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Bava Metzia 48

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Today’s daf is sponsored by the Sosland family in loving memory of Rabbi Henry Sosland, z”l. “Dad, we strive every day to live by your values, especially your devotion to family, to learning, and to am Yisrael. Am Yisrael Chai!”

Today’s daf is sponsored by Judy Schwartz in honor of her beloved daughter Beki on her birthday. “With love, gratitude, and appreciation for your very existence! May your journey in the world of daf yomi continue to give you knowledge, strength, and the satisfaction of being part of an incredible Jewish learning endeavor!” 

Rava tries to prove Reish Lakish’s position, that money cannot effect a transaction by Torah law, by verses in the Torah (Vayikra 5:21, 23) and from a braita. In Vayikra 5:21, the verse mentions tsumet yad, which is understood as a borrower who has committed to giving a particular object to the lender as payment for a loan, and then later denies it. Even though this is forbidden, this situation does not reappear among the other situations in verse 23 where the Torah requires one to return the object. Rava proves Reish Lakish’s position from here as the borrower only received money and the creditor did not pull the object and therefore the object was not considered owned yet by the creditor. Rav Papa raises a difficulty but Rava resolves it. The braita brought to prove Reish Lakish’s position discusses laws of me’ila, misuse of consecrated property. If one pays with consecrated property (unintentionally) for another’s services, like an attendant in the bathhouse,  the payment effects the transaction and one cannot change their mind. But Rav infers from the braita that if the service charge includes also payment for objects that the service provider uses, then the payment does not effect the transaction the buyer pulls the object, proving Reish Lakish’s position. A difficulty is raised against this proof but they resolve it. When the Mishna states that the rabbis said about one who paid money for an item and then canceled the transaction that God will punish them, is this a curse or is it meant that the rabbis inform the person that God may punish him/her? Rava and Abaye disagree about this. Rava brings proof for his position (curse) from a story about Rabbi Chiya bar Yosef who was given a deposit/down payment for purchasing salt and when the price went up, he wanted to cancel the transaction. However, this proof is rejected as only a deposit was given and the issue was: it is considered that by giving the deposit, he had committed to the entire transaction or just for the part that his deposit covered? This issue is a debate between Rav and Rabbi Yochanan. An attempt to question Rav’s opinion is brought. However, the case dealt with land and the Gemara explained that since land can be acquired through money, the deposit is sufficient to require both sides to follow through with the entire transaction. The same would not apply to moveable items as they cannot be acquired through money. Therefore one must only keep a commitment for the part already paid for.

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