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Bava Metzia 049: Does Yes mean Yes and No mean No?

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Wed, 17 Jun 2009 05:54:45 -0700

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Bava Metzia 049: Does Yes mean Yes and No mean No?

alex lebovits asked:

The Gem brings a proof that a person's "Yes" should be "yes" and his "No" 
should be "No".

1. Since this proof is from the word "Hin" it should only be a proof that "yes" 
means "yes". There is no proof for "nO' means "no".

2. Even if you want to say that this is a proof that a person should keep his 
word and that includes "No means No" as well; would that mean that when my 
children would ask me for something and I said "no"; (which they understood to 
mean that they should keep on nudging till the "no" became a "yes"). If at the 
end I did say "yes" would this deserve the curse of "mi Shepara"?

alex lebovits, Toronto, canada
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The Kollel replies:

Alex – Shalom Aleichem!

(1)

(a) What I think you have to say is that one learns from this Gemara that if 
you cannot believe a person’s “yes” then you cannot believe his “no” either! 
What I mean to say is that a person cannot be positive all the time or negative 
all the time but rather he has to be balanced. So if you can believe a person 
when he says yes this means he is serious about his promises and this in turn 
means that you can also take him seriously when he tells you not to do 
something.

(b) After I wrote the above I found that your question is asked by the Tosfos 
Yom Tov at the very end of Maseches Shevi’is. He answers that even though only 
“yes” is written in the verse nevertheless “Michlal Hein Atah Shome'a Lav” – 
from the fact that the verse states “yes” this automatically means that one can 
also infer “no”. (The principle occurs frequently – see for instance Rashi 
Kidushin 61a in Mishnah DH Kol.)
 
[I think that your answer in 2. and my answer are not actually so far away from 
Tosfos Yom Tov’s answer, if you think about it carefully].

(2)

(a) A very important idea in Chinuch is to teach children to be honest and to 
take the value of a word very seriously. This can be learnt from the Gemara in 
Sukah 46b which states that a person should not tell a child that he is going 
to give him a present and then not fulfill his promise because this sort of 
behavior on behalf of an adult will teach the child also to lie, as Yirmiyahu 
9:4 states “They taught their tongues to speak falsely”. We see from here that 
the aim of Chinuch should be to accustom children to hear truthful speaking and 
this way they will learn themselves to be truthful always when they grow up. 
The Maharitz Chiyus on this Gemara in Sukah points out that this is the source 
for what the Rambam Hilchos Shevuos 12:8 writes that one should be extremely 
careful with young children to teach them to speak truthfully without taking 
oaths.   

Therefore I would suggest that if one sees that at the end of the day one is 
going to be forced anyway to give way to the child, then one should not say 
“no” clearly at the beginning because this way the child will have less respect 
for the integrity of the adult’s words. Rather, a good tactic might be to 
promise the child that if he is good and does such and such a good deed, then 
he will receive what he is hoping for. Then, when one later gives him what he 
wants, he will appreciate that it is as a reward for his good behavior.

(b) However one would not receive a Mi She'Para for relating to the child in 
this way. This is because Mi She'Para represents a much more serious stage than 
someone who merely does not live up to his words. In contrast Mi She'Para is 
given to someone who did a Kinyan of money (see Mishnah above 44a) and then 
retracted on the transaction. One cannot force him to buy the articles because 
he did not yet do the Kinyan of Meshichah but nevertheless the fact that he did 
a Kinyan of money makes his commitment very serious and if he retracts he 
receives a curse.

In contrast retracting on one’s words when there was no Kinyan involved is 
termed “Mechusrei Amanah” – such a person is lacking trust and belief, but it 
is not quite as bad as if he performed a Kinyan, so one does not receive a Mi 
She'Para. Therefore one would not receive a Mi She'Para for not standing by 
one’s word with the children, but nevertheless it is not good education. 

KOL TUV,
Dovid Bloom


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