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Revach L'Daf
יום א', פרשת קדושים
Bava Metzia 67

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  • Summary of the Daf
  • 1. If someone sells a product for a sixth more than its value it is Ona'ah and the extra money must be returned because he doesn't know that he overpaid and he is not Mochel.
  • 2. If girl does Mi'un or someone divorces his wife because she is an Ailonis (a woman who is infertile), or a Sheniyah (a woman who is forbidden d'Rabanan) they do not receive a Kesuvah, or Peiros, or Ba'alus (clothing of the dowry).
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  • 3. If someone sells land on condition that if he attains the money the land will be returned to him the land shall be returned to him and the fruit that the buyer ate is Ribis d'Rabanan and Beis Din doesn't force the buyer to give it back.
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  • 4. If land was given as a Mashkon and the lender ate the fruit of the land it is a Safek if the Beis Din forces the lender to give the fruit back
  • 5. If land was given as a Mashkon in a place where the Minhag is that the borrower may take the land back whenever he repays the money if the lender ate fruit of the land that was worth the amount of the Chov the borrower may take the land and keep the money and the fruit that he ate is payment for the Chov.
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  • 6. R. Ashi holds that even though he ate fruit that was worth the entire amount of the loan it is not subtracted and the borrower must repay the money.
  • 7. If the lender ate more that the amount of the Chov he is not obligated to pay the borrower for the fruit that he ate and even if he is owed additional money from a different Shtar by the same borrower the extra fruit that he ate is not subtracted from the loan.
  • 8. If the borrower is an orphan and the lender ate more that the amount of the Chov he must pay for it and if he is owed additional money from a different Shtar by the same borrower the extra fruit that he ate is subtracted from the loan.
  • 9. If a person gives land as a Mashkon in a place that the Minhag is that he has the right at any time to repay the loan and take back the land the lender may only eat the fruit of the land if he pays a yearly fee that he subtracts from the loan.
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  • 10. A Talmid Chacham should not eat the fruit of a Mashkon even if he pays a yearly fee that he subtracts from the loan.
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  • 11. According to the first Lashon if the lender eat the fruit of the Mashkon for five years without paying a yearly fee and beyond five years he must subtract from the loan all of the fruit that he eats it is a Machlokes between R. Acha and Ravina if it is permitted.
  • 12. According to the second Lashon if the lender pays a yearly fee for eating the fruit of the Mashkon for five years and beyond five years he must subtract from the loan all of the fruit that he etas it is a Machlokes between R. Acha and Ravina if it is permitted.
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  • 13. Everyone agrees if the parties stipulate that after a certain number of years the Mashkon will be returned to the borrower without any payment it is not Ribis and it is permitted even for a Talmid Chacham.
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  • 14. If a Mashkon is given in a place where the Minhag is that he has the right at any time to repay the loan and take back the land if the lender dies the Ba'al Chov of the father may not collect the fruit of the Mashkon from the orphans and the Bechor doesn't take a second portion from the fruit and Shvi'is is Meshamet the Chov.
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  • 15. In a place where the Minhag is that the borrower may not take back the land any time that he repays the loan the Ba'al Chov of the father may collect the fruit of the land and the Bechor takes a second portion and Shvi'is is not Meshamet the Chov.
  • 16. If a person gives land as a Mashkon in a place that the Minhag is that he has the right at any time to repay the loan and take back the land when he takes the land back he takes even the dates that were harvested and were put laid out to dry on mats.
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  • 17. If the lender picked up the dates to place them in baskets he is Koneh with Hagbahah and the borrower my not take them back and according to the opinion that the utensils of a buyer is Koneh on the Reshus of the seller is Koneh even if he didn't pick them up he is Koneh.
  • 18. If a Mashkon is given in a place where the Minhag is that the borrower may repay the loan and take back the land at any time if the borrower stipulates at the time of the loan that he will not take back the land no Kinyan is necessary.
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  • 19. If a Mashkon is given in a place where the Minhag is that the borrower may not take back the land at any time if the borrower stipulates at the time of the loan that he will has the right to take back the land at any time it is a Machlokes if a Kinyan is necessary.
  • 20. If a Mashkon is given in a place where the Minhag is that the borrower may take back the land at any time once the borrower states that he is ready to give the money the lender may not continue to eat the fruit of the Mashkon.
  • 21. If the borrower states that he is ready to make the effort to get the money it is a Machlokes if the lender may continue to eat the fruit of the Mashkon until he is actually given the money.
  • Brief Insight
    REBUYING A SOLD FIELD

    A person sold his land to one of his relatives and he made a condition that if he attains the money the land will be returned to him, the land shall be returned to him and the fruit that the buyer ate is Ribis d'Rabanan and Beis Din doesn't force the buyer to give it back. The Pnei Yehoshua explains that the seller made this condition before the sale and therefore it is exactly the same case that was mentioned previously and it is forbidden because it is Ribis and the only question is if it is Ribis Min ha'Torah or d'Rabanan. However if the condition was made only after the sale was made it is as if he said if I want I will return it to you and there is no difference whether the condition was made by the seller or the buyer and it is not Ribis.
  • Quick Halachah
    A SALE WITH A CONDITION

    Someone who instructs his friend to buy him a field from Ploni and the seller tells the Shali'ach I will sell to you on condition that when I have the money you will return it to me and the Shali'ach responds that you and the buyer are good friends and decide among yourselves the condition is valid with and the field must be returned and he must return the fruit that he ate. (Shulchan Aruch YD 174:3)
  • Chakirah
    R. Nachman holds that Mechilah b'Ta'us is a Mechilah. A Kinyan b'Ta'us is not a Kinyan so why is a Mechilah b'Ta'us a Mechilah?
  • Author's Suggestion
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MASECHES BAVA METZIA
DAF 67 (סז)
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