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BAVA METZIA 66-67 - Dedicated by Andy & Nancy Neff of Teaneck, N.J. in honor of those who learn the Dafyomi around the world.
If someone sells a field without a guarantee and when he sees the buyer is sad he tells him that if it is taken from him he will compensate him from Idiyos his words are meaningless. (1)
If someone sells a house or a field and he makes a condition that when he attains the money it shall be returned to him it is forbidden. (2)
If the buyer offers to return the house or field when the seller has the money but he doesn't make it a condition in the sale it is permitted. (3)
If a Shechiv Mera gives a Get to his wife and his wife sees that he is distressed and she says don't worry if you survive I am yours it is not a valid condition and her words are meaningless. (3)
If someone lends money on his field and he tells the lender that if I don't pay you back within three years the field shall be yours it is permitted.
R. Huna says if the condition was made at the time that the he lent the money the buyer is Koneh the entire field even if it is worth much more than the amount of the land but of the condition was made at a later time he is only Koneh the vale of the money that was given.
R. Nachman says even if he made the condition at a later time he is Koneh the entire field
R. Nachman retracted later on and he said even if the condition was made at the time he lent the money he is not Koneh at all because an it is an Asmachta and an Asmachta is not Koneh. (5)
If the borrower tells the lender that if he doesn't pay back within three years he may keep his field he lender is not Koneh the Asmachta even if the borrower tells the lender prior to the due date of the loan that he shall be Koneh the field. (6) .
R. Papa says if on the due date of the loan the lender found the borrower sitting and drinking beer he is Koneh the Asmachta, but if he was attempting to come up with the money he is not Koneh. (7)
Ravina says the lender is Koneh the Asmachta if on the due date of the loan the borrower was not willing to sell his property for less than its value.
R. Papa says if the lender is definitely Koneh the Asmachta if on the due date of the loan the borrower was not willing to sell and of his land at all even for fair value.
R. Papa says if the borrower tells the lender that if he doesn't pay back within three years he may keep his field and if he pays back within three years his payment will only be from the field the field is an Aputiki for the loan. (8)
If someone sells a field with a guarantee and he tells him if the field is taken from him by his Ba'al Chov although he may not collect from Idi Idiyos he may collect from Idiyos and subsequently his Idi Idiyos was flooded it is a Machlokes if the buyer may collect from his Idiyos or only from Beinonis. (9)
If a borrower tells the lender that if he doesn't pay back within three years he may keep his field the lender is not Koneh because it is an Asmachta and if he at the fruit he must return it even though the borrower was Mochel because it appears like Ribis.
If someone sells the fruit of his tree to his R. Huna says he may retract before the fruit come into existence while R. Nachman holds he may retract even after the fruit come into existence (10)
R. Nachman admits that if he did not retract and the buyer ate the fruit he is not obligated to return it. (11)
A BIT MORE
1. The buyer is the one who should have made the condition not the seller and since the seller made the condition instead it is not a valid condition.
2. Since the seller will buy it back as soon as he has the money it is a loan not a sale and the buyer is eating the fruit of the field in the interim as a reward for the right of the seller to hold on to the money in the interim and it is Ribis.
3. Since the seller should have made the condition not the buyer it is not a valid condition and it is as if the buyer said if I want I will sell it back it to you therefore since seller can't force him in Beis Din to give it back it is a sale not a loan and if he does give it back he is reselling it and it is not Ribis.
4. She was not accepting a condition she was just trying to comfort him.
5. It is an Asmachta because the borrower is promising to give a field that is worth more than the loan in the event that he doesn't pay back the loan.
6. Because he is only saying it out of embarrassment even though it is it yet time to pay back the loan he doesn't want that the lender shall have to go through the trouble of claiming the loan when it is due.
7. If he is drinking beer it is obvious that he is not even attempting to pay back the loan and he doesn't care if the lender takes the field.
8. Even though he may not collect the entire field if the loan is not repaid because an Asmachta is not Koneh, however the field is an Aputiki and he may collect a piece of the field that is equal to the amount of the loan.
9. According to one opinion that buyer may only collect from Beinonis because the remaining Idiyos is in place of the Idi Idiyos.
10. R. Huna holds like the opinion that a person may be Makneh something that has not yet come into existence however even according to that opinion he may retract if it is not yet in existence, while R. Nachman holds like the opinion a person may not be Makneh something that has not yet come into existence.
11. Because the seller was Mochel and even though he was Mochel b'Ta'us because he didn't know he had the right to retract even so it is a valid Mechilah.
If someone sells a field without a guarantee and when he sees the buyer is sad he tells him that if it is taken from him he will compensate him from Idiyos his words are meaningless. If a Shechiv Mera gives a Get to his wife and his wife sees that he is distressed and she says don't worry if you survive I am yours it is not a valid condition and her words are meaningless. Tosfos explains the condition is meaningless s because the buyer had already agreed to buy it without a guarantee and even though he was sad he wasn't about to retract from the purchase even though there was no guarantee, therefore the offer of the seller of a guarantee is meaningless. However if at the very beginning the seller offered to guarantee the purchase it is a valid condition since the buyer was only willing to but it with the guarantee. The same logic applies to the case of the Get that it is only a meaningless condition if he had already decided and to give the Get without a condition and she was simply trying to comfort him, but if he in the beginning before he decided to give a Get she said that if you survive it shall not be a Get it is a valid condition.
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