Sunday 13 November 2016

Bava Metzia 48: Acquisition Gone Wrong

Some of the main conversation points detailed in today's daf:

  • negotiations that end in a statement about acquisition, not exchange, are discouraged 
  • discouragement by the rabbis can result in a curse
  • the curse only applies when no money has changed hands
  • the curse is caused by the the prohibition of an oath made in G-d's name
  • a pledge: a debtor designates a vessel as collateral for his loan then denies his debt
  • abstract debts are different from actual loans
  • oppression: withholding payment from one's worker after designating a vessel as a guarantee that his wage would be paid
  • one is prohibited from exploiting a buyer or a seller in any transaction
  • gentiles are not required to pull an item as part of a process of acquisition
  • consecrated property cannot be misused
  • when a down-payment - or possibly a full payment - is made in advance of the acquisition of an item and then the price goes up, the seller cannot renege.  Instead, he can explain the situation and hope that the buyer changes his price to save the seller from being cursed by breaking an oath.
  • partial and half payments
  • does the Sabbatical year abrogate all payments?

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