DAF DISCUSSIONS - BAVA METZIA 46

Abe Gottesman asks:

Why is there is no gezaira that chalipin doesn't work because of nisrifu chitecha ba'aliyah just like by money?

Abe Gottesman, Toronto, Canada

The Kollel replies:

Sholom Rav,

It seems to me that the Chachamim let open the option of Chalipin in case the object that the purchase is acquiring is too far away to make a Meshichah.

Be'Virchas Kol Tuv,

Eliezer Chrysler

Jeno Gal comments:

Hi

By Chalifin the Mocher didn't get paid yet, ... so he would save the Chitin B'Aliya

Thanks

The Kollel replies:

Sholom Rav

I thought of that, but dismissed it because, since the transaction has been completed, he is owed the money, so the argument remains - why should he care if the wheat gets burned?

Be'Virchas kol tuv

Eliezer Chrysler

The Kollel adds:

Nosson Zvi, Baruch She-Kivanta! The Rashba says your svara!

It is in Chidushei Rashba 47b DH Gezera. He writes that since the seller not yet get paid, he will certainly make an effort to save the wheat from the fire because he is afraid of having to go with the customer through the legal proceedings of going to Beis Din etc.

Rashba adds that since with chalipin involving the "Sudar" we are not concerned about "Nisrefu Chitecha", we also say, because of "Lo Ploog", that for all sorts of Chalipin we are not concerned either; i.e. even for the sort of chalipin that is a genuine swop we also are not worried about Nisrefu Chitecha

KOL TUV

Dovid Bloom