POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Metzia 66
1) EMPTY WORDS
(a) (Ameimar): Reuven sold land to Shimon without Achrayus;
he saw that Shimon was sad, so he promised 'if it is
taken from you, I will return any improvements or produce
on it from my best property' - these are empty words (he
just wants to make him feel better).
(b) Question (Rav Ashi): Is this because the buyer must
stipulate, and here the seller stipulated?
1. But in the Beraisa, if Shimon said 'When you get the
money, I will return it to you', this is permitted -
and Rava explained, this is because Shimon said 'If
I want, I will return it' - otherwise, it would be
binding, even though Reuven should stipulate!
(c) Answer (Ameimar): Rava means, (since Reuven must
stipulate) it is as if Shimon said 'If I want, I will
(d) A dying person wrote an (unconditional) Get to his wife;
he was groaning out of regret.
1. His wife: Don't worry - if you recover, I am yours!
(e) (Rav Zevid): These are empty words.
(f) Question (Rav Acha mi'Difti): If they were not empty
words, would we say that she made the Get conditional?
Only he can do that!
(g) Answer (Ravina): One might have thought, he gives it as
she wants (and she shows that she wants it to be on
condition) - Rav Zevid teaches, this is not so
(a) (Mishnah): Levi lent Yehudah (on condition to keep his
field if the loan is not paid within three years).
(b) (Rav Huna): If the condition was made when the money was
given, it is binding (even if the field is worth more
than the loan); if the condition was made afterwards,
Levi only gets land according to the amount of the loan.
(c) (Rav Nachman): Even if the condition was made afterwards,
it is binding.
(d) Rav Nachman judged a case involving the Reish Galusa
according to his opinion; Rav Yehudah tore up the
document. The Reish Galusa informed Rav Nachman.
1. Version #1 - Rav Nachman: He is a great man, surely
he found a good reason to tear it.
(e) Retraction (Rav Nachman): Even if the condition was made
when the money was given, it is void.
2. Version #2 - Rav Nachman: That was childish - the
Halachah follows me in monetary laws!
(f) Question (Rava - Mishnah): 'If the loan is not paid
within three years, it will be my field' - he gets it.
(g) Answer (Rav Nachman): I used to hold that Asmachta (an
exaggerated promise) acquires - Minyomi convinced me that
it does not.
(h) Question: The Mishnah refutes Minyomi!
(i) Answer #1: The Mishnah is R. Yosi, who says that Asmachta
(j) Answer #2: The case is, the borrower said 'Acquire it
from now (on condition that I do not pay in time)'.
3) AN APOTIKI
(k) Question (Mar Yanuka and Mar Kashisha, sons of Rav
Chisda): In Neharda'a, they cite Rav Nachman to say that
Asmachta acquires (when he does not pay up) at the
(proper) time (but not before)!
1. Objection (Rav Ashi): Any acquisition only acquires
at the proper time, not before!
(l) Suggestion (Rav Ashi): Perhaps Rav Nachman means, if they
met within the allotted time and Yehudah (the borrower)
said 'Acquire it (I will not pay)', Levi acquires (since
Yehudah was under no pressure to pay now, surely he was
1. If they met after the allotted time and Yehudah said
'Acquire it', Levi does not acquire.
(m) Rejection: Even if they met within the allotted time,
Levi does not acquire - Yehudah only intended that Levi
should not press him for payment when the time comes.
2. Question: Why not?
3. Answer: Yehudah was insincere, he was just
embarrassed to say that he cannot pay now.
(n) Opinion #1 (Rav Papa): Sometimes Asmachta acquires,
sometimes it does not: if (on the last day to pay) Levi
finds Yehudah drinking beer (he is not worried about
keeping his field), Levi acquires;
1. If Yehudah was trying to raise the money, Levi does
(o) Objection (Rav Acha mi'Difti): Perhaps Yehudah was
drinking to calm his nervousness (about raising the
money), or someone promised to give him the money!
(p) Opinion #2 (Ravina): Rather, if Yehudah is insistent not
to sell his belongings below their value (this shows that
he is not concerned to raise the money), Levi acquires.
(q) Objection (Rav Acha mi'Difti): Perhaps Yehudah is
concerned that people will not give the proper price for
his land if they see that he is desperate to raise money.
(r) Retraction (Rav Papa): Rather, if Yehudah is insistent
not to sell any land, Levi acquires.
(a) (Rav Papa): Even though Asmachta does not acquire, the
land is an Apotiki to collect the value of the loan from
(b) Question (Rav Huna brei d'Rav Noson): Yehudah never told
Levi to acquire the land to collect from it!
(c) Objection (Mar Zutra brei d'Rav Mari): Even had he told
Levi to acquire the land to collect from it, that is
Asmachta, he does not acquire!
(d) Question: What is the case in which Rav Papa said that
Asmachta does not acquire, the land is an Apotiki?
(e) Answer: He said, your only payment will be from this
(f) Reuven bought land from Shimon with Achrayus; he
requested 'If the land is taken from me, compensate me
from your absolute best land'. Shimon agreed to give
Idis, but not his absolute best land. The land was taken
from Reuven; a river flooded Shimon's absolute best land.
(g) (Rav Papa): Shimon agreed to give (other) Idis, he still
(h) Objection (Rav Acha mi'Difti): Shimon only agreed to this
assuming that his absolute best land was intact - now
that it is not, his Idis is his absolute best!
(i) Rav bar Sheva owed Rav Kahana money. He fixed a date, and
said 'If I don't pay by then, you can collect from this
(j) (Rav Papa): We only say that Asmachta does not acquire
regarding land, for it is not standing to be sold - but
wine is standing to be sold, it is like money!
(k) Objection (Rav Huna brei d'Rav Yehoshua): Rava said, any
(promise starting with) 'If' does not acquire.
(l) (Rav Nachman): Since we say that Asmachta does not
acquire, the land and any produce which the buyer ate
revert to the original owner.
(m) Question: Does Rav Nachman hold that one who absolved a
debt based on a mistaken assumption the absolution is
invalid? (He contradicts himself, as follows!)
1. (Rav Huna): Reuven sold the fruits (that will grow)
on his date tree - he can retract until they grow;
(n) Answer: Regarding a sale, mistaken pardon helps, but not
regarding a loan (for it looks like Ribis).
2. (Rav Nachman): He can retract even after they grow.
3. Rav Nachman: I admit, if the buyer ate them, he need
not compensate Reuven (for Reuven did not know he