Intriguing Choshen Mishpat Case Involving Jewelry & other questions - Rabbi Chaim Mayer Roth

Good day, good day. Good day. Look at my palm and shake your head like you want me to learn today. How much do we have to cover here? Lots of liquor. Everybody knows that sometimes people used to ask me what topic is he giving. So when I just say it's a high minded oath, you know it's going to be good. Every topic is going to be worthy. >> [clears throat] >> Good morning. We have the opportunity to say a sheer. I'm not a magister over here so I don't get so much custom to be. I'm allowed to try that I'm a Jew so I have opportunity. Some of the older ones to thank you for giving me the opportunity to hear a sheer. It's going to be a fair >> [clears throat] >> I'm going to forgive you this question so I have I have to learn something. I'm going to learn. First there Yeah, he says what [clears throat] I speak about I usually speak about different shiners that come up when I get to the Yom Tov from a kosher mishpacha standpoint. >> [clears throat] >> So the shiner the first shiner I want to discuss today again this is a mice and shoyer just last week. It was a lady who had an interest in selling a piece of jewelry that she no longer was wearing. A short sitting in the drawer. Some people feel good that the jewelry sitting in the drawer. But she said I might as well sell it cash in. I want to sell this piece of jewelry. There's a lady that's a broker. She does brokering of second hand jewelry. And she's looks for coin. So this person wanted to sell this piece of jewelry, reached out to this lady. She came, she brought her the piece the piece of jewelry. She looked at it and she said she thinks she could sell it for this certain price. The lady said she's not sure that that's the price she was looking for. Maybe she could get a little more. She said first find out how much it weighs in gold. Cuz part of the figuring out the price is push it the metzias. Today with gold being so expensive maybe she could get a little more. How much is it worth in gold? So she said okay she'll look into it. She looked into it. She got the price of the piece of jewelry in gold. She texted to this lady what the price is in gold and it was in it it stemmed with the price that she gave her originally for what she could sell it for. It was the right price. And go she got no response. She understood from her that she's good to go cuz she left the piece of jewelry with her. She didn't respond. And she thought okay. And she went and she has I guess some kind of way to be mafias and what she has somebody from a different state a different place was interested in this piece of second hand jewelry. The person looked at it paid [clears throat] the price gave it to the broker and the broker turned back around to the seller and said here I sold it for you and here you sold it. What? I I decided not to sell it. >> [clears throat] >> I sold it. No, I want to keep it. She said I'm not a shoyer for a lawyer. And I already sold it to somebody else. So she said no. You sold it to your lawyer so you had no right to sell it. And I want it back. So the broker called me and she wants to know do I have to get it back from the buyer? Now I said it's very not good for my business to go back to this buyer and say you know I sold it to you without permission. Please give it back. That's not going to be so smart. That's going to be so so if I'm a lawyer okay I'm a lawyer but I'm not looking to be nice. I'm I want to know what the law is. Am I a lawyer? And I [clears throat] want to add let's assume for a second that it's true that the shliach maybe this lady has a right or has a right to get it back and this shliach but does the buyer have to accept and say he wants to give it back? The buyer said I don't know what you're talking about. I don't know who you are. I have a piece of jewelry. I wouldn't put it get out of my life. I own it and get out of here. So we're going to begin with obviously this lady who is the broker is not a buyer and a seller. She doesn't buy [clears throat] it from the one who owns the jewelry and sell it. She's a broker. She gets a fee for brokering it. So there therefore it's a sugia of shlichus. That means the coyer of the broker to sell this piece of jewelry to a buyer is as a shliach of the moicher. An agent of the moicher. It falls into the sugia of shlichus. The law here is that shlichus shlichus doesn't need a kinyan. But the people but a owner one can make someone a shliach to sell something for him. Even though there's no kinyan made. For example in Shulchan Aruch it says in kuf pei beis seif alef it says in Shulchan Aruch for oimer shluchah say omer karka from metaltelin or knailey are they the moicher or the oisur shlichus or maiser kayomin? The ain oisur shliach kinyan loy adam al bamira al baino u'bain chaveiroi. The ain oisur adam al hagavah kofa achamai. So we don't need shlichus. We don't need kinyan. We don't need adam. You said he's a shliach. I'm assuming the oilem is familiar with hilchos shlichus because you all sold your chometz. And many people think that the rov buys their chometz. They say I want to sell my chometz to the rov. The rov says do me a favor that I'm not buying your chometz. I have enough problems of my own. I'm just being your shliach to sell your chometz to somebody else. And there everyone picks up very very very very holy about the gava. It was a shliach shliachus with a gava or a shliach shliachus with a pen or with a couple. Why make a kinyan? You don't need a kinyan. He's a shliach. Does a shliach need a kinyan? And the answer is you don't really need a shliach. And if you forget to do it it's good. It's just like the Rambam says many times we do things to show that you mean it serious we do it with a kinyan. So the kinyan here is to show that you mean it serious. Because you know the guy's about to do a transaction sell all your heavy chometz with the shliach. Want to make [clears throat] sure I at least when it comes to Pesach that you showed you mean meant it serious. Oh but it's not my akiv cuz shlichus works without a kinyan. So this lady what I'm handling here is a shliach. Okay. Now a shliach in order for them to sell it they need us come here of the buyer otherwise he's not a shliach. Now what the moicher here maskim that she should be the shliach? So clearly from the beginning the moicher said I want you to sell it but I want a certain price. The broker said the price that I'm going to sell it the moicher wasn't so happy. So at that point she wasn't a shliach. Let's say before she texted this text she would sell it and be clawed. She's not a shliach. So what happened? She sent her a text and she thought by the fact that she doesn't respond to the text and she has the jewelry by her and the price works that okay we have an askam. I'm a mailam a shliach. A text is kinyan dibur? A text is yeah why not? A text is but I tried it only a text that went one way. How do you know who's telling you? How do you know who's telling you? Right, there's only a text from this I'm saying even if it was the other way, how do you know that? >> Or maybe it wasn't the person's phone. Yeah, so if the person's going to be mock his and say that somebody else's phone, I'm going to have to be. We'll have a question whether it's a good enough proof. I I hold that the Russian Mishnah is not enough. All right, is that the kids text and then it was and then on their parents' phones So, how could you say So, if that's true, so if you sell your chametz on the internet you give the rub There's a lot of you go throughout the world There's a lot of places they they get they through the internet you could sign up and sell your chametz. So, I tell them what happens if later the mohel will say "It wasn't me. My son went on to the computer and sold it." So, what will happen? It will be bottled the machira. So, if yes, then maybe the machira doesn't work. Okay. I'm I'm I'm bringing the fact that he's not even going to do it. But that's a question. Cuz what's the raya? If it's If you I'm the rub and you came to me and you signed the shtar by me I say "Do you want to sell the zoy? Sell the zoy." If my chametz is owned by another like a jewelry, it's not. I understand. I'm just bringing out the message. So, yeah I I agree with you, but here that's not the din. And if it is, I sent you a text. She's not machris that she saw the text. She didn't respond to the text. Is that not response mean that I'm maskim or not? So, melumad it's murgal be fi of bnei adam as a mishpat that's called shtika k'eido. A concept brought in Shas many places shtika is k'eido. We often use it to chap with somebody. Shtika k'eido you kept quiet, you were moyde. Is zecher yomi you you make an allegation against somebody keeps quiet, must be it's k'eido. So, the sug of shtika k'eido in Choshen Mishpat is from the hard ones. It's not easy. So, I want to a little bit address the shtika k'eido in this question. Here's a law in Shulchan Aruch in siman peh aleph siman ayin says in Shulchan Aruch A yid said like this Omer l'mona libi yotzei kol "You owe me $100." Zog the Zog the Shulchan Aruch "May I shoychech?" Then the guy keeps quiet. Okay, what would you say? Is he chayav or is he patur? Okay, didn't stop yet. >> [clears throat] >> Omer the comes the other yid "L'ma t'vei laydim?" Atem aydei? And the guy owed me $100. Shosak. Quiet. So, now this yid he first was t'vei he was quiet. Then he brought two witnesses and said "Atem aydei that the guy owes me $100?" Quiet. Says the Shulchan Aruch "Ein zeh klum. She'einam muchrim l'an zeh." Can you believe in such a thing still? These people that can keep quiet. Doesn't respond. You know. He's not going to answer. And I might say you decided you made up some sister you thought on your head you decided that that that you would I owe you money? I I ignore you. You know, I'm shoger you. My ta'ana I don't have to respond. Go on. You bring aydeim. I'm not going to see. I don't owe you penny. No problem. Says over the Shulchan Aruch Um says "Ein klum. The hava shtika k'eido. Elo k'she hoydei l'cheila omer l'ein." Originally when he was t'vei he told him yes. K'she omer t'vei aydei shosak it's not enough. You say yes. A person quits the best and the guy says you're moydei he says yes. He could say "M'shatan is siboch." Uh joking with you. Till you bring aydeim. Said "Atem aydei?" And now he's shosak. So, now this shtika is a continuation from his moydei before and here you say shtika k'eido. That's what it says in Shulchan Aruch. So, it's pretty clear that you don't just say shtika k'eido because I kept quiet means I agree. So, maybe this lady who gets up and says "The price is zoy and zoy." It doesn't mean that because of that I said "Oh, yeah yeah, I agree. Sell it." There's There's no such b'chayil there's no such now that I'm over there and that's in See? The Amor says Listen to this story. There was a bochur who needed some extra help. He needed a rebbe to teach him. And so to give him tutor rebbe. So, the yeshiva um called down the parents and they said that the boy needs The parents tell me yeah, okay. How much the cost? Mhm, okay. Cost ganz a lot, I don't know. Shh. They call in a tutor into the room. They said "We want you to start learning with this boy every week." And and the father is quiet. And then the the tutor starts. He goes to work. After a month they send a bill to the father. The father said "I don't know. I never I never agreed." What What do you want from me? I never agreed. Says the Amor the father is chayav. As we stay in the Amor. Mishnah in Bava Metzia mishnah aleph avi avan avi avan shosak shtika k'eido damya. V'af al pi she lo dibav klum davar aval sug adaita v'lo machish. Shosak no, I'm moyche. I'm not maskim. Fregt the Tumim What What just happened over here? You just finished telling me that there's no shtika k'eido if you keep quiet. If you say "Mona libi yotzei and I keep quiet" I'm patur. Here with the Amor the melamed they tell him to come flip and I'm quiet. Shtika k'eido? Why? I never said yes. I never once said yes and now you brought aydeim. I never opened my mouth. So, why did Why shtika k'eido? Azoy fregt the Tumim. Komt in the sevis and he says "Shabbos zoy." If somebody takes money out of your pocket and you keep quiet he says shtika k'eido. [clears throat] That means he says the case is the guy. The guy comes the guy you know "I'm going to buy your cheifetz for $100." It's the case of the netziv. "I'm going to buy your cheifetz for $100." The guy keeps quiet. The guy then goes and says "I'm going to buy it with King Mashiach." You know, he tells him which king he's going to do. Fine, he's quiet. The guy then goes and does mashiach b'foal um Says the netziv "Shtika is k'eido." Because if you take money out of my pocket, you got to be moyche. If you're going to make allegations, you can keep quiet. But if he takes money out of your pocket, then you got to then you got to then you got to speak up. M'meila zogt the netziv "If I told this rebbe that he's going to get money from you and the fact that he's teaching your son is michayev you money." So, that's called like I took money out of your pocket. And in such a case you have a chiyuv to be moyche and if you have a moyche it's shtika k'eido. So, let's come back to our story. >> [clears throat] >> The yid says um "I have a piece of jewelry. I want you to sell it." The person says that the jewelry sends a text that the jewelry is worth kav v'kav. So, it's poshut that there's no shtika k'eido. What happened? I I didn't If I would tell you "I'm selling your jewelry." I would text you "Okay, I'm going ahead and I'm selling it." You would be able to be clear if it would be shtika k'eido. Because the netziv's case was when he did the mashiach b'foal. Here, I don't know if he sold it. You're thinking of your contemplating selling. You don't know yet that the guy is selling it. He's threatening to sell it. Okay, maybe you don't say the shtika k'eido. But here the person didn't say the klum that they're going to sell it. They just told me what it's worth. There's no shtika k'eido. And therefore the netziv this shliach had no permission to sell it. And the shliach unfortunately unknowingly was a gazlan. They sold young somebody else's cheifetz. They didn't mean bad and chaz v'shalom they they were shoygeik but l'maiseh they stole someone else's cheifetz and they sold. She didn't know what the chiyuv to sell. What? She didn't think it was broken. She gave it to her to contemplate. No, not to sell cuz she didn't make up a price. Can't be yet to sell it. It's I'm I'm leaving it by you because I want I'm I'm contemplating selling. But she didn't tell her to sell it cuz she still I said "No, I want to get the price." So, maybe that never There was never a tzivui to sell. If it would be a tzivui to sell it would be a shaila maybe you could say it could go back to shtika k'eido. But here, there was never a b'feirish to sell thing to go sell. Did we go over the jewelry is not a kinyan? The giving of It was never intended to be a kingdom. Shh. She didn't say it like that, but yeah, I agree. Again, so long as there was no agreement to sell it There's no agreement to sell it. Then the fact that we're talking about pricing, unless there's an agreement to sell it, and we don't see him that this lady ever agreed to finish. You may have reason to think that the person maybe wants to sell it. Maybe, but the needs you were given the authority to sell it. I don't think that that ever ended up happening. So, I think that she sold it. Should I get it? Good. Now, what happens? The buyer says, "Listen here, I don't believe you. I don't believe the I don't believe anyone. You guys are a bunch of conspirators. You decided to change your mind. I bought it. Jump in the I know you were. I have it. You talk You You changed the story. You told me before your broker to sell it. He's telling me you sold it. Fine, you don't think it's sold. Comes now, imagine every time I was come, I sell you the thing, then I come back a week later and I say, "You know, I want to tell you there was new terms in the sale. The sale was only if you make four hoops. I forgot to tell you." He says, "I'm sure this I know you are. I already have it. What do you mean?" She says, "No, I mean I'm a I'm a said it has to be like this. So, here the never made me a I just sold it." Does the have to accept it? No. So, we have to look back in the order. So, the order in order to base says the that let's say somebody sells something. And when he's finished selling it, he's selling [clears throat] it, turns around to the guy who bought it, bought it, says, "You should know, I was a I was But this is no different than buying or selling. I was a and there was different terms and I made a mistake. The guy tells him, "I don't know who you are. You guys can talk. You were never a It was yours. You never said you were I don't know what you're talking about." It would bring them that it was made a and also be very complicated. I don't want to talk about it. It's one of those that you have to sit and work hard. It's not But but let's take that out for a moment. We're not going to get over too confused. What happens though if the guy told him the killer? So, here you have the if he's only a killer. So, what happens? So, the it says over there in order to tell you like this. The killer was a killer to buy. He was buying something and he finished he made them bought it and then he says, "You know, I made a mistake. The one who sent me wanted certain terms and I and and these were not the terms. And this I I I we got to get We got to We got to move on to this here. So, it says in order that the one who sold it the money could tell him, "Listen here. For all I know, he made you a and made you a killer. Made you a no matter what. You messed up and don't mess up. You're a And I'm waiting for You want back your money? I wouldn't put it. So, that was finished that if I'm a for I tell him I'm a killer. And I even tell him from who I'm a killer. The is that he could tell him, "I don't know. You I'm Maybe you made your and made you a Sorry if you made a mess up. You're a killer. I'm also going to give them a very Listen to this. May laugh, but every time I go into a store and I buy something, I bought the the clothing for $100. I go to the cash register. How much did it cost? $100. Fine. And then they call me up, the store, says I should sold the item for $100. It's really a $150 item. Mistake. No. Could they have the money back? If the cashier is the lady only killer. She's not She's not the boss. So, could you have the money back? So, if you say that every cash register lady is a killer and made you a killer. Cuz otherwise you can't do business if they they're not a killer and made you a killer. So, it's very you're talking that the killer makes a difference. It's a killer and made you a killer. So, this person is now to say a killer and made you a killer. Okay. So, if that's true, so the our story should be the same thing. The person says later, "I didn't have permission. I don't know. I'm waiting for I know you told me a You had the authority to sell it. Come on." Doesn't help. Not after it's sold. No, before it's sold. Yeah, good. And then let's say the person sold it. Then he could say, "I'm not a I wasn't a killer." You can't say that. You have to bring You have to bring that he was there and he made and he was about to kill her. Yeah, fine, but that's not the case. You don't know. We For all we know, there was a conversation on the phone and he said you're my killer to sell the piece of jewelry. I know everything came through text. You were never by the terms. I can tell you. He said the text more than when he everyone of them says he says he says he says, "No, this was the conversation we had on the telephone after." But it's not everything is in writing. So, there was a conversation. The person said, "I don't know. I know you were a killer and I have to believe you and shalom." Now, I don't want to We're going to get to it for after we here all day. Let me Let me finish up and we'll talk if whoever wants to have later we'll But but this is The problem is that there seems to be a order someplace else that sounds the other way. And order to help the killers There There's a There's a order over there that a killer sold something. He is a killer to sell an item. And he sold it for $50 and the says that I told you to sell it for $100, not $50. So, there the says You get it back. [clears throat] And the says no. The could say, "I don't know who you are. I don't know what you're talking about. Who said maybe you sold it for 100. Maybe you were masking yourself at 50. I don't have to believe you and I'm waiting for I So, the seems to say that no, he's believed The says I What do you mean? He was only a and I say he only sold it for $100. You have to give it back. So, there This is the from all the coins and the for the order. And the in one of his says that the if it's a killer to sell or to buy, if it's a killer to sell, it's only money, then I'm waiting for but if it's a killer to sell, then you go with the and you have to give back the item. And my voice I I could be here all day to try to explain the sheet of the But I can't this one in the that all in all that in our case you could undo it because here it's a killer to sell and she's the jewelry. But all the other Everyone else's territory in the world is that the even the will agree in our case. Either way, the one who has the jewelry is the She could say I hold like the And you will not be able to get back the jewelry. If this lady will say, "I don't believe you." More than that. Let's say I'll believe if I if I would know who the I don't even I don't even know who the is. How do I know this piece of jewelry came from this lady? You have Maybe it's a different And she didn't make you Maybe There's so many You're never going to be able to get back this piece of jewelry. So, if they that they don't want to give back the jewelry, it will stay by the one who bought it. Now, usually most people are not, but here, you know, no it could be a husband. He needs some pushing. Take away from her the jewelry. Push it. The from the some of the furniture. So, the from the possession of the eyes. Sure. I can promise you if the lady won't give it back, it's done. You won't be able to get it back. Now, I want to ask like this, what happens this to this? With this I'm going to end with this child over. I want to see it'll be even more. So, now what happens, the lady refused to give it back. Okay. So, she refused to give it back. So, the moik has no brain, they have to take back the money. So, she says, "Okay. So, I'm giving you back and my brokerage fee is if I sell it for $100." He says, "Oh, no, no, no. I pay brokerage for a ganoven." You were not my stick. You were my broker. You were a ganoven. You sold my item. So, so I wouldn't put him I know you are. No brokerage. Just hand me all the money and the brokerage is done. Finished. [clears throat] You're not getting brokerage. I don't pay brokerage against ganoven. I pay them to to says this is how it works for me. You're not my broker, you're a ganoven. What's that mean? No, what do you mean? The price was that we know what the price was. I forgot about what the price She sold it for the price that she thought she gave originally. That's what she sold it for. The metziah says you're not allowed to give it back. So, here is the money to be given back. Now, it says, "Good, but I take 10%." Yeah, for workers you get 10% for ganoven we don't get anything. So, give it back. So, she says, "Okay, no problem. I'm okay, but you should know that really in the market it's really worth $200 less. Call it a ganoven, the shaliach the shaliach I sent him. So, I'm a ganoven. I took it away. I own it. I ganov it. I have to pay the shaliach I sent him the other $200. So, even though you're supposed to pay me brokerage only 100, now I'm getting 200. Because call it a ganoven, the shaliach I sent him. Now, I get to keep the rest. The letter of the law is is that all the gemaras are going to come alive. Zol the receiver siman shinan of a ganoven sells the item and he makes more money than it is and he says call it a ganoven, the shaliach I sent him, zol the receiver. Nothing doing. End of the moises call it a brosha chabero. If it was yaves and they brought money, it belongs all to him. As I held oiches siman someplace in shomrei shabbos david and I'll choose a kiveiger. I saw a longer chul from saryel rosenberg. He brings a ganza peku lishoin uvachroin that things are on this receivers and on this siman and the business and they say, "I forget." It belongs to the ganoven. Anything above belongs to the ganoven. It's all this. So, we're going to say a kibli. This the broker was a kibli. I'm the bozes, you're the choizes. I I'm the ganoven. I get to keep everything that's above the shaliach I sent him. I have a sword to say that in this case the zicher belongs back to the buyer. Cuz this time of year a ganoven you want to be a ganoven. So, you you you might be a thief yourself. But if you wanted to be selling for yanam, so you had a mind to be coining all the money for yanam, so yanam gets them. So, It was not a chiyuv. But whatever money I was zoiche and I was zoiche for that person. I know it's not stealing. The lekeach is not stealing from because the lekeach is getting the jewelry and has to pay the price. They can't They can't say in order for them to get it. What? If it's not the gay of what goes on in shamayim, the gay what goes on on the earth, al orez it's a sale. Klap of the lekeach it's a sale. I understand. Klap of the lekeach yeah. And then zoiche and all the moises it goes to yanam. We could go on and on if you want. I can keep you here till tomorrow. But the point is they're going to have a bucha about what happens to the extra money exactly who it goes to. I want to move on to another question. I don't want to spend the whole shiur on one shaila. This shaila also happened this year. Unfortunately, this is the type of shaila that happened in this matzah. Um the oilem is telling me no there's all the yidden that like to spend yom tovim in different countries. They have a problem with staying at home. Or different states or different countries. They need chavayois. They need experiences. So, I always say that we should be mekain the experiences with the whole door chareidi and this is not small. If he goes out in the trying sometimes they have to experience it. Try to form it trying. Let's see. Most of the yidden like the bocher. Most bocherim in the yeshivas that so experience it here in mitzrayim. There's a chavayois but this kid wants to go out to yisroel with a homeless bocher. He already was worried in January about it. And he wanted to rent a dirah for no less than $27,000. It was a dirah a dirah before yofeh meyuchad beminei vetaymei. And he went into a haskam to rent this dirah and for that he had to put down a deposit of $15,000 and sign the contract. In this contract it says that this haskam is bilty choizer. There's only one way to be choizer. If the airport in Eretz Yisrael is closed, you could be choizer. Ad kan. Lo aleinu velo aleichem. It came now before Pesach and the maskir the soicher says to the maskir and shaliach says, "With missiles flying guns to Eretz Yisrael, I'm not going to spend over there. So, this is a shvache vacation. He's staying home. And besides the airport's open when they open, when they close, when they open, when they this 50 people flying there are on and off. You are going even if yeah, I don't know what's going to be tomorrow. I I I got I got no time. Can't go. And this maskir says, "I feel very bad. I feel I understand you wholeheartedly. But the bottom line is um you were a maskir and this shaliach says it's closed. I mean it's open. The airport is open. You can fly in. I I bring the walk on the rise. The person who flew yesterday, two days ago, three days ago and he went into the country and he went in and he went out. And I don't know. It's possible to fly. It doesn't It's not closed. And the shaliach came and shaliach said be it. Um your money's staying with me. The other guy says, "But shaliach you lose nothing. Nobody would have rented. It's not the gay of Okay. It's a far wide the shaila. It's But this is the metziah. Now, the question is what do you do with this? All right, is ready? For to answer this question, you have to learn a lot. No chamazal five years ago there was corona. Corona was mechain every all the choshen mishpat yidden to learn all these things that they never learned till then. Why? Cuz you open shul on the holidays. So, a ganza siman about makas medinah. About a dever. Like you look at it like something from the archaic ages from a place where And maybe you didn't relate to the shulchan aruch. I learned it I remember them learning it at least two times and not understanding what it tells you. Like it relates to hard and so much a shvere siman. But when came corona it became lebedik then everyone had to learn it and know it. No choice. Less brain. It became real like every nuance started playing a different melody. You have Hey, this is real. So, the mazel is that we had as our corona. There was no people we shouldn't have it again. But this is the question over here. We have a situation. So, I want to know what would be if he didn't write a shhtar. Zero shhtar. No shhtar. Let's say there's no shhtar. What would happen? He would give a deposit, would he get it back or would he not get it back? Okay, let's take a trip in shulchan aruch. Siman shin lamed daled. Says in shulchan aruch says in shulchan aruch siman shin lamed daled that if a person rented a dirah for a year and the tenant lo aleinu velo aleichem in the middle of the year passed away. The question is did the yoshvim have to pay for the rest of the year? Says the shulchan aruch two days. One day it says it's oives. Yeah, but the oives is the soicher the the tenant nebach. So, umelah he still has to pay. One day it says no. Since the maskir is the one who has to be able to rent it out and he doesn't have who to rent it to because the guy not here, he disappeared. He went to oilam haemes. Umelah, the maskir can't collect the money. Machlokes in shulchan aruch l'maiseh the poskim say whatever I say. You can't take from the yoshvim. But if the maskir got the money up front, he doesn't have to give it back. Kup shaila. Why? Shach. I said I'm I'm I'm just going to touch lightly bunch of things cuz I don't want to knock everybody out. What What do I love here? What happens if no follow buys? The guy has a house and never the buys fall down to the straight foot. A missile hits a buy is that's being masked to an audience. And that's it, throw. A missile hits them out the buy is not here anymore. All of a sudden the people are alive. Does the so you have to pay rent? First I want to show you the law that the so you don't have to pay rent. If there was a owner the mask and lost the buys, the so you don't have to pay rent. Now, what happens if the show them there was a devil in the city. [clears throat] And everybody evacuated the city. They all moved out. The The mask it tells the so you can surely do this. You got to pay rent. So he says, Well, what are we supposed to do? Everybody had to leave. Everyone's out. So we all had to leave. Shach Siman Shin Lamed Daled brings Amram Titkin. And what Amram Titkin said that the so you don't have to pay. Why? He said, "What do you mean? The house is here. It's ready for you to live in. Are you going to run away cuz of the devil? Do you want Why is living there may not so you can live? Okay. We have to talk about it a different time. Why is may not so you can bother? >> [clears throat] >> But I can't talk about it right now. But may not so you can live is different than if you ran away. If you ran away, you still have to pay. As so you bring the Shach for shame Amram Titkin. If that's true, you could claim that if you have missiles and all the so you can run away, the mask it said, "I shouldn't have this. This house You want? Go in." The so you can say yes. >> [clears throat] >> The house and missiles are coming out. I I can't go there. Okay. But Amram Titkin says I shouldn't have this. So you got to pay. Not so partial. Cuz by the devil there's only a problem on the so you can live. Missiles are problems for the mask and too. You know, the missile comes, the problem is not the fact only that the so you can have it out if it's in the house and the missile comes in the house. The house is also out of the count. A missile so could be that that's also considered a owner of the mask and too. One could claim not so partial. Then there's a whole bunch of Amram Titkin. Shach Taze Mach da Fraim They all say no. Nothing doing. The so mask has to take the loss. The so you had a owner the mask has to take a loss. Everyone has no choice that he's there. So now he's saying, "Okay, but the mask is not there." Good point. So let's talk I'm going to move a little quick because again I really want to get I want to I want to touch a little bit, but I don't want to get in being out cuz we could I said we don't have heavy ball. It's true it's livable for the people local. But these deals are made only for people that can't live there. That means nobody is being masked to deals of these stature of deals only guest. And for them it's all unlivable. So one can make a static claim that this is called Amram by means deity. If we know Shach, Amram will be bought. Then you have to return the deposit. Shach is saying we have a massive that's a Sakana on the people that are saying no diet no vacationer is going. It's considered that the mask himself is also found in a massive because missiles are falling down. I should say I can I would think that Amram will be there will be no asking he would have to return the deposit. But he does have asking. Amram so is asking. Asking says clearly that the only way you can get back your money is if there's a owner. That they blow down the airports. A voice Even if the house fell down? No, the house fell down at the time of the game. Not in the country, but then he doesn't have what to be masked. He That he's [snorts] not saying. But what if he has what to be masked and you're not willing to come here, then he's making you pay. A voice I There's a static Shach town that this Shach is bought Amram Amram Amram Amram Amram. Why? There's a concept in Shulchan Aruch called an Asmachta. And that is if I am agreeing to compensate myself for something. Take an Asmachta the muscle. The truth is every time I tell you like this, I'm going to We're going to go and ask him I'm going to do Kacha Kacha. And if I don't, then I'm giving you $100, $10,000, $10 million. So again, it's a very big Siman Asmachta Siman Resh Zayin. I think from Ganz Mishpat has the most base of this. >> [clears throat] >> So the one who wants to learn it you have to got to think about it. But in Hilchos Asmachta there's a concept that if a person agrees that I'm going to give myself an Asmachta that you're going to get a certain amount of money if I don't do Kacha Kacha, the law is that that's it's an Asmachta and there's no Kinyan is done. That means what? Cuz when I was masked, why was I masked? Cuz I didn't think it was never going to happen. Why do you think I was masked? I I had no thought it was going to happen. And Amram was masked. If I would really believe that I would never be masked. Chazal Amram such a thing and they say that Amram that it's an Asmachta. Again, don't pass Asmachta on your own because there's a lot a lot of club. But in a Musig of Asmachta if I give myself not this year, he said like this, if some wacky wacky thing happened that they attack Iran and there's missiles flying all over the whole country which is a owner of the light. But Amram English I come now maybe became Shichur. But by the But But if was Shichur and this is I was masked that I'm going to leave you the deposit unless the airport is open. Really, what's the time? Why was I masked? Cuz I had no thought it was happening. If I would have a real thought it was happening, I would never be masked. I tell you it's like it's not a Kinyan. I lost something. No, you're losing nothing cuz nobody would rent this apartment. It's like how can a Kinyan? You have no loss. And I have no gain. It's just a Kinyan for backing out of an agreement for some wacky case. Amram deity that's called an Asmachta. An Asmachta is not Kinyan. Amram such an agreement the Amram could be bought. It's only one monkey wrench. There are more and Amram and Siman Resh Zayin Sif Yud Daled Amram brings the sheet of the Rambam. The Rambam holds that even though Asmachta is not Kinyan, that's only if he didn't give the Kinyan up front. But he gave the Kinyan up front then we don't say Asmachta is Kinyan. Amram Dings Cuz they can leave. So now here this guy will say can leave. I hold like the Amram that Amram means Amram Amram Amram Amram. He's Ashkenazi, but he'll say I hold like the Amram. So by Choshen Mishpat the Ashkenazim agreed that he could say can leave like the Amram. So Amram Amram Amram Amram the guy can say I hold like the Amram. I got the money up front. We made Amram. But one can claim that over here there's another zero to the fact that the guy had Amram that said that it is an Asmachta. There's other things. What does it mean the airport's closed? What day does it have to be closed? Didn't say. Does it have to be closed today? Which day? And the guy's ticket is a week before. Uh so if the airport letter will be open, I know the airport was closed the day before, but on the day that he's supposed to leave that ticket is open ticket open. So So he's supposed to figure out how to pack. I mean, what does it mean the airports are open? What happens if the airport could close any minute? So you realize when you go to throw and you're paying $27,000 a year, you need a chef. I don't even know. You need a chef to cook for you. The chef to cook you have to book from before, but you don't know if he's coming. So you could book What's called closed and not closed? When you leave a Shach in such a way, it's very talking that Amram understood that if the reason why I'm backing out is because I never know if this airport's going to be open. That's also Amram. So there is Amram to say that if they agree even if it stems with the law of the agreement. And Amram when you have side side of Asmachta side of this it's again such a thing would need Amram. People want to know why Amram that they don't know anything. The answer is not every day Amram knows. There's a lot of days Amram that know, but there's a lot of days. Kim Lee's, how many Kim Lee's do you let people say? So I okay, such a thing we need a sure but I would think that there's a shark that says that most of the money should go back to the sofa. I wanted to touch one more question because I don't have much more time. I have a lot of few but I touch one more question and the child was I eat ordered matzah from a bakery that sells matzah but today if you order matzah you could get a list and like two pages of all the different you want. For example, action order. Now as a kid there was no such thing. You went to the bakery and they were showing the ones with all the things. I mean, today can I know all the that you can have so he only checked off two or three boxes and his matzah was supposed to be a certain price per pound. The kid said this is not local. He got it delivered like an hour and an hour and an hour and a half away. They came to deliver him with the that he officially asked for except that he got matzah dog and I understand that one for that another I don't know $40 a pound. He is talking about chocolate matzah kosher. I was a long time but people spend money on the whole every Michigan is doing I mean this is where I do but I said I mean what this heat ended up with his go go who did he get matzah but with a go go who did he price? So I called up the bakery and tell them I should leave this. This is not what I ordered. I don't want to I don't want to pay this price. So they said no, you got to bring it back. You have an hour and a half away. I should come bring it back. I'm not bringing it back. So he said okay. Fine but what and then you paid a higher price. He said no, I'm not paying the higher price. I want my matzah. I want the matzah I ordered and I'm not paying this price. So I don't know where the conversation went. I'm not sure I wasn't there but the guy who bought it called me and he said so do I have a right to keep these matzah? They're supposed to deliver me my matzah. They're not willing. I'm keeping I'm taking these matzah and I'm not willing to pay more price. Can I keep them? I said no. He looked at me like I was fell off the wall. So I mean let's be honest. They told him they're going to give him cost $40. They gave him matzah that cost $80. He wants to take the matzah for $80 for $40 and to make you have a right to make a you have a right to undo the sale and you could say I'm sure this I'm not taking this matzah. Do you have a to bring it to them an hour and a half away? Obviously not. Because since the came here by you, you brought the to me I have no to go travel an hour and an hour and a half to do a service of a day. Because when I the falls into my because I found maybe I will give me to go bring you the but if you brought to me then you have to come pick it up yourself. If you want to come pick it up yourself I'm not to bring it back to you. So now we have a stalemate. This guy says I'm not giving you the matzah for this price so far. Yeah? And he's saying I'm not bringing it back. So what happens now? So I tell the boy I would tell the guy just keep quiet. Why? It'll come now Pesach. What are these matzah worth at Pesach? How much do you sell these matzah now at Pesach? For sure not more than how much you paid for the other ones. There's no one to buy them. The most of the matzah when it comes at Pesach they're not worth too much. There's no market for them. So all you have to do now is keep quiet. It'll come at Pesach. They didn't pick it up. Cuz they didn't want it for them to pick it up. They were just trying to get from him a few more dollars. They didn't want to pick it up. It was too big of a bother. It's a small thing for their business so they left it by you. So now at comes now at Pesach it's not worth too much. So now I can say you can take the matzah. I What do you mean? What how can I take the matzah? That's someone else's matzah. So the answer is right now are they for sale? Yeah, the guy doesn't want them back. They are for sale. And what's the price? Not more than what you paid for the original matzah. So if I say call someone that is not is a first that anything that's for sale and you're not with so I could go and take it, leave you the money and take it. Even though you're not here and even though it's my cuz it's the price is here. I took it. Shalom. What's the problem? Now if the guy said action and he calls you up I'm telling you if you don't pay it I'm not letting you take it. This stuff. But if you don't fight with him too much just keep quiet. He'll end up with the and for this price cuz everything will be good. Now say yeah. But here's a problem. The dog she did something to the matzah. Who is there's no money to sell them. I got cuz if it's and you're giving the money fine but there's no not so I have a problem that you're not with this matzah cuz it's not yours. How come I say so the man with this year he says it's not a good for me. Not 90 it's your own. How am I clowning what means all the means with my money. State that if I eat comes into a school and there's a tablet and you don't have a tablet and he doesn't remove it move it away from the he has a right to take the tablet and put it on and make a problem. Why did he make a problem? Because it has to be your own. Tell this English with the money is better than your with us. Your doesn't come your own. Over if you have an English kill when every person has money and you only could do a with it it's the person should do money with it and the this killing. Yeah, good I wanted to tell him something. There's no English take something away from you. It's only when you borrow an item cuz the the item stays in. But that's in that case. Here is the thing even if you take it because you're paying for it and I have nothing to do with it. So you have a thing that you can take the matzah. I'm eating with my money and I lose nothing cuz I got back I got the money that otherwise I would have to give him back his money. Imagine everything stalemate. You owe him back the money and your matzah sat in this guy's house and became stale. What do you get? I do it and give me the money that you gave me and I don't have to give it back to you. I was I mean he can eat the matzah and it's with him with the matzah and it's considered your own. Now I want to just for the for the I'm over time. I'm over time at home I'm actually over time. We're giving not a minute. I just want to I want to add what happens if the store of action they tell him listen here we're not with you. Be what [clears throat] may we're not giving you the matzah. You have to what why don't want to teach him a lesson. Everyone but not him. Fine. So he has no problem but I would like you should bring me the other matzah. So they said to him we're not with you bye. I want to I'm not bringing you. So he said I'm sure this I think he is. Why why am I not cuz I already paid you up front. So I did a deal. I made a deal with you by giving you money up front to bring you matzah. And if that's true and you have matzah in your possession this on the money to provide. And you are the queer to give masses. You say good. I'm only the queer to give you masses, but I'm going to bring it. So come pick it up. Oh, no. In the seeker was also a seeker for the spoiler to bring the masses to my house. So he says good. I changed my mind. I'm backing out. Call your bluff and say you owe me money. He says yeah, yeah, but the double over. He says yeah, okay. I'm asking but I call your bluff. Say I will even double over. He says yeah, but so you owe me money. I could tell you, you know what? To be doing me favors. Bring me the masses. I'll pay you for the delivery. I'll pay for the delivery. And then when he shows up, I'm going to pay him. Cuz that's the normal tone. You could tell him you're going to pay him. I ain't going to pay him. So tell him I didn't pay him. Bring me the masses and I won't pay him. And I won't pay him afterwards. So if I say that's true, maybe he could keep these masses. Why does he go through this whole thing? They'll end up the same. It means if he don't go through this whole stickle, he'll end he'll end up making them having to do the delivery on the other masses and paying all this money. Instead, I'll just keep these masses. Maybe if it's the same amount, it's the same price, he could do that out of the dinner of masses. This is really a new finish. That maybe why don't they go through the whole matzah? Means cuz really you owe me this amount of money. I owe you have to go and spend the money to go So I won't spend the money. Instead, I'll keep the matzah here. You don't have to come deliver and I have all the money that you owe me that you should have out out the seeker you should have done. And the member, maybe I could keep the masses. I tell I tell them I don't owe them. Could they come and things like I don't owe them money. Yeah, so now he wants something you can charge him rent for keeping the matzah. And that's really the next thing I was supposed to speak about and didn't get to it. Maybe we'll do it next year. And I was supposed to speak about uh all the squirming about the duration that we have to uh that we have to clean up before Passover. How do we deal with those things? I was going to talk about it. I was going to get myself in a lot of trouble, but the boys don't want to argue and then I have to talk about it. Just want to say I bought a lot of a lot of The possuk says ushmartem es hamatzos. And Rashi says ush chazal dashnu ushmartem es hamitzvos. That's what? A mitzvah above your altar mitzvah. It always bothered me. Ushmartem es hamatzos is like a cover. You don't have a matzah if you're not ushmartem es hamatzos. You're not in the kind of mitzvah of matzah without mitzvah above your altar mitzvah is a shiny jewel. That's a nice thing. Ober, it's not in the heft of the holy of mitzvah. So you dash on ushmartem es hamatzos ushmartem es hamitzvos and ushmartem is a nice thing. Why stories that it's not true. That it's like a cover. Why? And this is why I always tell you in the light whenever your wife asks you to take out the garbage. Or your mother asks you if you're bored. The declare men having a tear, they say in a few minutes. What does shatan do saying I'm going to do it in a few minutes? In the shatan position lazy, why don't you come in? You're going to have to do it anyways. Shouting at him now in two minutes. No. I'm going to tell you what goes on with the nefesh of a person when the guy asks him to take it out and he says a few minutes. >> [clears throat] >> If I do it right now, it means you are the boss and I have to listen. If I say a few minutes, it means when I'll be ready, I'll do it. That was really purpose. When the boys don't ask us to do a mitzvah and the yetzer I'll get around to it. What's a mitzvah? A mitzvah means you listen to tzeva Hashem. You have a boss and he's telling you what to do and you're meshuga and you're an eved then you're going to do it. So you say I'll be ready. I'll come when the money comes and I'll see them. Not yet there. Not yet. I'll get there eventually. I'll You're not ready to do when and when you're not an eved. That's missing in the heft of the mitzvah. It's a time to say the zechut. Keeping a mitzvah with heroes and reasons means you're completely double and bottomed to the Rebono shel Olam and an eved. Ushmartem es hamatzos ushmartem es hamitzvos you should be zocheh to do the ratzon Hashem. Same thing with shatan. He doesn't want you to give the big credit to the Rebono shel Olam. He wants you to do it this year. Yeah, tomorrow we'll be shalem with Rebono shel Olam and next year we'll be shalem with shatan. Lost it. Lost it.