Bava Metzia - Daf 48
- "מי שפרע", and a mere verbal agreement
The Mishnah on Daf 44a stated regarding one who retracts from a purchase after giving money: אבל אמרו– but [the Sages] said about him, - מי שפרע מאנשי דור המבול ומדור הפלגה - “The One Who punished the generation of the Flood and the Generation of Dispersion, הוא עתיד להפרע ממי שאינו עומד בדבורו – He will ultimately punish someone who does not keep his word!” This is understandable according to Rebbe Yochanan, that money acquires Biblically, so although the Rabbis decreed he can retract, he is punished for doing so. But according to Reish Lakish, that money does not acquire at all, why is he punished? The Gemara answers: משום דברים – because of violating his words. This is challenged from Rebbe Shimon’s statement in a Baraisa, that one who retracts from a purchase with money will be punished by the One Who punished the people of the generation of the מבול, the הפלגה, of סדום and עמורה, and Mitzrayim at the Yam Suf. והנושא ונותן בדברים – And one who buys and sells with words alone does not acquire, and if he retracts, אין רוח חכמים נוחה הימנו – the Sages are not pleased with him, but he is not subject to מי שפרע!? The Gemara answers: דברים ואיכא בהדייהו מעות – when words are accompanied by monetary payment, he is subject to מי שפרע, but for a mere verbal commitment, he is not.
- Informing or actually cursing with מי שפרע
Abaye said: אודועי מודעינן ליה – we inform him that if he retracts, he will be subject to "מי שפרע", but we do not curse him. Rava says: מילט לייטינן ליה – we curse him ourselves with "מי שפרע". Abaye holds we do not curse him, because the passuk says: ונשיא בעמך לא תאר – a leader among your people you shall not curse, which is also prohibited for ordinary Jews. Rava responds that the word "בעמך" – among your people teaches that cursing is only prohibited בעושה מעשה עמך – with one who acts in accordance with your people’s actions. Rava brought support for his position from an incident in which Rebbe Chiya bar Yosef was paid for salt, but it appreciated in value before it was taken, and he wanted to retract. Rebbe Yochanan told him to give them the salt, and if not, to accept "מי שפרע" on himself. Surely Rebbe Chiya bar Yosef did not need to be informed of מי שפרע, so this indicates that we actually curse one who retracts. The Gemara counters that he certainly would not put himself in a position to be cursed, and the incident is explained differently.
- If a down payment acquires equal to its value, or the entire purchase
Amoraim discuss how much of a purchase is acquired by an ערבון – down payment (regarding incurring מי שפרע for retracting). Rav says: כנגדו הוא קונה – it acquires equal to its value. Rebbe Yochanan says: כנגד כולו הוא קונה – it acquires the entire [purchase]. Rav is challenged from a Baraisa in which Rabban Shimon ben Gamliel says that if money is given to a seller, not as a security, but as a partial payment, e.g., he buys a house or field worth a thousand zuz, and gives five hundred as a down payment, he acquires the entire land, and the balance is owed as a debt. The Gemara assumes the same applies to movable possessions: בדסתמא קני להו לכולהו – if money is given without specifying it is for a down payment, he acquires the entire [purchase] (regarding מי שפרע for retracting), which contradicts Rav!?
The Gemara answers that regarding a land purchase, which is actually acquired with money, a partial payment also acquires all of it. Regarding מטלטלין, where money only acquires for incurring מי שפרע for retracting, a partial payment does not even “acquire” the entire purchase.
