REVACH L'DAF
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SUMMARY
R. Shimon says even though Meshichah on a Talis is Koneh a Dinar of gold but a Dinar of gold is not Koneh a Talis, however a person who doesn't keep his word is cursed with a Mi She'Para. (1)
If someone gave his word to a deal but money didn't change hands although he may retract the Chachamim are not pleased if he doesn't keep his word. (2)
R. Chisda says that someone who denies a loan or wages that is owed to his worker and swears falsely is only Chayav a Korban Shevu'ah if he is set aside a utensil for the loan or for the wages. (3)
The utensil that was set aside for the loan or the wages must be returned after he was Modeh only if he had given it to his debtor and taken it back from according to Reish Lakish who holds that money is not Koneh. (4)
If someone gives money of Hekdesh b'Shogeg to a bathhouse attendant, or to a non-Jewish barber he is Mo'el because it is a Kinyan even without Meshichah. (5)
If someone gives money of Hekdesh to Jewish barber or sailor or for to anyone else who offers a service he is not Mo'el unless Meshichah was done. (6)
If someone gives money of Hekdesh to a produce wholesaler he is Mo'el even though Meshichah was not done. (7)
If someone gives money for an item and one of them retracts Abaye says we inform him that Hashem punishes those who don't keep their words, while Rava says that actually we curse him with the Mi She'Para.
Rava holds that the prohibition of cursing someone doesn't apply to a person who is not acting properly.
If someone is purchasing an item and he makes a partial payment he is only Koneh a percentage of the item in accordance with the amount that was given according to Rav, while according to R. Yochanan he is Koneh the entire object.
If a Mashkon is given by the buyer and they agree that if the buyer retracts he will forfeit the Mashkon and if the seller retracts he will double the Mashkon they must keep their commitments according to R. Yosi. (9)
R. Yehudah holds they are not obligated to keep their commitments but he is Koneh a percentage of the item in accordance with the value of the Mashkon.
R. Shimon Ben Gamliel says that he is only a Koneh of the percentage of the item in accordance with the value of the Mashkon because he did not give the Mashkon as a partial payment, but if he gave it as a partial payment he is Koneh the entire object.
If someone lends his money on a Mashkon even though the Mashkon is only worth half of the debt Shvi'is is not Meshamet the Chov according to R. Shimon Ben Gamliel. (10)
R. Yehudah ha'Nasi holds that if the Mashkon was equal to the value of the debt Shvi'is is not Meshamet the Chov, but if it not Shvi'is is Meshamet the Chov.
A BIT MORE
1. The One who punished the people of the generations of the Mabul, the Haflagah and Sedom will punish a person who doesn't keep his word
2. However, he is not cursed with a Mi She'Para
3. R. Chisda holds that the Chiyuv of a Korban Shevu'ah for denying a loan or wages is only if it is similar to Gezel, Pikadon or Aveidah where a specific object is being denied
4. If he didn't give it to his debtor since no Meshichah was done his debtor is not Koneh and he is not obligated to return that specific utensil, however according to R. Yochanan since money is Koneh the debtor is Koneh the object with the money that he is owed and therefore he is obligated to return the utensil that was set aside even if he had never given it to the debtor.
5. When someone gives money as payment for the services of the attendant since there is nothing to do Meshichah on the money is Koneh even according to Reish Lakish and they may not back out, since the money is Koneh it is Me'ilah of Hekdesh and he must bring a Korban Me'ilah. When he gives the money to a non-Jewish barber even though there is something to do Meshichah on (the scissors), however a Kinyan Meshichah doesn't apply to a non-Jew therefore he is Koneh with the money.
6. Because anytime there is something to do Meshichah one is not Mo'el without Meshichah and in this case Meshichah may bed on the scissors or on one of the items on the boat.
7. According to Reish Lakish who holds that money is not Koneh this Beraisa is in accordance with R. Shimon who holds that money is Koneh.
8. Rav only holds that he is only Koneh a percentage of the item with respect to a purchase of Metaltelin regarding a Mi She'Para but with respect to Karka he is Koneh all of the Karka even if he only made a partial payment..
9. The condition that they made are considered an Asmachta (a conditional commitment) and R. Yosi holds that an Asmachta is Koneh
10. Shvi'is is not Meshamet a Chov in which the lender is holding a Mashkon because the lender doesn't have to make a claim on the Chov since he is holding a Mashkon.
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BRIEF INSIGHT
KIDUSHEI ISHAH
R. Yochanan holds that money is Koneh Min ha'Torah but the Chachamim decreed that the seller or buyer may back out so that the seller will save the purchase item in the event of a fire, while Reish Lakish holds that money is not Koneh even Min ha'Torah. Rashi says that the practical different between R. Yochanan and Reish Lakish is if the seller is Mekadesh a woman with the money. According to R. Yochanan since money is Koneh Min ha'Torah the Kidushin is valid, while Reish Lakish holds it is not a Kidushin. The Pnei Yehoshua asks why may the seller be Mekadesh a woman with the money even according to R. Yochanan. Although Min ha'Torah money is Koneh however the Rabanan decreed that money is not Koneh and consequently the money is not his Maharam Schiff. The Pnei Yehoshua answers although the Rabanan decreed that the buyer or the seller may retract even if money changed hands as long as they take upon themselves a Mi She'Para, however as long as no one backed out the money belongs to the seller according to R. Yochanan and he may be Mekadesh a woman with it. Consequently, according to R. Yochanan the seller is responsible for the money as the Rif says in the name of R. Hai Gaon that the seller is responsible if anything happens to the money since he is permitted to use it. However, according to Reish Lakish it is forbidden for the seller to use the money and thus he is not responsible if anything happens to it.
QUICK HALACHAH
BREACH OF TRUST
If someone negotiates with words alone it is appropriate for a person to keep his word even though he didn't yet take any of the money and didn't make any mark on the item or give a Mashkon for it. If the buyer or the seller retracts even though he doesn't receive the curse of Mi She'Para it is considered a breach of trust and the Chachamim are not pleased with him. (Shulchan Aruch CM 204:7)
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