Bava Metzia - Daf 74
- סיטומתא
Rav Pappi said in Rava's name: האי סיטומתא קניא – a mark put on wine barrels selected by a purchaser (to be taken later as needed) effects acquisition. Rav Chaviva explains: למקניא ממש – this means to actually acquire like any other act of kinyan. The Rabbis said that it is only effective לקבולי עליה מי שפרע – that the retracting party must accept upon himself the curse of "מי שפרע", but the buyer does not take ownership of the wine. The Gemara concludes that the halachah is that it only generates a מי שפרע, but באתרא דנהיגו למקני ממש קנו – in a place where they have the custom that [סיטומתא] actually acquires, they acquire with it.
- Which processes may be lacking in produce and still be considered "יש לו"
The Mishnah on Daf 72b taught that one may make an advance purchase of produce, even without a market price, if the seller has produce, even if it is unprocessed. Rav says: מחוסר שתים פוסק – If the unprocessed produce is lacking two processes before its completion, he may make an advanced purchase on its basis, because it is considered like he has the produce. שלש אינו פוסק – If it is lacking three processes, he may not make an advance purchase on its basis. Since it is so far removed from completion, it is not like having the goods in stock. Shmuel says: בידי אדם – If the missing processes are in the hands of man to perform, אפילו מאה פוסק – then even if it lacks one hundred such processes, he may still make an advance purchase on its basis. בידי שמים – If, however, the missing processes are dependent on the hand of Heaven, i.e., they require natural events, אפילו אחת אינו פוסק – then even if it lacks only one process to completion, he may not make an advance purchase on its basis.
The Gemara poses numerous challenges from the examples of the Mishnah and answers them.
- ופוסק עמו כשער הגבוה
The Mishnah on Daf 72b stated: ופוסק עמו כשער הגבוה – a buyer of an advance purchase who wants to protect himself against price decreases may stipulate with [the seller] for the better price, requiring the seller to deliver goods at the later price if it decreases. Rebbe Yehudah said that the buyer may retract if the decreases, even if he never made a stipulation. The Gemara relates an incident in which someone made an advance purchase for his future father-in-law’s dowry. It decreased in price before delivery, and Rav Pappa told him that if he originally stipulated with the seller to give the best price, he may take the goods at the (lower) current price. He was asked that even if he had not stipulated, the buyer could retract from the purchase altogether, since money does not acquire movable goods!? He responded: אנא נמי לקבולי עליה מי שפרע קא אמינא – I, too, only meant with respect to accepting a מי שפרע curse on himself. If the buyer stipulated to follow the best price, then the seller would have to accept a מי שפרע if he declines to deliver the goods at the new price. If he did not stipulate, then the buyer would have to accept the מי שפרע if he demands the lower price.
