the oil from the press to the pit (four Melachos). To reconcile Rav with our Mishnah we amend it exactly as we did the previous case, but this time by actually quoting the Beraisa learned by Rebbi Chiya, which changes 'Ma'atan shel Zeisim' to 'Komer shel Zeisim' (in which case, the olives no longer require heating). Here too however, Rav will establish the Mishnah in a place where the onus of running the oil from the press to the pit lies on the purchaser.

(d)And we resolve the problem that three Melachos still need to be performed just as we did there by establishing it where in a place where the onus of running the oil from the press to the pit lies on the purchaser

5)

(a)The Tana further permits paying for pots 'by the balls of clay of the potter'. How will Rav explain the fact that the clay still requires shaping into pots, drying, taking to the oven, baking and removing from the oven (five Melachos)?

(b)Once again, that leaves three Melachos that still require performing, a Kashya on Rav?

(c)Our Mishnah also permits paying for lime from the time that the materials have been placed in the furnace. How will Rav explain this, seeing as it still requires burning, removing from the furnace and adding water to melt the lime-bricks (three Melachos)?

(d)According to Shmuel, who permits purchasing goods even if a hundred Melachos still need to be performed, why does the Tana require the materials to have already been placed in the furnace? How does Shmuel therefore explain 'mi'she'Yeshak'enu be'Kivshan'?

5)

(a)The Tana further permits paying for pots 'by the balls of clay of the potter'. Rav explains that, although the clay would still normally require shaping into pots, drying, taking to the oven, baking and removing from the oven (five Melachos) the Tana is speaking where they have already been shaped and dried.

(b)Yet again, to answer the Kashya on Rav, that we are still left with three Melachos to be performed we establish the Mishnah in a place where the onus of removing the pots from the oven lies on the purchaser ...

(c)... and that is how he will explain our Mishnah, which also permits paying for lime from the time that the materials have been placed in the furnace, even though burning, removing from the furnace and adding water to melt the lime-bricks (three Melachos) still need to be performed (i.e. that it is speaking in a place where the onus of melting the lime-bricks lies on the purchaser).

(d)According to Shmuel, who permits purchasing goods even if a hundred Melachos still need to be performed, when the Tana states 'mi'she'Yeshak'enu be'Kivshan', he means from when they are ready to be placed in the furnace.

6)

(a)Rebbi Meir in a Beraisa, forbids paying for balls of clay until they have actually been manufactured. Rebbi Yosi agrees with him with regard to pots made of white earth, but not of black earth. What sort of earth did they used to use in the village of Chananyah and Shichin?

(b)What is the reason for Rebbi Yosi's distinction?

6)

(a)Rebbi Meir in a Beraisa, forbids paying for balls of clay until they have actually been manufactured. Rebbi Yosi agrees with him with regard to pots made of white earth, but not of black earth and he cites as an example of the latter, the earth that is found in the villages of Chananyah and Shichin.

(b)The reason for Rebbi Yosi's distinction is because white earth is scarce and the seller does not normally sell them until they are made, whereas black earth is easily available, in which case, we will apply the principle 'Im Ein la'Zeh, Yesh la'Zeh'.

7)

(a)Ameimar gave money for balls of clay after the potter had gathered the earth. What sort of earth are we talking about?

(b)Why ...

1. ... can he not hold like Rebbi Meir?

2. ... does he not seem to hold like Rebbi Yosi either?

(c)How do we finally reconcile Ameimar with Rebbi Yosi? What is the significance of the fact that 'Ashik Afra'? What does this mean?

(d)The Tana Kama permits paying money now to receive manure the whole year round. Rebbi Yosi requires the seller to have manure, but the Chachamim argue with him. On what condition do the Chachamim argue with ...

1. ... Rebbi Yosi?

2. ... the Tana Kama?

7)

(a)Ameimar gave money for balls of clay after the potter had gathered the earth black earth.

(b)Ameimar does not ...

1. ... hold like Rebbi Meir who requires the clay balls to be already manufactured.

2. ... seem to hold like Rebbi Yosi either since he permits paying for clay balls of black earth even if the potter has not yet gathered the earth, as we just explained.

(c)We finally reconcile Ameimar with Rebbi Yosi by pointing out that the black earth in his town was more scarce and expensive ('Ashik Afra') than that of Rebbi Yosi. Consequently, the purchasers did not rely on the sellers unless they had earth already piled, and there was not even a 'Mi she'Para' (which is an indispensable condition regarding 'Im Ein la'Zeh, Yesh la'Zeh').

(d)The Tana Kama permits paying money now to receive manure the whole year round. Rebbi Yosi requires the seller to have manure. The Chachamim argue with ...

1. ... R. Yosi in the summer, when everyone has manure in their fields (and 'Im Ein la'Zeh, Yesh la'Zeh' applies).

2. ... the Tana Kama in the winter, when they do not.

74b----------------------------------------74b

8)

(a)What our Mishnah mean when it concludes 'u'Posek imo ke'Sha'ar ha'Gavohah'? What is 'Sha'ar ha'Gavohah'?

(b)What happened to a certain man who gave money on behalf of his father-in-law for ornaments (clothes ...) for his sister-in-law's dowry?

(c)How did his father-in-law react to that?

(d)On what grounds did the Rabanan query Rav Papa's ruling that, if the Shali'ach did not specifically stipulate to take from the Sha'ar ha'Gavohah, he was obligated to accept them at the original price?

(e)How did Rav Papa explain his ruling? What did he mean when he said that ...

1. ... if he stipulated, he takes like the Sha'ar ha'Gavohah?

2. ... if he did not stipulate, he must accept like the original Sha'ar?

8)

(a)When our Mishnah concludes 'u'Posek imo ke'Sha'ar ha'Gavohah', it means that throughout the Mishnah, the purchaser only receives the fruit at the new cheaper price if he specifically made such a stipulation; otherwise, he must accept it at the original price.

(b)When a certain man who gave money on behalf of his father-in-law for ornaments (clothes ...) for his sister-in-law's dowry the price of ornaments dropped.

(c)His father-in-law reacted by retracting, unless the seller agreed to give him the ornaments at the new price.

(d)The Rabanan queried Rav Papa's ruling that, if the Shali'ach did not specifically stipulate to take from the Sha'ar ha'Gavohah, he was obligated to accept them at the original price on the grounds that money does not acquire, so why was he not able to retract?

(e)Rav Papa therefore explained, that when he said that ...

1. ... if he stipulated, he takes like the Sha'ar ha'Gavohah he meant that should the seller retract, he would receive a 'Mi she'Para'.

2. ... if he did not stipulate, he must accept like the original Sha'ar he meant that should the purchaser retract, then he would receive the 'Mi she'Para'.

9)

(a)Rav Papa assumed that the author of our Mishnah (which requires the purchaser to stipulate for the Sha'ar Gavohah) is the Rabanan of Rebbi Shimon, who hold that money is not Koneh. Ravina asked Rav Papa how he knew that the author is not specifically Rebbi Shimon. What would then be the reason that if the Shali'ach did not stipulate, he would have to accept the goods according to the original price?

(b)And what would the Rabanan then hold in the same case?

(c)To answer the Ravina's Kashya, Rav Papa established Rebbi Shimon exclusively by one Sha'ar, but not by two. What does he mean by that? Why would money not acquire by two She'arim, even according to Rebbi Shimon?

(d)How does this now explain why our Mishnah must go like the Rabanan, too?

9)

(a)Rav Papa assumed that the author of our Mishnah (which requires the purchaser to stipulate for the Sha'ar Gavohah) is the Rabanan of Rebbi Shimon, who hold that money is not Koneh. Ravina asked Rav Papa how we knew that the author is not specifically Rebbi Shimon, in which case, having failed to stipulate, the Shali'ach would have to accept the goods according to the original price because the money that he paid would have acquired the goods.

(b)And the Rabanan would then hold that he would in any event be entitled to receive the goods at the cheaper price, because that is what people expect, and it is on that condition that they pay the money (which is the Sevara of Rebbi Yehudah in our Mishnah).

(c)To answer Ravina's Kashya, Rav Papa established Rebbi Shimon exclusively by one Sha'ar, by which he means that Rebbi Shimon only holds that money acquires if the purchaser paid the money to receive the goods immediately and, either the price did not change, or it changed before the seller had a chance to deliver them. But by two She'arim (where the purchaser gave the seller the money with the intention of receiving the goods later, after the price had dropped), Rebbi Shimon will agree that the money does not acquire (because the purchaser's mind is on the new price [like the basic Sevara of Rebbi Yehudah]), only he cannot retract because of a 'Mi she'Para'.

(d)This now explains why our Mishnah must go like the Rabanan too because the Machlokes between the Rabanan and Rebbi Shimon is confined to one Sha'ar, but by two She'arim, they are of one accord.

10)

(a)What did Rav Acha Brei d'Rava mean to ask, when he queried Rav Ashi 've'Teipuk leih di'Shali'ach Shavyeih Me'ikara'? What problem did he have with the Mi she'Para?

(b)Then why did Rav Papa not threaten the father-in-law with a Mi she'Para?

(c)In answer to Rav Acha Brei d'Rava's Kashya, Rav Ashi replied 'be'Tagra de'Zavin u'Mazbin'. What did he mean by that?

10)

(a)When Rav Acha Brei de'Rava queried Rav Ashi 've'Teipuk Lei di'Sheli'ach Shavyeih Me'ikara', he meant to ask why the Shali'ach should receive a Mi she'Para, when it was his father-in-law who retracted?

(b)Nor could Rav Papa have threatened the father-in-law with a Mi she'Para seeing as it was not his fault that his son-in-law failed to stipulate like the Sha'ar ha'Gavohah.

(c)In answer to Rav Acha Brei de'Rava's Kashya, Rav Ashi replied 'be'Tagra de'Zavin u'Mazbin', by which he meant that, in fact, the son-in-law was not a Shali'ach at all, but adopted the role of a merchant, who purchased the goods (perhaps even on his own initiative), to sell at a profit to his father-in-law. And that explains why he was indeed subject to a 'Mi she'Para'.

11)

(a)What does the Tana of our Mishnah mean when he permits lending one's Aris 'Chitin be'Chitin'?

(b)How does he qualify this concession?

(c)Rebbi found it necessary to insert this Mishnah because of Raban Gamliel. What did Raban Gamliel used to do?

(d)Why did he do that?

11)

(a)When the Tana of our Mishnah permits lending one's Aris 'Chitin be'Chitin', he means 'Se'ah be'Se'ah', which is permitted in the case of an Aris, as will be explained shortly.

(b)And he qualifies this concession by confining it to where the owner lends the Aris the Se'ah of wheat to sow, but not to eat.

(c)Rebbi found it necessary to insert this Mishnah because of Raban Gamliel who, following a drop in price, used to take back the wheat from his Aris at the cheaper price, thereby sustaining a loss.

(d)He did that as a Chumra, not because he was obligated to.

12)

(a)What qualifier does the Tana of the Beraisa add to 'Chitin be'Chitin by an Aris', that our Mishnah deliberately omits?

(b)What basic difference between the two cases does Rava in the name of Rav Idi present, that explains this distinction?

(c)How does this explain the fact that our Mishnah permits 'Se'ah b'Se'ah', which is normally forbidden?

(d)And why is there no problem of 'Se'ah b'Se'ah' before the Aris has gone down to the field, even according to the Beraisa?

12)

(a)The qualifier that the Tana of the Beraisa adds to 'Chitin be'Chitin by an Aris', that our Mishnah deliberately omits is that it is only permitted as long as the Aris has not yet gone down to the field to begin work, but once he has, 'Chitin be'Chitin' is forbidden.

(b)The basic difference between the two cases presented by Rava in the name of Rav Idi, that explains this distinction is that whereas our Mishnah speaks in a place where it is the Aris who normally provided the seeds, in the place of the Beraisa, the onus lies on the owner.

(c)This explains why our Mishnah permits 'Se'ah be'Se'ah' (which is normally forbidden) because by not providing the seeds, the Aris effectively accepts the fact that the owner will take more of the proceeds (since they are after all, his seeds), and that he will just receive a wage for his Arisus, which is less than other Arisin.

(d)Even according to the Beraisa, as long as the Aris has not gone down to the field, there is no problem of 'Se'ah be'Se'ah' because the owner still has the right to retract from the deal (which is really the basic Sevara according to the Tana of our Mishnah, too). Consequently, there as well, it is as if the Aris has accepted to receive less than other Arisin.

13)

(a)A Beraisa begins with the statement that Reuven can ask Shimon to lend him a Kur of wheat on the express condition that he repays the loan with money. At which price will he pay him, should the price of wheat change?

(b)The continuation of the Beraisa however, appears to clash with the Reisha. What does the Tana then say?

(c)How does Rav Sheshes amend the Seifa, to resolve the contradiction?

13)

(a)A Beraisa begins with the statement that Reuven can ask Shimon to lend him a Kur of wheat on the express condition that he repays the loan with money to be paid at the original price of the wheat, even if it has changed.

(b)The continuation of the Beraisa however, appears to clash with the Reisha, because it continues that if the price of wheat dropped, the seller must pay wheat; whereas if it rose, he pays cash.

(c)To resolve the contradiction, Rav Sheshes adds the clause (to the Seifa) 'Im Lo Katzatz ... '.

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