Bava Basra 173: Arev

[Kollel Iyun Hadaf]

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Bava Basra 173: Arev

Menachem Obadia asked:

The Gemara on 173b first asks what the source for the shibud of an arev is and 
as the rashbam explains, that the question is how the arev is meshabed himself 
with amirah b'alma and the gemara then brings several pesukim to answer the 
question. however, a few lines later the gemara says that an arev is not like 
one who makes an asmachta because of the hanah that he has when the malve 
believes him and the rashbam adds that the arev is making the malve into his 
shliach to give the loan to the loveh, 

WHY IS THE RASHBAM ADDING THIS, IT SOUNDS LIKE HE IS EXPLAINING HOW THE DIN OF 
AN AREV WORKS AS A KINYAN, YET THE GEMARA ALREADY ESTABLISHED THROUGH PESUKIM 
THAT AN AREV IS MESHABED HIMSELF WITH AMIRA B'ALMA EVEN WITHOUT A KINYAN??!!

Menachem Obadia, Miami Beach, US
----------------------------------------------
The Kollel replies:

While it is true that the Gemara already established this from Pesukim, the 
Gemara did not establish what the reasoning is behind the law. In monetary 
laws, we do not generally have laws without any apparent reason. This is why 
Rav Ashi states that the reason that the Pesukim state that this works, and it 
is unlike regular words that are not binding, he in fact is Meshabed himself 
due to the benefit that he receives. Rav Ashi is explaining why this works, and 
the Rashbam just explains Rav Ashi's reasoning further.

All the best,
Yaakov Montrose


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