POINT BY POINT OUTLINE
prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
1) A FORCED SALE (cont.)
(a) Answer #2 (Beraisa): "Yakriv" teaches that if Levi must bring an Olah, Beis Din forces him to bring it.
1. Suggestion: Perhaps we force him against his will!
2. Rejection: It says "li'Rtzono" (willingly).
3. Question: How do we fulfill both verses?
4. Answer: We force him until he says 'I want to bring it'.
(b) Rejection: Perhaps there is different, for he truly wants to bring the Olah in order to get atonement!
(c) Answer #3 (Seifa): Similarly, (if one is obligated to divorce his wife but refuses to,) we force him until he says 'I want' (to authorize Sheluchim to write and give a Get).
(d) Objection: Perhaps there he truly wants, because it is a Mitzvah to heed Chachamim (who ruled that he must divorce her)!
(e) Answer #4: Rather, reason dictates that amidst the coercion, he resolves to sell (since he gets the proper price).
(f) Question (Rav Yehudah - Mishnah): If (a Beis Din of) Yisrael forces a man to divorce his wife, it is valid. If Nochrim force him, it is invalid;
1. Nochrim beat him and say 'do what Beis Din of Yisrael tell you.'
2. Summation of question: Why is it invalid when Nochrim coerce (on their own)? We should say that amidst the coercion, he decides absolutely to divorce!
(g) Answer (Rav Mesharshiya): Mid'Oraisa, it is valid. Chachamim decreed that it is invalid, lest women get Nochrim to force their husbands to divorce them.
(h) Question (Rav Hamnuna - Mishnah): If Reuven bought a field from a Sikrikon, then bought it from the real owner (Shimon), his purchase is void;
1. We should say that amidst the coercion, he decides absolutely to sell!
(i) Answer: Indeed, if Reuven paid Shimon, the sale is valid;
1. (Rav): The Mishnah discusses when Shimon told Reuven to acquire through Chazakah, but if Shimon wrote a document (we assume that he was paid), Reuven acquires.
(j) Question: According to Shmuel, how can we answer?
1. (Shmuel): Even if Shimon wrote a document, Reuven does not acquire unless Shimon wrote in the document that he accepts Acharayos.
(k) Answer: Shmuel agrees that if Reuven paid Shimon, the sale is valid. (He argues with Rav and says that a document does not prove that he paid.)
(l) Question: According to Rav Bivi, how can we answer?
1. (Rav Bivi citing Rav Nachman): If a robber brings a proof, we do not establish him to own the land, but he gets back the money he paid.
(m) Answer: Rav Huna and Rav Bivi are both Amora'im, they argue with each other.
(n) (Rava): The Halachah is, if Reuven hung Shimon until Shimon agreed to sell his property, the sale is valid;
1. This is only when Reuven asked to buy a field. If he asked for a specific field, it is invalid;
2. The sale of a specific field is invalid only if Shimon did not count the money (this shows that he did not accept willingly).
3. It is invalid only if Shimon had no way to evade Reuven, but if he did, it is valid.
2) FORCED KIDUSHIN
(a) The Halachah is, in all cases the sale is valid, even for a specific field, for this resembles the following law of Kidushin (in which the woman gets no choice):
1. (Ameimar): If Levi hung Leah until Leah agreed to accept Kidushin from him, the Kidushin is valid.
(b) (Mar bar Rav Ashi): Mid'Oraisa, she is Mekudeshes. Mid'Rabanan she is not. Since Levi acted improperly, Chachamim fined him and uprooted the Kidushin.
(c) Question (Ravina): Granted, Chachamim can uproot Kidushin of money and say that the money was only a gift.
1. But if he was Mekadesh through Biah, how can Chachamim uproot it? (Tosfos - if they uproot the Kidushin, the Bi'ah was Zenus (extramarital relations)!)
(d) Answer (Rav Ashi): ( Indeed,) Chachamim transform his Kidushin into an act of Bi'as Zenus.
3) A MODA'AH AGAINST A FORCED SALE
(a) Tavi hung Papi until he agreed to sell him land. Rabah bar bar Chanah signed on a Moda'ah (saying that Papi is acting under duress, and he does not agree to sell) and on the document of sale.
(b) Rav Huna: A witness may properly sign on a Moda'ah, and on the document of sale.
(c) Objection: If the Moda'ah is valid, the sale is not!
(d) Correction: He meant that if not for the Moda'ah, the sale would be valid (a sale through coercion is a sale).
1. This is like Rav Huna said above.
2. (Rav Huna): If Reuven hung Shimon until Shimon agreed to sell his property, the sale is valid.
(e) Question: Rav Nachman taught that if witnesses say that the document they signed was Emanah (the 'borrower' trusted the 'lender' with a loan document, even though he did not yet lend the money) or that they signed a sale document about which they heard a Moda'ah from the seller, they are not believed.
(f) Answer: They are not believed to say that the seller gave a Moda'ah, for their speech cannot override the document they signed, but if they signed a Moda'ah, this invalidates the document they signed.