66b----------------------------------------66b
6)
(a) What were the names of Rav Chisda's two sons?
(b) On what grounds did Rav Ashi query their statement 'Hai Asmachta bi'Zemaneih Kani, be'Lo Zemano, Lo Kani'. What did he think they meant?
(c) So how did he reinterpret their statement?
(d) Why is that? On what grounds would we take the debtor more seriously before the time of payment arrives than afterwards?
(e) What does Rav Ashi himself hold? Why might the debtor not be serious even before the time of payment (even though the creditor cannot claim from him yet)?
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7)
(a) In a case where the creditor asks the debtor for his money on the final day and the debtor tells him to keep the Mashkon, what distinction does Rav Papa draw between whether he finds him drinking beer or trying to obtain the money to repay his loan?
(b) Rav Acha mi'Difti disagrees with Rav Papa for one of two reasons, one of whim is because maybe he is drinking to drown his sorrows. On which Pasuk is this based?
(c) What is the second reason?
(d) According to Ravina, if the debtor is particular to sell his property at the correct price (and not cheaper), then he must be serious about the creditor keeping the Mashkon. On what grounds does Rav Acha mi'Difti disagree with Ravina, too?
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8)
(a) How does Rav Papa finally conclude? In which case will Mechilah of the Mashkon not constitute Asmachta?
(b) What else does Rav Papa say about a Mashkon which the creditor does not acquire due to 'Asmachta'?
(c) Rav Huna Brei d'Rav Nasan queries Rav Papa however, on the grounds that the debtor did not say 'K'ni le'Guvaina' (so how can we establish such a ruling against the wishes of the debtor?). Mar Zutra Brei d'Rav Mari object even to the implication of Rav Huna Brei d'Rav Nasan's Kashya. Which implication?
(d) On what grounds does he object?
(e) So how do we finally establish Rav Papa? How does the Din of Aputiki fit into our Mishnah?
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9)
(a) What did Reuven reply, when Shimon, to whom Reuven had sold him a field with Achrayus, asked for an assurance that should claimants take the field, Reuven would compensate him from his Idei Idis?
(b) Eventually, claimants did take the field. What happened before Shimon had a chance to claim Reuven's Idis?
(c) On what grounds did Rav Acha mi'Difta object to Ravina, when Rav Papa thought to grant Shimon the right to claim Reuven's remaining Idis?
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10)
(a) What did Rav Papa think when Rav bar Sh'va stipulated that in the event that he failed to pay Rav Kahana his debt until a given date, he would be able to claim from his stock of wine? What was subsequently the problem?
(b) Rav Huna Brei d'Rav Yehoshua however, objected, on the basis of a statement of Rabah. What did Rabah say?
(c) Based on the ruling 'Asmachta Lo Kanya', what does Rav Nachman rule in the case in our Mishnah with regard to ...
1. ... the field (which the creditor claimed after three years, even though the debtor had not stipulated that it would be his retroactively)?
2. ... the fruit?
(d) What do we extrapolate from here regarding the Din of 'Mechilah be'Ta'us'? What is 'Mechilah be'Ta'us'?
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11)
(a) Rav Huna rules that if Reuven sells Shimon the fruit of a date-palm, he may retract from the sale as long as the fruit has not yet begun to ripen. Assuming that he holds 'Adam Makneh Davar she'Lo Ba le'Olam' (which explains why he cannot retract once the fruit has ripened), what is the reason for this ruling?
(b) What does Rav Nachman say?
(c) On what does Rav Nachman concede that the seller cannot reclaim any fruit that the purchaser actually picked and ate?
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12)
(a) How do we reconcile Rav Huna Brei d'Rav Yehoshua, who holds Mechilah be'Ta'us Lo Havya Mechilah', with Rav Nachman?
(b) What is the basis of this distinction? When did the Chachamim rescind the Mechilah, and when did they not?
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Index to Review Questions and Answers for Maseches Bava Metzia