Commentary for Kiddushin 112:1
כשברח וטעמא דברח הא לא ברח קנסינן למוכר ונקנסיה ללוקח לאו עכברא גנב אלא חורא גנב
This [holds good] if he [the vendor] has fled. Thus, the reason is that he has fled, but otherwise, we penalize the vendor:<span class="x" onmousemove="('comment',' By making him return the money.');"><sup>1</sup></span> but let us penalize the purchaser?<span class="x" onmousemove="('comment',' That he should spend an equal sum in Jerusalem, or go to the vendor and declare, 'The money you hold is redeemed by this money I have,' and then expend the new money in Jerusalem (Tosaf.) .');"><sup>2</sup></span>
Daf Shevui to Kiddushin
The mishnah we just saw says that if one buys things that cannot be eaten, he redeems those coins, brings the equivalent value in their place, and uses those coins to buy food in Jerusalem.
But R. Yehudah said that if one intentionally tries to desacralize second tithe coins, the coins remain holy. They “return to their place” and the sale is nullified.
Shmuel says that the mishnah here refers to a case where the seller fled and therefore the coins cannot be returned to him. They cannot “return to their place.” In such a case, he may redeem them and use the new coins to buy food in Jerusalem.
But R. Yehudah said that if one intentionally tries to desacralize second tithe coins, the coins remain holy. They “return to their place” and the sale is nullified.
Shmuel says that the mishnah here refers to a case where the seller fled and therefore the coins cannot be returned to him. They cannot “return to their place.” In such a case, he may redeem them and use the new coins to buy food in Jerusalem.
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Daf Shevui to Kiddushin
If the seller leaves town, then the purchaser redeems the coins. But if the seller is still around, then he is penalized because he has to return the money and the sale is nullified.
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Daf Shevui to Kiddushin
Why not penalize the purchaser by making him take an equivalent amount of money and bring it up to Jerusalem? Why penalize the seller? After all, what did he do wrong?
The first answer is that a mouse cannot steal an item unless he has a hole to put it in. The seller is at fault, for had he not accepted the money, the purchaser would not have been able to use it.
But, the Talmud continues, come on—the mouse is the one who stole it? How can you let him off the hook (I’m definitely picturing Jerry as I’m learning this)?
The final answer is that the seller is penalized because he is the one that has the money. Note that the penalty is only the nullification of the sale. He is not really out of any money.
The first answer is that a mouse cannot steal an item unless he has a hole to put it in. The seller is at fault, for had he not accepted the money, the purchaser would not have been able to use it.
But, the Talmud continues, come on—the mouse is the one who stole it? How can you let him off the hook (I’m definitely picturing Jerry as I’m learning this)?
The final answer is that the seller is penalized because he is the one that has the money. Note that the penalty is only the nullification of the sale. He is not really out of any money.
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