THE BUYER LOSES HIS MONEY
Rav Anan (was unsure because he) had not heard the Beraisa;
From Shmuel's opinion that it is not sold. he could not deduce that he gets his money back. Perhaps it is not sold and the money is a gift, like Shmuel said elsewhere!
(Rav): If a man was Mekadesh his sister, she must return the money. (Everyone knows that he cannot be Mekadesh her. He intended that she watch it for him, like a deposit);
(Shmuel): He intended to give her a gift. (Therefore, she keeps the money.)
Question (Abaye): Why do we fine the buyer? (He loses his money.) Rather, we should fine the seller!
Answer (Rav Yosef): A mouse could not steal (food) if it did not have a hole to hide it in. (Similarly, the seller could not transgress if he did not find a buyer.)
Question: The hole (buyer) does not steal unless there is a mouse (seller)!
Answer: (They are both responsible.) We fine the one holding the Isur. (The slave is in the hands of the buyer.)
CHANGES THAT DO NOT AFFECT THE REDEMPTION
(Mishnah): A year of mildew stricken crops... (but if he was Narah or Hovirah, this counts towards the two years).
Question: If Hovirah counts towards the two years (even though he did nothing), there is no need to say Narah (he plowed it)!
Answer: Narah teaches a Chidush:
One might have thought that the buyer need not return the field unless the seller pays him for harving plowed it. The Mishnah teaches that this is not so.
(Mishnah - R. Eliezer): If a field was sold...
(Beraisa - R. Eliezer) Question: What is the source that if one sold a field before Rosh Hashanah laden with produce, he cannot demand that the buyer return it laden?
Answer: "B'Mispar Shenei Tevu'os Yimkar Lach" (all the produce of the years is sold) teaches that sometimes one consumes three harvests in two years.
WHICH PRICE IS USED FOR REDEMPTION?
(Mishnah): If Reuven sold his field to Shimon for 100 (Zuz), and Shimon sold it to Levi for 200, (if Reuven wants to redeem it) he calculates according to the price of the first sale (which is lower), for it says "la'Ish Asher Machar Lo."
If Reuven sold to Shimon for 200, and Shimon to Levi for 100, Reuven redeems according to the second sale. "V'Chishav Es Shenei Mimkaro... la'Ish Asher Machar Lo" refers to the current owner.
One may not sell a field far away to redeem one nearby, nor sell a bad to redeem a good one, nor borrow money to redeem, nor redeem half the field;
One may redeem a Hekdesh field in any of these ways. This is a stringency of people over Hekdesh. (It is easier to redeem from Hekdesh.)
(Gemara - Beraisa - Rebbi) Question: If Reuven sold to Shimon for 100, and Shimon sold to Levi for 200, what is the source that Reuven redeems according to the first sale?
Answer: It says "la'Ish Asher Machar Lo."
Question: If Reuven sold to Shimon for 200, and Shimon to Levi for 100, what is the source that Reuven redeems according to the second sale?
Answer: "La'Ish" refers to the current owner.
Question (R. Dostai ben Yehudah): If Reuven sold to Shimon for 100, and the field (by itself) rose in value to 200, what is the source that Reuven redeems according to the sale price?
Answer: "V'Heshiv Es ha'Odef'" teaches that he gives only Odef in his hand (money left from the sale, but never more than it).
Question (R. Dostai): If Reuven sold to Shimon for 200, and the field declined in value to 100, what is the source that Reuven redeems according to the current value?
Answer: "V'Heshiv Es ha'Odef" teaches that he gives only Odef of the land (what it is still worth).
Question: What do the Tana'im argue about? (Rosh - surely, Rebbi agrees with R. Dostai's law. We learn from Eved Ivri)!
Answer: They argue about a case in which the land was expensive, became cheap, and rose in value again. (Rashi - Shimon bought from Reuven for 200, sold it to Levi for 100, and its value returned to 200. Rebbi holds that Reuven redeems for the lower sale price. R. Dostai holds that he redeems for the current value. R. Gershom - Reuven sold for 200, the value declined to 100 and returned to 200. R. Dostai holds that he redeems for 100, which is the lowest value of the field since it was sold. Rebbi discussed only the case of two buyers.)
Question: (According to both Tana'im,) what is the source to be lenient (redeem for the lower amount)? Perhaps we must be stringent!
Answer: We learn from a Gezeirah Shavah "Ge'ulah-Ge'ulah" from Eved Ivri. (Shitah Mekubetzes - if not for the above verses, we would not know to learn this from the Gezeirah Shavah; Tzon Kodashim - this is not really a Gezeirah Shavah. It is just a Giluy Milsa, i.e. reveals that the same applies in both cases.)
Question: What is the source to redeem Eved Ivri for the lower amount (if his value changed after he was sold)?
Answer (Beraisa) Question: If an Eved Ivri was sold for 100 and rose in value to 200, what is the source that he is redeemed according to the sale price?
Answer: We learn from "mi'Kesef Miknaso."
Question: If he was sold for 200 and declined in value to 100, what is the source that he is redeemed according to his current value?
Answer: We learn from "k'Fi Shanav."
Question: These verses discuss an Eved Ivri sold to a Nochri . What is the source for when he is sold to a Yisrael?
Answer: We learn from a Gezeirah Shavah "Sachir-Sachir."
Abaye: I am (prepared to answer any question,) like Ben Azai in the markets of Tiverya!
Question: The verses (for Eved Ivri) could be expounded leniently or stringently. How do we know to expound leniently?
Answer (Abaye): We find that the Torah is lenient for an Eved Ivri;
(Beraisa): "Ki Tov Lo Imach" teaches that he partakes of your (good) food and drink (and other comforts);
The master cannot eat clean bread, drink old wine and sleep on a soft mattress, and the Eved eats bread from inferior flour, new wine and sleeps on the ground. (Rather, one must treat his slave as well as himself);
Buying an Eved Ivri is like acquiring a master.
Question: Perhaps we should be stringent, because the Eved sinned!
(R. Yosi b'Rebbi Chanina): How severe is the punishment for the dust (i.e. a light prohibition, selling produce) of Shemitah!
If one sells Shemitah produce, he will later have to sell his Metaltelim. It says "bi'Shenas ha'Yovel ha'Zos Tashuvu...", and then "v'Chi Simkero... Oh Kano mi'Yad Amisecha," which refers to Metaltelim, which are acquired from hand to hand. (Tosfos - presumably, the punishment is Midah k'Neged Midah, for a transgression of selling.)
If he does not sense (that Hash-m is punishing him for his sin), he will have to sell his fields - "Ki Yamuch Achicha u'Machar me'Achuzaso";
If it does not occur to him (why he is faltering), he will have to sell his house - "v'Ish Ki Yimkor Beis Moshav Ir Chomah"
Question: Before, it said "if he does not sense." Why does it say now "if it does not occur to him"?
Answer: This is like Rav Huna's teaching.
(Rav Huna): Once one sins and repeats the sin, it becomes permitted to him.
Objection: Surely, it does not!
Answer: Rav Huna means that he considers it to be permitted. (The first time, he was aware that he was sinning.)
He will ultimately sell his daughter - "v'Chi Yimkor Ish Es Bito l'Amah." (This is the order according to R. Akiva Eiger.)
If it does not occur to him, he will need to borrow (from a Nochri) on interest - "v'Chi Yamuch Achicha... Al Tikach me'Ito Neshech v'Sarbis."
The Torah does not discuss selling a daughter in this Parshah. Nevertheless, that Tana teaches that it is better to sell a daughter before borrowing on interest;
This is because the cost of redeeming a daughter decreases over time, wheaeas a loan on interest increases.
If it does not occur to him, he will have to sell himself - "v'Chi Yamuch Achicha v'Nimkar Lach";
If he does not merit, he will sell himself, but not "Lach (to you, a Yisrael)," rather, "l'Ger", and not to a convert, rather, "l'Ger Toshav" (a Nochri who accepted to guard his seven Mitzvos). "Mishpachas Ger" teaches that he will sell himself to a Nochri. "Oh l'Eker" teaches that he will sell himself to idolatry itself (to chop wood and draw water, or to sweep in front of it).
Answer (Abaye): In spite of his sins, we find that the Torah is merciful upon him:
(Beraisa - Tana d'Vei R. Yishmael) Suggestion: Once he sells himself to idolatry, perhaps he will not be redeemed!
Rejection: "Ge'ulah Tihyeh Lo."
Question: Perhaps this is so he will not assimilate among Nochrim, but we are stringent about the redemption price!
Answer (Rav Nachman bar Yitzchak) Question: "Im Od Rabos ba'Shanim... v'Im Me'at Nish'ar [ba'Shanim" - are some years bigger than others?!
Answer: Rather, this teaches that if his value increased, his redemption is calculated "mi'Kesef Miknaso." If his value decreased, he is redeemed "k'Fi Shanav" (according to his current value).
Version #1 - Tosfos - Suggestion: Perhaps if he worked two years, the redemption for the four remaining years is based on Kesef Miknaso (since we are closer to the time of his sale than to the end of his term), but if he worked four years, he is redeemed k'Fi Shanav (based on his current value)!
Version #2 - Rashi - Suggestion: Perhaps the verses (do not discuss one whose value changed. Rather, they merely) teach that if he worked two years, the redemption for four remaining years is according to Kesef Miknaso; if he worked four years, the redemption is k'Fi Shanav, i.e. for the two remaining years. (end of Version #2)
Rejection: If so, it should have said "Im Od Rabos Shanim";
Rather, it says "Im Od Rabos ba'Shanim." This teaches that if his value increased during the years (of his slavery), the redemption is "mi'Kesef Miknaso." If his value decreased during these years, he is redeemed "k'Fi Shanav."
Rav Yosef praised this Derashah.
RESTRICTIONS OF REDEMPTION
(Mishnah): One may not sell a far field...
Question: What is the source of this?
Answer (Beraisa): "V'Hisigah Yado" means that he himself acquired the money. He may not borrow to redeem;
"U'Matza" excludes property he had from the beginning. He may not sell a far or bad field to redeem a close or good field.
This refers to "Kedei Ge'ulaso" (enough to redeem the entire field), but not half at a time
Inference: "Matza" connotes finding something acquired only now.
Contradiction (Beraisa): "U'Matza" (teaches that a Shogeg murderer goes to Galus only if the victim was there from the beginning. This) excludes a case in which the victim brought himself to be damaged;
R. Eliezer ben Yakov learns from here that if the victim stuck out his head after the rock left Reuven's hand, Reuven is exempt.
Answer (Rava): We learn from the context of the verses:
Here, "u'Matza" resembles "v'Hisigah Yado" (he did not have money when he sold. He only acquired it now);
There, "u'Matza" resembles the forest (in which he went to chop wood), which was there from the beginning.
(Mishnah): One may redeem Hekdesh (in any of these ways).
Question: What is the source of this?
Answer (Beraisa): "V'Im Ga'ol Yig'al" allows borrowing to redeem, and redeeming half at a time;
R. Shimon says, this is because one who sells a Sedeh Achuzah has more rights than a Makdish:
If a Ba'al sold his Sedeh Achuzah and did not redeem it before Yovel, it returns to him. Therefore, he has less redemption rights. He may not borrow to redeem, nor redeem half at a time;
If he was Makdish his Sedeh Achuzah and did not redeem it before Yovel, it is given to Kohanim. Therefore, he has more redemption rights. He may borrow to redeem, and he may redeem half at a time.