- D'rabanan a transaction is only complete when the item being bought is taken under the protection of the buyer.
- Until this time, the seller can reneg on the transaction.
- If the price goes down, the buyer will want to reneg. If it goes up, the seller will want to reneg.
- If one has the power to transfer the item, that person has an option.
- Exercising this option is subject to a curse, even in halachah.
- We have a few questions:
- Why do the sages allow for the option but make it subject to a curse?
- Why is the format of the curse what it is?
- A curse is an appropriate punishment, because it aims to adjust the person's reputation appropriately.
The Gemara inquires: What is the reason for the opinion of Rav Naḥman? The Gemara explains: Rav Naḥman holds in accordance with the opinion of Rabbi Yoḥanan, who says: By Torah law money effects acquisition, i.e., when one pays money he acquires the item, even if he has not yet performed another act of acquisition. And for what reason did the Sages say that pulling acquires an item and money does not? This is a rabbinic decree lest the seller say to the buyer after receiving the money: Your wheat was burned in the upper story. If a fire breaks out or some other mishap occurs after a seller receives the money, he will not bother to save the goods in his house because they no longer belong to him, and the buyer may incur a loss.
דְּאִיתְּמַר: דְּבָרִים, רַב אָמַר: אֵין בָּהֶן מִשּׁוּם מְחוּסְּרֵי אֲמָנָה, וְרַבִּי יוֹחָנָן אָמַר: יֵשׁ בָּהֶם מִשּׁוּם מְחוּסְּרֵי אֲמָנָה.
אָמַר רַב פַּפֵּי, אָמַר לִי רָבִינָא: לְדִידִי אֲמַר לִי הָהוּא מֵרַבָּנַן וְרַב טָבוּת שְׁמֵיהּ, וְאָמְרִי לַהּ רַב שְׁמוּאֵל בַּר זוּטְרָא שְׁמֵיהּ, דְּאִי הֲווֹ יָהֲבִי לֵיהּ כֹּל חֲלָלָא דְעָלְמָא לָא (הֲוֵי קָא) [הָוֵה] מְשַׁנֵּי בְּדִבּוּרֵיהּ...
Rav Pappi said that Ravina said to me: One of the Sages, and Rav Tavot is his name, and some say Rav Shmuel bar Zutra is his name, and he is one who even if they were to give him the entire expanse of the world he would not deviate from the truth in his speech...
§ The mishna teaches with regard to one who reneges on a transaction after the money was paid: But the Sages said: He Who exacted payment from the people of the generation of the flood, and from the generation of the dispersion, will in the future exact payment from whoever does not stand by his statement. It was stated that there is an amoraic dispute. Abaye said that we inform one who seeks to renege on a transaction: Be aware that this is the punishment of one who does not stand by his statement. Rava said that we curse him with that statement.
אימתי מקבל החוזר בו מי שפרע ומתי נקרא מחוסר אמנה ובו י"א סעיפים:
מי שנתן דמים ולא משך המטלטלים אף ע"פ שלא נקנו לו המטלטלים כמו שנתבאר כל החוזר בו בין לוקח בין מוכר לא עשה מעש' ישראל וחייב לקבל מי שפרע ואפי' לא נתן אלא מקצת הדמים:
Someone who gives money but didn't take the items - even though he didn't formally acquire the items, as we will explain, anyhone who renegs, whether the buyer or the seller, does not act like the "behavior of Israel" and is required to accept the curse "who takes etc." and this is even if he only gave part of the money.
How does one accept the "one who takes etc"? They curse him in the court and say "Who extracted from the men of the generation of the flood, and from the men of the genration of the dispersion, and from the people of Sodom and Gommorrah, and from Egypt when they were drowned at the sea, he will extract from someone who doesn't stand by what he says"