BEIS DIN'S APPOINTMENT OF ANOTHER SHALI'ACH
Question (Rava): When Beis Din appoints another Shali'ach, must this be in front of the previous Shali'ach?
Answer (Rava): They need not appoint in front of the previous Shali'ach.
Chachamim of Eretz Yisrael ruled like Rava.
DOES ONES INVALIDATE A GET?
A case occurred in which Reuven told his wife 'this Get should take effect if I do not return in 30 days.' He was returning; the ferry to cross the river was not available. He shouted 'see, I am returning!'
Shmuel: This is not considered returning. The Get takes effect.
A case occurred in which Reuven told his wife 'this Get should take effect if I do not appease you within 30 days.' He tried appeasing her; she was not appeased.
Version #1 (Rav Yosef): He did not give to her a chest full of coins (i.e. he did not try hard enough to appease her. The Get takes effect.)
Version #2 (Rav Yosef): Must he give to her a chest full of coins?! He stipulated only to make a reasonable attempt to appease her. He did this. She is the one who refuses to be appeased!
Version #2 is like the opinion that Yesh Ones b'Gitin. (If one gave a Get on condition, and was unable to fulfill it due to an unexpected reason beyond his control, it is as if he fulfilled it, and the Get is void.) Version #1 is like the opinion that Ein Ones b'Gitin.
A DEBT TO BE PAID THROUGH TITHES
(Mishnah): Reuven lent money to Shimon, who is a Kohen, Levi or Oni (poor person). He stipulated that he will keep the Terumah or Ma'aser or Ma'aser Oni that he would have given to Shimon, and deduct its value from the loan. He may do this, and assume that Shimon is still alive.
He need not be concerned that Shimon died, or (if he was poor) that he became rich.
If he hears that Shimon died, he must ask Shimon's heirs for permission to continue the deal.
If the loan was made in front of Beis Din, he need not ask the heirs for permission.
(Gemara) Question: Is this even if Shimon never received the tithes? (Reuven is obligated to give them!)
Answer #1 (Rav): The case is, Reuven always gives his Terumah or Ma'aser to Shimon. Once Reuven separates it, it automatically belongs to Shimon!
Answer #2 (Shmuel): The case is, Reuven asks Yehudah to acquire the tithes on behalf of Shimon.
Answer #3 (Ula): The Mishnah is like R. Yosi, who says that Chachamim enacted that it is as if one acquired, even though (mid'Oraisa) he did not acquire.
Shmuel and Ula did not answer like Rav, for the Mishnah does not explicitly say that it discusses a Kohen or Levi to whom Reuven always gives;
Rav and Ula did not answer like Shmuel, for the Mishnah does not explicitly say that someone else acquires on their behalf.
Rav and Shmuel did not answer like Ula, for they do not want to establish our Mishnah like an individual's opinion.
(Beraisa): If Reuven lent money to Shimon, on condition that Reuven will keep the tithes due to Shimon and deduct their value from the loan, he may do this, and presume that Shimon is still alive.
He may stipulate that the tithes will be purchased at the lower price (if the price goes down). This is not interest.
Shemitah does not cancel this loan. If he wants to cancel the deal, he cannot.
If Reuven despaired (he thought that the tithes on his crops would not equal the value of the debt), he cannot continue to keep the tithes as payment for the loan, for it is as if the loan was lost.
Question: The Beraisa says that he may stipulate that the tithes will be purchased at the lower price. This is obvious! (Anyone who pays in advance may do so!)
Answer: The Beraisa teaches that even if he did not explicitly stipulate, it is as if he did.
Question: Why is it not a problem of interest?
Answer: Even though Reuven could gain (if the price goes down), since he could also lose, i.e. if the tithes will not equal the value of the loan, it is permitted.
Shemitah does not cancel this loan because Reuven was not able to ask Shimon to pay back.
(Beraisa): If he wants to cancel the deal, he cannot.
(Rav Papa): This applies only to Reuven. Shimon can cancel the deal.
(Mishnah): If a buyer gave coins to the seller, but the buyer did not yet drag the merchandise, the seller can retract the deal. (It is as if Shimon acquired them, and Reuven did not do Meshichah to take them back.)
(Beraisa): If Reuven despaired, he cannot continue to keep the tithes as payment for the loan, since it is as if the loan was lost.
Question: This is obvious!
Answer: This is a Chidush when the grain withered after having grown on the stalk, and he despaired;
One might have thought that since it grew on the stalk, it will surely grow, and his despair does not take effect. The Beraisa teaches that this is not so.
IF THE BORROWER DIED
(Beraisa - R. Eliezer ben Yakov): If Reuven lent money to a Kohen or Levi in Beis Din, and the Kohen or Levi died, Reuven may continue to keep Terumah or Ma'aser and deduct their value from the loan.
It is as if the deal continues with other Kohanim or Leviyim (Rashi - the borrower's heirs).
If he lent to Shimon (an Oni), and Shimon died, Reuven may continue to keep Ma'aser Oni and deduct its value from the loan.
We consider it as if other Aniyim of Yisrael agree to continue the deal;
R. Achai says, we consider it as if other Aniyim of the world agree to continue the deal.
Question: What is the difference between the two opinions?
Answer: They argue about whether or not we may rely on poor Kusim of the city. (R. Eliezer ben Yakov forbids, for he holds that their conversion was invalid. R. Achai permits, for he holds that their conversion was valid.)
If Shimon became rich, Reuven may no longer keep the tithes. Shimon need not pay back the remainder of the loan.
Question: Chachamim enacted that Reuven can continue keeping tithes if Shimon died. Why didn't they enact similarly, in case he becomes rich?
Answer: Death is common. An Oni rarely becomes rich.
(Rav Papa): This is like people say, if you hear about a death, believe it. If you hear that one became rich, do not believe it.
(Mishnah): If he hears that Shimon died, he must ask Shimon's heirs for permission to continue the deal.
(Beraisa - Rebbi): The Mishnah discusses heirs who inherited.
Question: Are there heirs who do not inherit?!
Answer (R. Yochanan): He means that they inherited land, not (only) money.
(R. Yonason): Reuven can withhold tithes only up to the value of the land that Shimon left over.
(R. Yochanan): Even if Shimon left over land the size of a needle, Reuven may withhold the full balance of the loan.
This is like we learned from a ruling of Abaye, that one may repeatedly collect (parts of) a debt from the same piece of land. (Therefore, any debt can be collected from even a tiny piece of land.)
A YISRAEL HOLDING MA'ASER
(Beraisa): If Reuven (a Yisrael) told Shimon (a Levi) 'I have Ma'aser of yours' we are not concerned for the Terumas Ma'aser contained inside;
If he said 'I have one Kor of Ma'aser of yours', we are concerned for the Terumas Ma'aser inside.
Question: What does this mean?
Answer #1 (Abaye): If Reuven tells Shimon 'I have Ma'aser of yours. Let me buy it (and Reuven gives him money)', we are not concerned lest Shimon declared the Ma'aser to be Terumas Ma'aser to exempt other Ma'aser of Shimon;
If he said 'I have one Kor of Ma'aser of yours. Let me buy it', we are concerned lest Shimon declared the Ma'aser to be Terumas Ma'aser.
Objection: Does the Beraisa discuss Resha'im, i.e. that Shimon would take the money after he declared the Ma'aser to be Terumas Ma'aser (and it must be given to a Kohen)?!
Answer #2 (Rav Mesharshiya brei d'Rav Idi): If Reuven tells Shimon 'I have Ma'aser of your father. Let me buy it', we are not concerned lest Shimon's father declared the Ma'aser to be Terumas Ma'aser to exempt other Ma'aser;
If he said 'I have one Kor of Ma'aser of your father, let me buy it', we are concerned lest Shimon's father declared the Ma'aser to be Terumas Ma'aser.
Objection: We do not suspect Chaverim (trustworthy people) to separate Terumah not near the produce being exempted!
Answer #3 (Rav Ashi): If Reuven tells Shimon 'my father told me that he has Ma'aser of yours or of your father', we are concerned that Terumas Ma'aser has not been separated from it;
If he said 'my father told me that he has one Kor of Ma'aser of yours or of your father', we assume that Terumas Ma'aser has been separated;
Since the quantity was known, Reuven's father certainly tithed it so it will be permitted.
Question: May a Yisrael separate Terumas Ma'aser?! (The Ma'aser is not his!)
Answer: Yes! The Beraisa is like Aba Elazar ben Gamla:
(Beraisa - Aba Elazar ben Gamla): "Your Terumos will be considered to you" - the verse discusses two Terumos, Terumah Gedolah and Terumas Ma'aser;
Just like Terumah Gedolah is separated by estimation and by thought alone, also Terumas Ma'aser;
Just like a landowner may separate Terumah Gedolah on his own produce, he may also separate Terumas Ma'aser.