1)

CONDUCT THAT PLEASES THE CHACHAMIM (Yerushalmi Sheviis Perek 10 Halachah 4 Daf 30b)

îùðä äîçæéø çåá áùáéòéú øåç çëîéí ðåçä äéîðå

(a)

(Mishnah): If one returns a loan in Sheviis, the Chachamim are pleased with him.

äìåä îï äâø ùðúâééøå áðéå òîå ìà éçæéø ìáðéå åàí äçæéø øåç çëîéí ðåçä äéîðå

(b)

If one borrowed from a convert whose children converted with him, he does not need to return the money to his children. However, if he did, the Chachamim are pleased with him.

ëì äîèìèìéï ð÷ðéï áîùéëä åëì äî÷ééí ãáøé çëîéí øåç çëîéí ðåçä äéîðå:

(c)

All movables are acquired through Mashichah (drawing the item to himself); and whoever fulfils his agreement (even though no Mashichah was done, so he wasn't technically bound by the deal), the Chachamim are pleased with him.

[ãó ôæ òîåã à (òåæ åäãø)] âîøà øáé ìòæø àåîø åáìáã ìáðéå

(d)

(Gemara) (R. Eliezer): (The Chachamim are pleased if one returns a loan to a convert's children) if he returns it specifically to his sons who converted with him, but not to any other inheritor.

øáé éåñé áòé îäå åáìáã ìáðéå àí éù ìå áðéí îçæéø ìáðéí åàí àéï ìå áðéí îçæéø ìáðåúéå ùìà úàîø äåàéì åàéï éøåùú äâø ãáø úåøä éçæéø ìáðéå

(e)

(R. Yosi): The phrase 'specifically to his sons' teaches that if he had sons, those sons should receive it (even if he has daughters); and if not, his daughters should receive it. Why is this? So that people shouldn't say that since his bequeathing to his children is not a Torah law (because he converted and is considered reborn without relatives), his daughters should not receive.

ëéåöà áå îé ùîú ñåó îùôçúå åàéï ìå éåøù àìà àîå ìà éçæéø åàí äçæéø øåç çëîéí ðåçä äéîðå

(f)

Similarly, a Yisrael who died with the only inheritor on his father's side being his mother (whose inheritance is not a Torah law), one does not need to return a loan to her, but if he did, the Chachamim are pleased with him.

äâæìï ùòùä úùåáä åáé÷ù ìäçæéø àú äâæìä äî÷áì îîðå àéï øåç çëîéí ðåçä äéîðå

(g)

Baraisa: If a robber repented and comes to return the stolen object, the Chachamim are not pleased with one who accepts it (as it dissuades the robber from repenting).

øáé çééà áùí ø''é àîø äðåùà åäðåúï áãáøéí æîðéï ãàú àîø àéï øåç çëîéí ðåçä äéîðå åæéîðéï ãàú àîø àéï îåñøéï àåúå àìà ìîé ùôøò

(h)

(R. Chiya citing R. Yochanan): One who negotiated a sale and then backed out - sometimes the Chachamim are merely displeased with him (if there was no money given). Sometimes they give him over to the curse of 'Mi Shepa'ra' - 'the One who punished' (if he had already given money and then retracted).

ø''æ øáé àáäå áùí øáé éåçðï äðåúï òéøáåï èáòú ìçáéøå åáé÷ù ìçæåø áå çåæø áå

(i)

(R. Zeira/ R. Abahu citing R. Yochanan): One who (bought a field with money, but instead of giving money, he) gave a ring as a guarantee and he wishes to back out of the sale, he may do so (although he is cursed with 'Mi Shepa'ra').

øáé æòéøà áòé ÷åîé øáé àáäå æäåá

(j)

Question (R. Zeira to R. Abahu): Does this also apply to giving gold as a guarantee?

à''ì èáòú

(k)

Answer (R. Abahu): No, only to a ring.

îä áéï æäåá îä áéï èáòú ùæäåá ãøëå ìäùúðåú èáòú áòéðå äåà

(l)

What's the difference? Gold can be used as payment, but a ring is not.

øáé éò÷á áø æáãé øáé àáäå áùí øáé éåçðï àîø ìéúï îúðä ìçáéøå åáé÷ù ìçæåø áå çåæø áå

(m)

(R. Yaakov bar Zavdi/ R. Abahu citing R. Yochanan): A person who said that he would give a gift to someone and now wishes to retract his offer, he may retract.

÷í øáé éåñé òí øáé éò÷á áø æáãé àîø ääï ìàå öã÷ åäï öã÷

(n)

Question (R. Yosi to R. Yaakov bar Zavdi): Didn't the Chachamim say about the pasuk (Vayikra 19:36), "(You shall have true scales, true weights, a true ephah) and a true hin.'' (Hen means yes in Aramaic.) Your 'yes' and 'no' must be true?!

àîø áùòä ùàîø äéï ùì öã÷ äéä

(o)

Answer (R. Yaakov bar Zavdi): That pasuk merely means that if a person genuinely planned on fulfilling something he had said that he would do and he was ultimately unable to do it, the Torah exempts him from responsibility.

øá ôìéâ ãøá àîø ëã àðà àîø ìáðé áéúé ìéúï îúðä ìáø ðù ìéðä çåæø áé

(p)

(Rav): (Disagreeing) When I tell the members of my household to give a gift to someone, I don't retract.

[ãó ôæ òîåã á (òåæ åäãø)] îúðéúà ôìéâà òì øá [ãó ìà òîåã à] àéîúé àîøå äîèìèìéï ð÷ðéï áîùéëä áøùåú äøáéí àå áçöø ùàéðä ùì ùðéäí áøùåú äìå÷ç ëéåï ù÷éáì òìéå áøùåú äîåëø ìà ÷ðä òã ùéâáéä àå òã ùéîùåê àú äëì îøùåú äáòìéí áøùåú æä ùäéå îåô÷ãéí àöìå ìà ÷ðä òã ùéæéëðå áäï àå òã ùéùëéø ìå àú î÷åîï îä òáã ìä øá

(q)

Question (Tosefta in Kidushin against Rav): When did they say that movables are acquired through Meshichah (drawing)? In a public domain or in a courtyard that is not shared by them. If in the domain of the buyer, as soon as the seller agrees, it is acquired. If in the domain of the seller, the buyer doesn't acquire it until he lifts it or draws it entirely from the seller's domain. If it is in the domain of one who is guarding it, the buyer only acquired it when the guardian gives an acquisition of the domain over to the buyer or the buyer rents the area. This is question against Rav, as it indicates that as long as the buyer didn't actually make an acquisition on it, the seller can retract...?

ëàï ùäòîéãå òîå ëàï áùìà äòîéãå òîå

(r)

Answer: In Rav's case, the recipient was in the house with him and told the household members who were guarding the object to give it to the recipient who then acquires it through 'Maamad Shloshtan' (via a third party).

(øá ôìéâ ãøá àîø ëã àðà àîø ìáðé áéúé ìéúï îúðä ìáø ðù ìéðä çåæø áé) úãò ìê ãçã áø ðù àô÷éã òøáåï òì îéìçà åé÷øú àúà ìâáéä øá à''ì àå éúï ìå ëì òéøáåðå àå éîñåø ìå ìîé ùôøò

(s)

Someone once gave money as partial payment for salt that he bought. Salt increased in value and the seller wished to cancel the sale. He came to Rav, who told him, "Either give him salt according to the money that he gave you, or if you back out completely you can receive the curse of Mi Shepa'ara.''

îçìôà ùéèúéä ãøá úîï äåà àîø ëã àðà àîø ìáðé áéúé ìéúï îúðä ìáø ðù ìéðä çæø áé åëàï äåà àîø äëéï

(t)

Question: The opinion of Rav seems to have switched - earlier he said that when he tell the members of my household to give a gift to someone, he doesn't retract; here he said that he can merely give salt according to the money given and he may retract from the rest of it?

úîï ìîéãú äãéï åîä ãøá ðäâ ìîãú çñéãåú:

(u)

Answer: Strictly speaking, he must only give according to the money given, but Rav himself was extra pious and didn't retract at all from giving a gift.

HADRAN ALACH HASHEVIIS U'SLIKAH LAH MASECHES SHEVI'IS