Talking Talmud - podcast cover

Talking Talmud

Yardaena Osband & Anne Gordon
Learning the daf? We have something for you to think about. Not learning the daf? We have something for you to think about! (Along with a taste of the daf...) Join the conversation with us!
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Episodes

Bava Metzia 77: Labor Law

Rava's rulings in employment, in terms of setting norms, and what goes beyond all reasonable expectations. Plus, how people were trained not to renege on a contract, even an unwritten one.

May 15, 202419 minSeason 22Ep. 77

Bava Metzia 75: The Halacha of Hillel

The last daf of the fifth perek wraps up the discussion of interest with two final mishnahs. The Genara after the first mishnah shares an opinion if Hillel that is not followed. Why does the Gemara share this opinion? The second mishnah discusses multiple transactions that could be seen as having an interest payment. The perek ends with a discussion of three groups of people who cannot find justice in the courts.

May 13, 202418 min

Bava Metzia 74: Grapes, Olives, and Clumps of Clay

Contracting for produce in advance - even when the harvest or processing isn't finished, but the raw goods are already in the offing, and some number of steps are needed to complete the product. But whose process? Human handling or natural (or divine) ripening, etc.? Also, a series of cases to back the respective views of Rav and Shmuel. Plus, a new mishnah on lending seed wheat to one's sharecroppers.

May 12, 202415 minSeason 22Ep. 74

Bava Metzia 73: Placing Your Wine Orders Early

Surcharges for sharecroppers - is that interest or not? Plus, real cases vs. theoretical ones. And the details of how those real cases are manifest.

May 11, 202411 minSeason 22Ep. 73

Bava Metzia 72: Forward Contracting

The daf asks the question what happens if a non-Jew converts and was charged interest by a Jew - can the interest still be collected. A new mishnah discussed forward contracting and price setting of produce.

May 10, 202416 min

Bava Metzia 71: When Lending with Interest Seems OK, Maybe

Some reflections by the sages on how bad it is to lend with interest - where the mishnah seemed to allow it after all, at least with regard to non-Jews. The distinction between righteous people and regular people provides good food for thought. Also, what happens when one has lend funds with a guarantor, and how interest can apparently become part of the transaction, including when a non-Jew decides to function in accord with Jewish law. But a Jew can lend out a non-Jew's money with the non-Jew'...

May 09, 202422 minSeason 22Ep. 71

Bava Metzia 70: Charging Interest Non-Jews

How being an orphan (minor) changes the terms of the prohibition against interest. Also, a new mishnah: fixed costs on what becomes a loan (via caring for an animal as an investment) cannot be paid back differently - to a Jew. When dealing with a non-Jew, extra payment is indeed allowed.

May 08, 202419 minSeason 22Ep. 70

Bava Metzia 69: Covering Costs

More on the partnerships of yesterday's daf, but in story form. Plus, a new mishnah on appraising animals and their progeny, and when adding sums to the costs smacks of interest and when it doesn't at all.

May 07, 202416 minSeason 22Ep. 69

Bava Metzia 68: Iska

Rav Ashi shares a halacha about pledged property from the sages of Mechoza and explains the root of the word mishkanta. A new mishnah introduces iska and how it relates to a concern about interest.

May 06, 202413 min

Bava Metzia 67: The Dust of Interest

A case where a woman instructs a man to go buy property from her relatives on her behalf, which gives rise to the relative's question whether he'll be able to buy the property back, if and when he gets the money to do so. Which in turn gives rise to a discussion of whether that re-purchase can happen, and then the fruits of the field in the interim is either fully fixed interest or possibly a "hint" or the "dust" of interest (which is a rabbinic prohibition). Plus, how does the sale compare to a...

May 05, 202419 minSeason 22Ep. 67

Bava Metzia 66: Asmachta

The daf discusses different scenarios where a states condition may or may not be binding. The terms asmachta is used but in a way that is different than how it has been used before.

May 04, 202418 min

Bava Metzia 65: Higher and Partial Payments

The daf has two mishnayiot. The first describes circumstances when a higher price is allowed to be paid. The second discusses partial payment on a field and does the buyer or seller have access to the produce.

May 03, 202419 min

Bava Metzia 64: Looking a Lot Like Interest

More on advance payments... Where the product has to already be in one's tradition (in contrast to gourds, for example, that still need to grow). Plus, a specified amount as an advance discount that isn't used immediately is later considered interest. Also, a new mishnah! One who borrows money from another cannot allow the lender to stay in his courtyard, for example, lest it smack of interest (with some exception, based on the circumstances).

May 02, 202413 minSeason 22Ep. 64

Bava Metzia 63: Paying It Forward

Who is Rabbi Oshaya l, an amora, and what is his relationship with tannaitic literature. The daf discusses how a seller can use produce to pay a debt.

May 01, 202414 min

Bava Metzia 62: Market Rates

Is interest recoverable? It's a machloket, of course. Plus, how that plays out in the Jewish vs. non-Jewish courts, and the ways they functioned differently. Also, elaborating on the mishnah's case of rising market price, and a trade for another product, which (in this specific case) turns the seller into the borrower...

Apr 30, 202418 minSeason 22Ep. 62

Bava Metzia 61: Only God Knows the Truth

Chapter 5! A new mishnah, a new topic - moneylending, and the prohibition against taking interest. Also, the sidebar explanation for addressing the exodus from Egypt in the context of interest.

Apr 29, 202419 minSeason 22Ep. 61

Bava Metzia 60: Deceptive Selling

The final two mishnahs of the fourth perek deal with deceptive practices shopkeepers may not do because they hurt the buyer.

Apr 28, 202416 min

Bava Metzia 59: Tanur Shel Akhnai

The daf tells one of the most famous stories in the Gemara - Tanur Shel Akhnai. But why this story appears and the lessons to be learned from the disagreement between Rabbi Eliezer and the sages are often misunderstood. So why does this story appear in Bava Metzia and what does it teach us?

Apr 27, 202429 minSeason 22Ep. 59

Bava Metzia 58: God Owns the Consecrated Animals

Consecrated items for which one bears responsibility are subject to price fraud, but when one is not responsible, price fraud is irrelevant. But what does it mean for the consecrated property to belong to God? What about the human dimension? Plus, taking advantage of market demands, for better and worse. Also, a new mishnah - on "ona'at devarim" -- oppression or exploitation or just plain obnoxious speech.

Apr 26, 202418 minSeason 22Ep. 58

Bava Metzia 57: The Temple Won't Take Advantage (Because It's Allowed)

When is the capacity to take advantage of another not relevant? And if there's no risk of exploitation, is there any recourse to cancel the transaction for other reasons? Note the exceptions of consecrated property (hekdesh) and land... Also, what if transactions or loans are made in conjunction with consecrated property? The Temple has some flexibility with fluctuations in the costs of things - without it being exploitative.

Apr 25, 202415 minSeason 22Ep. 57

Bava Metzia 55: Worth a Perutah, Need a Fifth

2 mishnayot - Mishnah 1: Determining the differential to be considered exploitative, the amount to swear, and the amount to admit to owing money. Plus, 5 cases that depend on the equivalent of one perutah. Also, Mishnah 2: 5 halakhic categories for which "one-fifth" is relavant as an element of the halakhah.

Apr 23, 202413 minSeason 22Ep. 55

Bava Metzia 52: Eroded Coins

A new mishnah! The erosion of minted coins, and its diminished value, with the potential for fraud in using it, as the metal is worn away. Subject to a dispute between our mishnah and a beraita. Also, the Gemara in the second part of the mishnah - garments vs. coins, and how they're handled in the village vs. cities, where the moneylenders were available to check the coins. Plus, the application of a "generosity of spirit."

Apr 20, 202418 minSeason 22Ep. 52

Bava Metzia 51: Who Can Claim Fraud

A mishnah discusses if there is a time limit to claim price fraud. Also discussed if fraud can be committed by a person irrespective of a business or both? Rav and Shmuel debate if a seller can make a stipulation about price fraud in a sale.

Apr 19, 202414 min

Bava Metzia 50: Fraud at a Sixth

Establishing ona'ah at pricing that is a sixth over the value - with that time frame to consult and complain as temporary recourse. When is the sale considered final? Is that time limit really necessary? Also, once there's fraud, does it matter how extreme the fraud is? (Yes) Or how long the deadline really is? A close reading of the mishnah helps explain the overcharge.

Apr 18, 202417 minSeason 22Ep. 50

Bava Metzia 49: A Halakhic Better Business Bureau

Reneging on a verbal commitment toward a sale - illustrative stories. Also, a new mishnah! On "ona'ah" - cases of taking advantage of another in a measurable way that is already determined to be problematic. Plus, terms whereby a customer can walk back terms that smack of ona'ah.

Apr 17, 202420 minSeason 22Ep. 49

Bava Metzia 48: Divine Retribution

The daf explores the idea of Mi Sh’Para and what happens of someone reneges on a sale and the beit din cannot enforce the sale.

Apr 16, 202425 minSeason 22Ep. 48
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