Today’s daf TB Baba Metzia 49 deals with down payments. Does the down payment cover the entire purchase or just that amount of the purchase? If it only covers only part of the purchase, may the seller reneges on the deal if circumstances change. Here is a case study.
“The Gemara comments: This is as it was stated: There
is an amoraic dispute with regard to reneging on a verbal commitment
that was unaccompanied by an act of acquisition. Rav says: It does not
constitute an act of bad faith. And Rabbi Yoḥanan says: It constitutes
an act of bad faith.
“The Gemara raises
an objection: Rabbi Yosei, son of Rabbi Yehuda, says: What is the meaning
when the verse states: “A just ephah, and a just hin,
shall you have” (Leviticus 19:36)? But wasn’t a hin included in an
ephah? Why is it necessary to state both (because there’s no extra word in
the Torah; consequently, each word has to teach us something new-gg)? Rather,
this is an allusion that serves to say to you that your yes [hen (it is a
homonym-gg)] should be just, and your no should be just.
Apparently, it is a mitzva for one to fulfill his promises. Abaye says: That
verse means that one should not say one matter with his mouth
and think one other matter in his heart. It is
prohibited for one to make a commitment that he has no intention of fulfilling.
Rav Kahana made his commitment in good faith and reneged due to changed
circumstances. That is not prohibited.”
(Sefaria.org translation)
We have often talked about buyer’s protection.
This case suggests there’s also seller’s protection as well. No matter how you
think about who is correct Rav or Rabbi Yoḥanan, the Gemara is
emphasizing the importance of keeping your word. Abaye is also emphasizing the
character trait we should all emulate. We should mean what we say. Studying
this him today reminded me of the
famous TV character for all of us of a certain age. Growing up watching the TV
show Leave it to Beaver, you knew that Eddie Haskell didn’t mean what he said
to Mr. and Mrs. Cleaver. He fooled nobody. Everybody saw right through him. He was exactly what Abaye was warning us about.
If we want
to merit our final redemption is coming Passover, we should live our lives that
what we say and what we think in our hearts should be the same.
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