REDEMPTION OF BAYIS IR CHOMAH
(Beraisa #1): One may borrow to redeem, one may redeem half at a time;
Contradiction (Beraisa #2): One may not borrow to redeem, nor redeem half at a time.
Resolution: Beraisa #1 is like R. Shimon. Beraisa #2 is like Chachamim. (Rashi - the Beraisos discuss one who was Makdish his Sedeh Achuzah. Tosfos - they discuss one who sold a Bayis Ir Chomah.)
(Mishnah): If one sells a Bayis Ir Chomah, he can redeem it immediately, or any time until 12 months;
It is like Ribis (interest. The buyer enjoyed free rent for "lending" his money), but it is not Ribis.
If the seller died, his son may redeem it (within the year). If the buyer died, the seller may redeem it from the buyer's son.
The year is counted from the time of his sale (Rashi - even if the buyer resold it during the year) - "Ad Melos Lo Shanah";
"Semimah" is extra, to include Chodesh ha'Ibur (the added month in a leap year).
Rebbi says, it includes the extra 11 days in a solar year above a lunar year.
If the seller did not redeem it within the 12 months, it is Chalut (the buyer can keep it).
The law of a buyer and one who received a gift are the same, for it says "la'Tzmisus."
(Gemara): (The first law of) our Mishnah is unlike Rebbi;
(Beraisa - Rebbi): "Yamim (Tihyeh Ge'ulaso)" teaches that one cannot redeem his house until at least two days after selling it.
Question: How do Chachamim expound "Yamim"?
Answer #1: This teaches that the year is counted from day to day.
Question: What is Rebbi's source for this?
Answer: He learns from "Ad Tom Shenas Mimkaro."
Chachamim use that to teach that we count the year from the sale date, not according to the years of the (age of the) world, which are counted from Rosh Hashanah;
One might have thought that he may redeem until the beginning of the day (12 months later) - "Yamim" teaches from hour to hour (until the same time of day). (This is Answer #2 to Question (h).)
Question: What is Rebbi's source for from hour to hour?
Answer #1: He learns from "Semimah."
Chachamim use that to include Iburo (this could refer to the extra 11 days in a solar year, like Rebbi in the Mishnah, or Chodesh ha'Ibur).
Objection: In the Mishnah, Rebbi used "Semimah" to teach about Iburo!
Answer #2: Rebbi learns from day to day and from hour to hour from "Ad Tom Shenas Mimkaro."
(Mishnah): It is like Ribis...
Contradiction (Beraisa): It is genuine Ribis, but the Torah permitted it.
Answer #1 (R. Yochanan): Our Mishnah is R. Yehudah, and the Beraisa is Chachamim;
(Beraisa): If Reuven owed Shimon 100, and gave his field for collateral and wrote a document saying that if he does not pay by a certain date, Shimon will keep the field:
This is permitted only if Reuven eats the produce in the interim. (If Shimon would eat, and Reuven will pay, it was always a loan, and what Shimon ate was Ribis!)
R. Yehudah permits even if Shimon eats the produce in the interim.
R. Yehudah: A case occurred in which R. Elazar ben Azaryah authorized the buyer to eat the produce!
Chachamim: No, the seller ate.
Question: What do they argue about?
Answer #1: They argue about "potential" Ribis (a transaction dependent on a future event, perhaps it will turn out that it was a loan with Ribis; alternatively - Ribis that results from a sale). R. Yehudah permits it, and Chachamim forbid it.
Answer #2 (Rava): No, all forbid potential Ribis. They argue about whether one may take Ribis on condition to return it. (This is also another answer to the contradiction. Rashi - the Tana of the Mishnah holds that it is not called true Ribis, for it was initially a sale. R. Yehudah holds that it is true Ribis, for in the end, he receives. Tosfos - the Mishnah discusses when the buyer returns the rental value if he redeems the house. The Beraisa discusses when he does not return it.)
ZECHUS TO REDEEM
(Mishnah): If the seller died, his son may redeem it.
Objection: This is obvious!
Answer: Since it says "v'Ish Ki Yimkor Beis Moshav," one might have thought that this does not apply to the son, for he did not sell it. "V'Haysah Ge'ulaso" teaches that this is not so. (Even an heir can redeem.)
(Mishnah): If the buyer died, the seller may redeem it from the buyer's son.
Objection: This is obvious!
Answer: Since it says "la'Koneh Oso," one might have thought that it can be redeemed only from the buyer himself - "v'Hayesah Ge'ulaso" teaches that this is not so (it can be redeemed even from his heir).
(Mishnah): The year is counted from the time of his sale.
(Beraisa) Question: (If the buyer resold it,) do we count "Shanah" (the year) from the first or second sale?
Answer: "Ad Melos Lo Shanah Semimah" teaches that we count from the first.
Question: If the original owner did not redeem it, to which buyer is it Chalut?
Answer #1 (R. Elazar): The first buyer can redeem it from the second (and keep it).
Answer #2 (R. Yochanan): The second buyer keeps it.
Question: R. Elazar holds that since we count from the first sale, this shows that it is Chalut to the first buyer;
However, what is R. Yochanan's reason?
Answer (R. Aba bar Mamal): The first buyer sold all his rights to the house. (This includes that it will be Chalut to him if it is not redeemed within a year.)
THE YEAR OF REDEMPTION
(R. Aba bar Mamal): If two people bought Batei Ir Chomah, Reuven on the 15th of the first Adar (in a leap year), and Shimon on the first of Adar Sheni, Shimon's house is Chalut on the first of Adar (next year, there will be only one Adar), but Reuven's is not Chalut until Adar 15.
Question (Ravina): Reuven should be able to say 'since I bought before you, my house should be Chalut before yours!'
Answer: Because Reuven bought during the added month, he must wait an extra month until it is Chalut.
(R. Aba bar Mamal): If lambs were born in the flocks of Reuven and Shimon on (respectively) the 15th of Adar Rishon and Rosh Chodesh Adar Sheni, these lambs complete their years (we will explain the significance of this) on the coming Adar 15 and Adar 1, respectively. (Rashi - the case is, the lambs are Bechoros, which should be offered in their first year. R. Gershom - he teaches about when they will be considered rams. A lamb becomes a ram after a year and one month. Alternatively, he teaches about the Goren for taking Ma'aser Behemah, which must be within their first year.)
Question (Ravina): Reuven's lamb was born first. It should finish its year earlier!
Answer: Since it was born during the added month, it needs an extra month.
Question: Why did R. Aba need to teach both cases?
Answer: One might have thought that the extra month is included only regarding Bayis Ir Chomah, for there it says "Semimah";
R. Aba teaches that this applies also to a lamb. We learn from a Gezeirah Shavah "Shanah-Shanah."
(Mishnah): It says "Semimah"... Rebbi says, this includes the extra 11 days in a solar year.
(Beraisa - Rebbi): "Shanah Semimah" teaches 365 days, i.e. a solar year;
Chachamim say, we count 12 months. If it is a leap year, we count also the extra month.
(Mishnah): If the seller did not redeem it within the 12 months...
(Beraisa): "La'Tzemisus" means permanently;
Also, "la'Tzemisus" includes a gift. (The giver has no right to redeem it after one year. Griz - he redeems it for its current value.)
Question: How do we learn this from "la'Tzemisus"?
Answer: It could have said "Tzamis". Rather, it says "la'Tzemisus" to allude to something else that is Chalut.
(Rabanan): This is unlike R. Meir, who says that a gift is unlike a sale (it does not return in Yovel).
(Rav Papa): No, it is even like R. Meir. He agrees here, for also he expounds "la'Tzemisus."
Question (Rabanan): also regarding return of land in Yovel, Chachamim expound "Tashuvu" to include a gift, and R. Meir argues!
Conclusion: Indeed, the Beraisa is unlike R. Meir.
HEKDESH OF A BAYIS IR CHOMAH
(Beraisa): If Reuven was Makdish a Bayis Ir Chomah, he can redeem it at any time;
If Shimon redeemed it from Hekdesh, Reuven can redeem it from Shimon until 12 months (Rambam - from the time Shimon redeemed it). If he did not, it is Chalut to Shimon.
Question: What is the source of this?
Answer (Shmuel): "(It is Chalut) la'Koneh Oso", even if he bought from Hekdesh.
Suggestion: It should become Chalut to Hekdesh!
Rejection: It says "l'Dorosav". Hekdesh does not have children.
Question: What do we learn from "Lo Yetzei ba'Yovel"?
Answer (Rav Safra): If Yovel comes during the year after a Bayis Ir Chomah was sold, one might have thought that the house goes back. The verse teaches that this is not so.
REDEEMING AGAINST THE BUYER'S WILL
(Mishnah): At first, buyers would hide on the day 12 months were finished (to prevent the seller from redeeming), to be Cholet;
Hillel enacted that the seller can leave the money in a chamber (in Beis Din), and break down the door and re-enter his house;
The buyer can retrieve his money whenever he wants.