1)

What are the connotations of "ve'Zeh D'var ha'Shemitah"?

1.

Seforno: When the Torah wrote in Mishpatim Sh'mos, 23:11 "ve'ha'Shevi'is Tishmetenah ... ", it meant that one should make Sh'mitas Kesafim (cancel the debt), as the Torah explains here.

2.

Da'as Zekenim, Rosh, Ba'al ha'Turim and Hadar Zekenim (in Bamidbar 35:6), citing Gitin 37b: The word "D'var" teaches us that, when a borrower comes to pay his debt after Sh'mitah, the creditor must declare "Meshamet Ani!" 1 If the borrower still wants to pay, he may accept, 2 "ve'Zeh D'var" ? he needs [only] one Dibur (of cancellation ? Rashi 37b). 3

3.

Tosefta Shevi'is Perek 8: The word "D'var" teaches us that, just as Sh'mitah negates a debt, so too does it negate a Shevu'ah - where the debtor admitted to part of the claim and swore accordingly. 4


1

See Torah Temimah, note 3.

2

Gitin 37b: The creditor may be 'Toleh' the borrower until he agrees to pay. Rashi ? he hangs him from a tree, so to speak. Ramban (citing the Aruch) ? he stares at him, until he pays due to the embarrasment.

3

Hadar Zekenim, Da'as Zekenim and Rosh (citing Makos 2:8): Similarly, if a murderer be'Shogeg is exiled to an Ir Miklat, and the residents want to honor him, he must say 'I am a murderer, and in the event that they state 'Even so', he may accept from them.

4

See Torah Temimah, note 4.

2)

Why does the Torah use the double Lashon "ve'Zeh D'var ha'Shemitah, Shamot"?

1.

Gitin, 36a: Because it is referring to both Sh'mitas Kesafim and Sh'mitas Karka 1 - To teach us that Sh'mitas Kesafim only applies when Sh'mitas Karka applies (which is synonymous with when Yovel applies). 2


1

See Torah Temimah, end of note 1.

2

See Torah Temimah, note 5, who elaborates.

3)

What are the implications of "Kol Ba'al Masheh Yado"?

1.

Tosefta Shevi'is, Perek 8: It confines Hashmatas Kesafim to the creditor himself, but to his heirs after he dies, who may claim the debt even after Sh'mitah. 1

2.

Sifri: "Masheh Yado" implies 'a debt' - to preclude a theft and a deposit, 2 which the owner may claim after Shemitah.


1

See Torah Temimah, note 6.

2

See Torah Temimah, note 7.

4)

Why does the Torah insert the (otherwise superfluous) words "Kol Ba?al Masheh Yado, asher Yasheh ... "?

1.

Sifri: It incorporates the wages of a laborer and credit - which the shop-keeper transerred into a debt - in Din of Hashmatas Kesafim.

5)

What are the connotations of "Lo Yigos ... "?

1.

Targum Onkelos and Targum Yonasan: It is a La'av against claiming the debt from the debtor (Targum Onkelos) or pressing him for it (Targum Yonasan).

6)

What are the ramifications of "Lo Yigos ... "?

1.

Gitin, 30a: Where there is no need to claim, Hashmatas Kesafim does not apply. Consequently, if someone lends money to a Kohen, Levi or Yisrael on condition that he may keep their portion - of Terumah, Ma'aser Rishon or Ma'aser Ani, 1 respectively, he may continue to eat or sell even after the Sh'mitah year.

2.

Makos, 3b: Refer to answer #1. Consequently, if Reuven lends Shimon for ten years, he is permitted to claim his debt when it falls due, since he was not permitted to claim it before the terminsation of the Sh'mitah. 2


1

See Torah Temimah, note 9.

2

See Torah Temimah, note 10.

7)

If someone transgresses ?Lo Yigos? and claims his debt after the Sh?mitah, is he obkigated to return it?

1.

Torah Temimah: No! 1


1

See Torah Temimah, note 11.

8)

What are the implications of "Es Re'eihu ve'Es Achiv"?

1.

Sifri: "Es Re'eihu" precludes a Nochri, and "ve'es Achiv", a Ger Toshav - from whom one may claim one's debt after the Sh'mitah.

2.

Ha'amek Davar: It imlpies that, if one presses one's fellow-Jew to pay his debts after the Sh'mitah year, ultimately one will do the same to one's brother.

9)

What is the meaning of "Ki Kara Sh'mitah la'Hashem"?

1.

Rashbam: It means 'because Sh'mitah has arrived'. 1

2.

Seforno: It means 'because Hashem called it Sh'mitah' - when He said "Tishmetenah" (in Sh'mos 23:11).

3.

Targum Yonasan: It means 'because Beis-Din announced Sh'mitah'.


1

Rashbam: Like "Mikra'ei Kodesh" - in Emor Vayikra, 23:2.

10)

Why did the Torah insert the (otherwise superfluous) phrase "Ki Kara Sh'mitah la'Hashem"?

1.

Kidushin, 38b: To teach us that Hashmatas Kesafim applies even in Chutz la'Aretz. 1


1

Even though it is compared to Hashmatas Karka regarding the time that it applies. See Torah Temimah, note 13.

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