EPISODE · Dec 27, 2019 · 5H 11M
*3.6-Makkos Daf 03 B (21 Lines Dn)*
from BNEI AVIGDOR. Learn with us. · host Ed Levy
*3.6-Makkos Daf 03 B (21 Lines Dn)**Summary**Rav Yehuda amar Shmuel:* If A lends B money *on condition that _Shevi’is_ does not nullify the loan.*_Shevi’is_ *does* in fact nullify the loan.*It would seem:* Shmuel is of the opinion that _masneh al mah shekasuv batorah tna’o bateil_ - A condition that is *against the Torah is not a condition.**Challenge:**Itmar* (We learned): If A makes a sale to B *on condition that he cannot complain of ona’ah* (deceptive pricing).*Rav:* There is _ona’ah._*Shmuel:* There is *no _ona’ah._*(Shmuel is of the opinion that one can yield his Torah-rights. But in the case of _shevi’is_ he holds that the one cannot yield?).*Resolution:**Rav Anan* explained the opinion of Shmuel as heard from *Shmuel* himself: In a case where A said “On condition that *you don’t hold _ona’ah_* against me”, then there is *no _ona’ah._*But if he said “On condition that *there is no _ona’ah_ ”* his condition cannot be effective, because there *is* in fact a _din_ of _ona’ah_ in the Torah.The same holds true for _shevi’is_ : If A said “On condition that *you don’t nullify the loan* when _shevi’is_ comes”, the loan would not be nullified.But if he said “On condition that *_shevi’is_ does not nullify the loan”,* _shevi’is_ *does* nullify the loan. See acast.com/privacy for privacy and opt-out information. This podcast has been graciously sponsored by JewishPodcasts.fm. There is much overhead to maintain this service so please help us continue our goal of helping Jewish lecturers become podcasters and support us with a donation: https://thechesedfund.com/jewishpodcasts/donate
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*3.6-Makkos Daf 03 B (21 Lines Dn)*
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