12th Cycle dedication

CHULIN 44 (Tisha b'Av) - Dedicated by Mrs. Gitti Kornfeld in memory of her father, Reb Yisrael Shimon ben Shlomo ha'Levi Turkel, whose Yahrzeit is on 10 Av.

1)

A LOAN WITH AN UNSPECIFIED END DATE (Yerushalmi Sheviis Perek 10 Halachah 1 Daf 29a)

[ãó ëè òîåã à] úðé ì' éåí ìà àéúéé îäå ì' éåí ìà àéúéé

(a)

Baraisa: "For 30 days, he does not come''. What does that mean?

ùîåàì àîø áîìåä àú çáéøå ñúí ùàéðå øùàé ìúåáòå òã ì' éåí

(b)

Answer (Shmuel): If one lends money without specifying the end date, he may not demand it until after 30 days.

òàì øá éäåãä åàîø èòîà (ãáøéí èå) ÷øáä ùðú äùáò ùðú äùîéèä ìà äéà ùðú äùáò åìà äéà ùðú äùîéèä îä ú''ì ÷øáä ùðú äùáò ùðú äùîéèä ùìà úàîø ëì ùìåùéí éåí àéðå øùàé ìúåáòå ìàçø ùìåùéí éåí áäùîè ëñôéí äåà åìà éâáðå ìôåí ëï öøéê îéîø ÷øáä ùðú äùáò ùðú äùîéèä

(c)

Rav Yehuda came to the Beis Midrash and brought a proof to this from the pasuk (Devarim 15:9), ""The seventh year, the year of Shemita (cancellation) is approaching,''. Isn't the seventh year the year of Shemita? It teaches that you shouldn't say (such as if they money was borrower 30 days before the end of Shemita) that for 30 days you may not claim (from the borrower) but after those 30 days, Sheviis cancels it.

[ãó ôâ òîåã à (òåæ åäãø)] ìà ëï àîø øáé áà áø îîì [øá] òîøí øá îúðä áùí øá äîìåä àú çáéøå òì îðú ùìà ìúåáòå äùáéòéú îùîèúå

(d)

Support: Didn't R. Ba bar Mamal/Rav Amram/ Rav Masnah say in the name of Rav (above Chulin 43 (r)) - One who lent money on condition that he will not be able to demand payment back from the borrower (at any particular time, but rather, the borrower may choose when to repay it), Sheviis cancels it.

àùëç úðé øáé éùîòàì ÷øáä ùðú äùáò ùðú äùîéèä ìà äéà ùðú äùáò äéà ùðú äùîéèä åîä ú''ì (ùí) ÷øáä ùðú äùáò ùðú äùîéèä ùìà úàîø ëì ùù ùðéí ùãäå ìôðé ëøîå ìôðé åìàçø ùù ùðéí áäùîè ëñôéí äåà åìà éâáðå ìôåí ëï öøéê îéîø ÷øáä ùðú äùáò ùðú äùîéèä

(e)

(Another explanation of the pasuk) - A Baraisa of R. Yishmael was found - "The seventh year, the year of Shemita is approaching''. Isn't the seventh year the year of Shemita? Rather it's so that you shouldn't say that all 6 years, the borrower's field and vineyard were before me (to use for collection) and after 6 years it is cancelled and he can't collect it - therefore the pasuk needed to state, "the seventh year, the year of Shemita is approaching'' - teaching that only loans are cancelled and not a lien on property.

2)

PENALTIES AND OBLIGATIONS ORDERED BY BEIS DIN (Yerushalmi Sheviis Perek 10 Halachah 1 Daf 29a)

äàåðñ åäîôúä åäîåöéà ùí øò

(a)

The Mishnah taught (earlier Chulin 41 (f)) - Penalties for rape, seduction and defamation (known as Motzi Shem Ra) and any obligation ordered by Beis Din, are not cancelled.

øá éäåãà àîø øá ãø''î äéà ãø''î àîø áîìåä äãáø úìåé

(b)

(Rav Yehuda citing Rav): This is the view of R. Meir, who said that cancellation in Shemita depends purely on if it had become a debt.

åëì îòùä á''ã àéìå âæøé ãéðéí

(c)

The Mishnah taught that acts of Beis Din are not cancelled. This refers to any obligation of payment ordered by Beis Din.

ôùéèà ãà îéìúà îìåä ùäéà ðòùéú ëôøðéú àéðä îùîèú ëôøðéú ùäéà ðòùéú îìåä îùîèú

(d)

The following is obvious - a loan that was denied (by the borrower) at the time of Sheviis is not cancelled by it. But if it was denied beforehand and became a loan that could be claimed, it is cancelled by Sheviis.

[ãó ôâ òîåã á (òåæ åäãø)] øáé éøîéä áòé àí ìîéãú äãéï ëï ìà öåøëä ãìà îìåä ùäéà ðòùéú îìåä âåáä ááéðåðéú

(e)

Question (R. Yirmiyah): Will the repayment be affected as follows - a loan that was denied at the time of Sheviis would need to be paid with high quality land (like the law of a thief)? Would a loan that was denied beforehand and became a loan need to be paid back from average quality land (like the law of loans)?

äîìåä òì äîùëåï ùîåàì àîø àôéìå òì äîçè

(f)

The Mishnah taught that a loan taken with collateral is not cancelled. Shmuel said that this applies even if the collateral was a mere needle.

(ùí) åàùø éäéä ìê àú àçéê úùîè éãéê ôøè ìîä ùéù ìàçéê úçú éãéê åàùø éäéä ìê àú àçéê úùîè éãéê åìà äîåñø ùèøåúéå ìá''ã:

(g)

What is the source that a loan with collateral is not cancelled? The pasuk states (Devarim 15:3), "but what is yours with your brother, your hand shall release.'' - this excludes when you have something of your brother's in your possession. It also excludes one who hands over his documents to Beis Din.