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© Yardaena Osband & Anne Gordon
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Learning the daf? We have something for you to think about. Not learning the daf? We have something for you to think about! (Along with a taste of the daf...)
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1589 Episodes
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A long mishnah (or a series that are published together): If a get is written with a name of a place that is not legitimate... Or other goofs in location... If other details are wrong... When is the get not a get? Plus, how a get that is not a get can really mess up a second marriage, and children from the second marriage. Plus, co-wives are treated like the divorcing woman too. Also, a deeper dive into the country that is not legitimate, and other countries as named in divorce. Plus, Rabbi Meir's approach in creating mamzerim.
Some reflections by the sages on how bad it is to lend with interest - where the mishnah seemed to allow it after all, at least with regard to non-Jews. The distinction between righteous people and regular people provides good food for thought. Also, what happens when one has lend funds with a guarantor, and how interest can apparently become part of the transaction, including when a non-Jew decides to function in accord with Jewish law. But a Jew can lend out a non-Jew's money with the non-Jew's consent.
How being an orphan (minor) changes the terms of the prohibition against interest. Also, a new mishnah: fixed costs on what becomes a loan (via caring for an animal as an investment) cannot be paid back differently - to a Jew. When dealing with a non-Jew, extra payment is indeed allowed.
More on the partnerships of yesterday's daf, but in story form. Plus, a new mishnah on appraising animals and their progeny, and when adding sums to the costs smacks of interest and when it doesn't at all.
A case where a woman instructs a man to go buy property from her relatives on her behalf, which gives rise to the relative's question whether he'll be able to buy the property back, if and when he gets the money to do so. Which in turn gives rise to a discussion of whether that re-purchase can happen, and then the fruits of the field in the interim is either fully fixed interest or possibly a "hint" or the "dust" of interest (which is a rabbinic prohibition). Plus, how does the sale compare to a loan under comparable terms? Also, delving into a case of fixed interest and, over time, a reduction of debt. Plus, loans canceled due to the shemittah year.
More on advance payments... Where the product has to already be in one's tradition (in contrast to gourds, for example, that still need to grow). Plus, a specified amount as an advance discount that isn't used immediately is later considered interest. Also, a new mishnah! One who borrows money from another cannot allow the lender to stay in his courtyard, for example, lest it smack of interest (with some exception, based on the circumstances).
Is interest recoverable? It's a machloket, of course. Plus, how that plays out in the Jewish vs. non-Jewish courts, and the ways they functioned differently. Also, elaborating on the mishnah's case of rising market price, and a trade for another product, which (in this specific case) turns the seller into the borrower...
Chapter 5! A new mishnah, a new topic - moneylending, and the prohibition against taking interest. Also, the sidebar explanation for addressing the exodus from Egypt in the context of interest.
The daf tells one of the most famous stories in the Gemara - Tanur Shel Akhnai. But why this story appears and the lessons to be learned from the disagreement between Rabbi Eliezer and the sages are often misunderstood. So why does this story appear in Bava Metzia and what does it teach us?
Consecrated items for which one bears responsibility are subject to price fraud, but when one is not responsible, price fraud is irrelevant. But what does it mean for the consecrated property to belong to God? What about the human dimension? Plus, taking advantage of market demands, for better and worse. Also, a new mishnah - on "ona'at devarim" -- oppression or exploitation or just plain obnoxious speech.
When is the capacity to take advantage of another not relevant? And if there's no risk of exploitation, is there any recourse to cancel the transaction for other reasons? Note the exceptions of consecrated property (hekdesh) and land... Also, what if transactions or loans are made in conjunction with consecrated property? The Temple has some flexibility with fluctuations in the costs of things - without it being exploitative.
2 mishnayot - Mishnah 1: Determining the differential to be considered exploitative, the amount to swear, and the amount to admit to owing money. Plus, 5 cases that depend on the equivalent of one perutah. Also, Mishnah 2: 5 halakhic categories for which "one-fifth" is relavant as an element of the halakhah.
A new mishnah! The erosion of minted coins, and its diminished value, with the potential for fraud in using it, as the metal is worn away. Subject to a dispute between our mishnah and a beraita. Also, the Gemara in the second part of the mishnah - garments vs. coins, and how they're handled in the village vs. cities, where the moneylenders were available to check the coins. Plus, the application of a "generosity of spirit."
Establishing ona'ah at pricing that is a sixth over the value - with that time frame to consult and complain as temporary recourse. When is the sale considered final? Is that time limit really necessary? Also, once there's fraud, does it matter how extreme the fraud is? (Yes) Or how long the deadline really is? A close reading of the mishnah helps explain the overcharge.
Reneging on a verbal commitment toward a sale - illustrative stories. Also, a new mishnah! On "ona'ah" - cases of taking advantage of another in a measurable way that is already determined to be problematic. Plus, terms whereby a customer can walk back terms that smack of ona'ah.
The daf explores the idea of Mi Sh’Para and what happens of someone reneges on a sale and the beit din cannot enforce the sale.
Defining "kinyan sudar" - a handkerchief version of halipin. Plus, "kinyan agav," where the act of acquisition is secondary and along the way of the acquisition of something else, usually movable items along with a purchase of land. Also, using exchange when you have no money or anything else of value to use for purchase.
More on exchange - including the question of using a coin as an indication of a formal act of acquisition. For it to work, he has to already have the coins in hand. Otherwise, it's too close to a sale. Also, Rav Nachman's opinion, the idea that money does effect the purchase by Torah law, and the exchange of money bags.
One who redeems ma'aser sheni on coins, and the desacralizes the coins to use them to buy the food in Jerusalem - how those coins can be exchanged, a dispute between Beit Shammai vs. Beit Hillel. Plus, the sourcing of the word "money" twice in the biblical verse. Also, when money is an exchange instead of a sale or a purchase payment.
2 mishnayot! Additional cases of an object left with a guardian, and how various variables change the guardian's liability. Note the differences between a store keeper, a money changer, and a guardian. Plus, the complications of a change in value and the obligation to replace an unprotected item. Also, when one has to pay the increased value, for wine, for example. Plus, Rabbi Akiva's opinion upheld.
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