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BAVA METZIA 46-49 - Dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb Yitzchok Yakov ben Eliyahu Grunberger. Irving Grunberger helped many people quietly in an unassuming manner and is dearly missed by all who knew him. His Yahrzeit is 10 Sivan.
Rabah says in the name of R. Huna if someone is holding money in his hands and he tells his friend sell me your object with this money and the seller took the money from him he is Koneh. (1)
If the money is less than the value of the object the Dinei Ona'ah apply, however R. Abba says in the name of R. Huna that the Dinei Ona'ah do not apply .
Rava says if a person is Koneh an object with a Kinyan Chalipin even though he is Makpid on the precise value of the object it is a valid Kinyan
If someone trades a donkey for a cow and a lamb and he does Meshichah on the cow but not on the lamb he is not Koneh.
R. Yochanan hold Min ha'Torah money is Koneh, however the Rabanan decreed that money is not Koneh because of the concern that the wheat he purchased will remain by the seller and may go up on flames. (2)
R. Huna says that a coin may not be used for a Kinyan Chalipin.
Rav holds the Kinyan of Chalipin is done with the utensil of the person who is Koneh while Levi holds that it is done with the utensil of the Makneh. (3)
Metaltelin may be acquired with a Kinyan Agav by making a Kinyan on Karka with Kesef Shtar or Chazakah.
A utensil that is not worth a Perutah may be used for a Kinyan Chalipin
R. Nachman says that a utensil may be used for a Kinyan Chalipin, while R. Sheshes holds that even fruit may be used for the Kinyan
All items may be acquired with a Kinyan Chalipin with the exception of a half of a pomegranate or half of a nut.
Shmuel says a utensil made out of dung may be used for a Kinyan Chalipin.
An object that one may not derive benefit from may not be used for a Kinyan Chalipin.
If an unstamped coin is being traded for a stamped coin a Kinyan on the unstamped coin is Koneh the stamped coin but not vice versa.
Ma'aser Sheni may be redeemed on an unstamped coin according to R. Dosa while the Chachamim argue, but they both agree that Ma'aser Sheni may not be redeemed on money that used as a Siman in a bathhouse.
If a person is purchasing fruit when he does Meshichah on the fruit he is Koneh and they may no longer back out, but if the money changed hands but Meshichah was not done on the fruit it is not a Kinyan and they may retract.
R. Yochanan holds Min ha'Torah money is Koneh while Reish Lakish holds Meshichah is Koneh Min ha'Torah.
The Dinim of Ona'ah does not apply to Karka.
The Din of Ona'ah also applies even if the seller was deceived and therefore if the buyer underpays for his purchase by a sixth or more the Din of Ona'ah applies.
R. Shimon holds if the buyer gave money for a purchase and he didn't yet do Meshichah the seller may back out but not the buyer. (4)
The Rabanan hold that both the seller and the buyer may back out however a person who backs out is cursed with a Mi She'Para.
A BIT MORE
1. Even though money is not Koneh, however in this case since the seller did not investigate how much money was in his hands and he accepted the money without counting it is akin to Chalipin and since it is an unusual case the decree of the Rabanan that money is not Koneh doesn't apply. Although coins may not be used for a Kinyan Chalipin ho the money in this case is Koneh with a Kinyan Damim, however since it is similar to Chalipin it is an unusual case of Kinyan Damim and the Rabanan in this case do not uphold their decree that money is not Koneh
2. The concern is that the wheat will remain in the hands of the seller after the money changed hands and if a fire breaks out he will not make the effort to save it from the fire because since it is no longer in his possession, therefore the Chachamim decreed that money is not Koneh and consequently the wheat remains in the possession of the seller and since he may back out if the value goes up he has incentive to save it from the fire
3. According to Levi the Makneh commits himself to giving the object when he gives his utensil for the Kinyan Chalipin in exchange for the benefit he receives from the willingness of the Koneh to accept his utensil.
4. R. Shimon holds that money is Koneh Min ha'Torah but the Rabanan decreed that the seller may back out so that he will make the effort to save the purchased item in the event of a fire.
A PARTIAL MESHICHAH
If someone trades a donkey for a cow and a lamb and he does Meshichah on the cow but not on the lamb he is not Koneh because it is not a completed Meshichah. The Tur states that according to some opinions only in this case the Meshichah is ineffective because the donkey can't be cut in half and a half of a Meshichah can't be Koneh a half of a donkey, however if the cow and the lamb are being traded for a Kor if wheat and he did Meshichah on the cow and not on the lamb he is Koneh a percentage of the wheat that is equal to the value of the cow.
All Metaltelin are Koneh each other with Chalipin, it goes without saying that it is an effective Kinyan if the parties are not Makpid to know the precise value of the object being traded which is similar to a Kinyan Sudar, but even if they are Makpid to know the precise value of the object they are trading which makes it similar to a purchase it is an effective Kinyan Chalipin. What is the case? If one person has a cow and the other person has a donkey and they evaluated the animals to see how much they are worth and they agreed to exchange them as soon as the owner of the cow does Meshichah on the donkey the cow is acquired to the owner of the donkey no matter where it is and neither one of them may retract. According to some opinions if the objects are evaluated a Kinyan Chalipin is effective even it is done with fruit, however some opinions' disagree. (Shulchan Aruch CM 203:1,2)
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