The Weekly Daf #26 Bava Metzia 44-50 Week of 20-26 Av 5756 / 28 July - 3 August 1994 By Rabbi Mendel Weinbach, Dean, Ohr Somayach Institutions ========================================================= ================ This issue is dedicated in memory of Mrs. Bracha Lampner z"l. ========================================================= ================ Fire Insurance The Case: A buyer gives a seller money for an article which is not real estate but does not physically take it into his possession. One of the parties subsequently wishes to back out of the deal. The Rule: Although it is improper to do so either party has the legal right to renege and cannot be compelled by the court to complete the deal. Since formal acquisition which makes a sale irrevocable can only be achieved by physically taking it the giving of money alone is not sufficient to achieve this purpose. The Reason: Torah Law, says Rabbi Yochanan, recognizes the transfer of money from buyer to seller as sufficient to make a sale final and irrevocable. Our Sages saw a need to insist on the physical transfer of the goods as the point of no return. Otherwise, they feared, a seller who received money but still had the goods in his warehouse might be indifferent about saving these goods from a fire which might break out in this warehouse since the threatened wares no longer belonged to him. They therefore decreed that as long as the goods had not been physically removed they still belonged to the seller even if he had received money for them. Bava Metzia 47b ========================================================= ================ Your Word Is Your Honor Although either party may back out if only money has been given but no physical transfer has taken place our Sages have expressed their disapproval of such faithlessness in the following imprecation: "He Who punished the Generation of the Flood, the Generation of the Tower of Babel Dispersion, the people of Sodom and Amorrah and the Egyptians in the Sea, will also punish the man who does not keep his word." Bava Metzia 44a and 48a Faithlessness was the common denominator of all the wicked people listed while faithfulness is considered to be a basic Jewish characteristic. Maharsha ========================================================= ================ SUBSCRIBE! to one of the many weekly "lists" published by Ohr Somayach Institutions: dafyomi - "The Weekly Daf," Rav Mendel Weinbach's insights into and comments on the seven pages of Talmud studied this week. Always interesting and CONTROVERSIAL reading! ask - Ask the Rabbi Column. Rabbi Yehoshua Karsh, of Ohr Somayach Jerusalem, answers YOUR questions on Judaism. weekly - Summary of the weekly Torah portion, plus summaries of commentaries from various sources. Designed for ALL readers, from INTRODUCTORY to ADVANCED. parasha-qa - Challenging questions on the weekly Torah portion. Includes the answers so you can check yourself! os-special A list devoted to bringing to you all the SPECIAL publications produced by Ohr Somayach Institutions. Sho'el U'meshiv Join our "virtual Beis Medrash" and R. Efraim Yawitz will try to find you an answer to your question on Gemara, Rishonim, or Acharonim on any level welcome. This is NOT a list, but an exclusive one-on-one service offered by Ohr Somayach. Set your subject to "SHOEL:" and send your mail to the "newman" account. There is NEVER a charge for any of the above lists (though your local information provider, such as Prodigy or CompuServe, might charge a nominal fee). To subscribe to any of these lists, send the message: subscribe {listname} {firstname} {lastname} to: listserv@jerusalem1.datasrv.co.il This address is only for SUBSCRIPTIONS. If you have any comments, questions and suggestions, we'd love to hear them! Send them to: newman@jerusalem1.datasrv.co.il Remember, these are all INTERNET addresses. Compuserve users must preface the address with "INTERNET:" ========================================================= ================ Dedication opportunities are available for The Weekly Daf Please contact us for details. ========================================================= ================ Jewish L EEEEEEEE Prepared by Ohr Somayach Institutions J L E 22 Shimon Hatzadik Street, POB 18103 J L Exchange Jerusalem 91180, Israel J J L E Tel: 02-810315 Fax: 02-812890 JJJJ Learning EEEEEEEE Internet: newman@jerusalem1.datasrv.co.il ========================================================= ================ (C) 1994 Ohr Somayach International - All rights reserved. This publication may be distributed to another person intact without prior permission. We also encourage you to include this material in other publications, such as synagogue newsletters. However, we ask that you contact us beforehand for permission.