PAST DEDICATION
BAVA METZIA 44 - Dedicated by Dr. Douglas Rabin of Clifton N.J. in honor of the second Yahrzeit of his mother, Leah Miriam Bas Yisroel (and Fruma) Rabin.

1)

INTENT TO BE SHOLE'ACH YAD (cont.)

(a)

Question: What are the sources for their opinions?

(b)

Answer (Beraisa - Beis Shamai): "Al Kol Devar Pesha" obligates for intent like for action;

1.

Beis Hillel say, he is liable only if he actually took the object - "Im Lo Shalach Yado."

2.

Beis Shamai: It says "Al Kol Devar Pesha"!

3.

Beis Hillel: It says "Im Lo Shalach Yado"!

(c)

Question: What do Beis Hillel learn from "Al Kol Devar Pesha"?

(d)

Answer: One might have thought that he is liable only if he himself used it. "Al Kol Devar Pesha" teaches that he is liable even if his slave or Shali'ach used it on his command.

2)

LIABILITY FOR WHAT HE DID NOT INTEND TO TAKE

(a)

(Mishnah): If he tilted a barrel...

(b)

(Rabah): He is exempt on the rest only if the barrel broke, but if the wine soured, he is liable.

(c)

Question: What is the reason?

(d)

Answer: Taking some causes it to sour quicker (because the barrel is no longer full).

(e)

(Mishnah): If he lifted a barrel and took...

(f)

(Shmuel): He is liable for lifting it to take, even if he never took.

(g)

Suggestion: Shmuel holds that Shelichus Yad applies even without Chisaron.

(h)

Rejection: No. Here is different. Since the taker wants the rest of the barrel to help preserve the Revi'is he wants to take, he is considered a borrower.

(i)

Question (Rav Ashi): If one lifts a wallet to take a coin from it, what is the law?

1.

Wine needs other wine to preserve it. This does not apply to coins!

2.

Or, perhaps he wants the coin to be guarded in the wallet. It is less likely to be lost than a loose coin!

3.

This question is not resolved.

PEREK HA'ZAHAV
3)

WHAT ACQUIRES WHAT

(a)

(Mishnah): (In a sale, one acquires, i.e. consummates the sale, through Meshichah (taking to one's premises) of the commodity being sold. Meshichah of the currency being paid for it does not acquire. If gold coins were traded for silver coins, gold is considered the commodity and silver is the currency. Therefore,) Meshichah of gold acquires silver (i.e. the gold is his, and he must pay silver in exchange for it). Meshichah of silver does not acquire gold;

(b)

(Meshichah of) copper acquires silver, but silver does not acquire copper;

(c)

Bad coins acquire good coins, but not vice-versa;

(d)

A blank coin (which hasn't been stamped) acquires coins, but not vice-versa;

(e)

Metaltelim acquire coins, but not vice-versa;

(f)

All Metaltelim acquire each other.

(g)

If Reuven did Meshichah on Shimon's Peros to buy them and did not yet pay, he (either one) cannot retract;

(h)

If Reuven paid for Shimon's Peros and did not yet do Meshichah, Shimon can retract. However, Chachamim said 'He who punished the generations of the flood and the dispersion, He will punish one who does not honor his word.'

(i)

R. Shimon says, whoever is holding the money has the upper hand.

4)

GOLD VERSUS SILVER

(a)

Rebbi taught to his son R. Shimon 'gold acquires silver.'

(b)

R. Shimon: In your youth, you taught that silver acquires gold!

(c)

Question: What was Rebbi's reason in his youth, and in his old age?

(d)

Answer: In his youth, he reasoned that gold is more important, therefore it is the currency. In his old age, he reasoned that silver is more accepted (by sellers), so it is the currency.

44b----------------------------------------44b

(e)

(Rav Ashi): Presumably, his first reason is correct, for the Mishnah continues 'copper acquires silver, but silver does not acquire copper';

1.

If silver acquires gold, we understand why this was taught. Even though silver is the commodity with respect to gold, it is the currency with respect to copper;

2.

Question: If gold acquires silver, why this was taught? If silver is the currency with respect to gold (even though gold is more important), all the more so it is currency with respect to copper (which is less important and less accepted by sellers than silver)!

(f)

Rejection: We needed to teach it. One might have thought that in places where copper is used, it is more accepted than silver, and it is the currency. The Mishnah teaches that this is not so, since there are places where it is not accepted.

(g)

(We infer from the following that) also R. Chiya says that gold is the currency with respect to silver.

1.

Rav borrowed gold coins from R. Chiya's daughter. Their value increased (with respect to silver). R. Chiya ruled that he returns coins like he borrowed.

2.

This ruling is fine if gold is the currency.

3.

Question: If gold is the commodity, this is like lending a measure of grain on condition to return the same measure, which is forbidden (lest grain rise in value. This is Ribis mid'Rabanan!)

(h)

Rejection: Rav had gold coins at home. In such a case, one may lend measure for measure.

(i)

(Rava): The following Tana holds that gold is the currency.

1.

(Beraisa): A Perutah is an eighth of an Italian Isar. This is the amount needed to make Kidushin;

2.

An Isar is a 24th of a silver Dinar. This is pertinent to commerce;

3.

A silver Dinar is a 25th of a gold Dinar. This is pertinent to redemption of a firstborn son (which is five silver Shekalim, which equal 20 silver Dinarim).

4.

This is fine if gold is the currency, for then its value is considered fixed (and the redemption is always four fifths of a gold Dinar);

5.

Question: However, if gold is the commodity, why does the Tana gauge the redemption in gold? It fluctuates (the price of gold changes)!

(j)

(Mishnah #1 - Beis Shamai): If one has silver Sela'im (a Sela equals four Dinarim) of Ma'aser Sheni, he may not make (i.e. convert) them to gold Dinarim;

(k)

Beis Hillel permit this.

(l)

Version #1 (R. Yochanan or Reish Lakish): They argue about converting Sela'im to gold Dinarim. Beis Shamai hold that gold is the commodity, and we do not redeem currency on commodities (only on food in Yerushalayim);

1.

Beis Hillel hold that gold is the currency. We may redeem commodities onto currency;

2.

All agree that we may redeem Peros onto gold Dinarim.

3.

Question: Why do Beis Shamai agree? (They say that gold is the commodity!)

4.

Answer: This is for the same reason that Beis Hillel permit redeeming Peros onto silver. Even though silver is the commodity with respect to gold, it is the currency with respect to Peros;

i.

Likewise, Beis Shamai agree that gold is currency with respect to Peros.

(m)

(The other of R. Yochanan and Reish Lakish): They argue even about redeeming Peros onto (gold) Dinarim. (Beis Shamai hold that gold is a commodity, so we do not redeem onto it).

(n)

Question: If so, the Mishnah should rather teach the argument about redeeming Peros onto Dinarim!

(o)

Answer: If so, one might have thought that Beis Hillel agree that gold is the commodity with respect to silver, and silver may not be redeemed onto gold.

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