POINT BY POINT OUTLINE
prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
1) IS FREEDOM GOOD FOR A SLAVE? (cont.)
(a) Question: R. Meir explained only why it is disadvantageous for a Kohen's slave to go free. What will he say about a Yisrael's slave?
(b) Answer (R. Shmuel bar Rav Yitzchak): Freedom forbids him to a female slave.
(c) Question: To the contrary, he benefits. He becomes permitted to a Bas Yisrael!
(d) Answer: A slave prefers loose, immodest, unrestricted Bi'ah with a female slave.
2) WHEN ONE CAN RETRACT
(a) (Mishnah): If Reuven said 'give this Get of divorce (or freedom) to my wife (or slave)', and Reuven died, we do not give it posthumously;
(b) If he said 'give 100 Zuz to Ploni', and Reuven died, we give it posthumously.
(c) (Gemara - R. Yitzchak bar Shmuel, citing Rav): We give the money only if it is piled up in a corner.
(d) Question: What is the case?
1. Suggestion: If Reuven is healthy, why does it matter if the money is gathered? Meshichah (taking it to the recipient's premises to acquire it) was not done!
(e) Answer: Rather, Reuven is a Shechiv Mera.
(f) Question: Why must the money be piled up? It is as if the words of a Shechiv Mera were written and handed over!
(g) Answer #1 (Rav Zevid): Really, he is healthy. This is like another teaching of Rav:
1. (Rav): If Levi says to Yehudah 'you have money of mine. Give it to David', and all three are present, David acquires the money.
(h) Answer #2 (Rav Papa): Really, Reuven is a Shechiv Mera. This is like a different teaching of Rav:
1. (Rav): If a Shechiv Mera said 'give 100 Zuz of my property to Ploni':
i. If he said 'this 100 Zuz", we give it;
ii. If he did not specify which money, we do not give. Perhaps he referred to a deposit of Ploni that is buried somewhere.
2. The Halachah is, we are not concerned lest he referred to buried money.
(i) Question: Why didn't Rav Papa explain like Rav Zevid?
(j) Answer: He understands that Rav's law applies both to a loan and to a deposit.
(k) Question: Why didn't Rav Zevid learn like Rav Papa?
(l) Answer: We cannot establish the Mishnah to discuss a Shechiv Mera.
(m) Question: What is the reason?
(n) Answer: It says that if Reuven said 'give this Get of divorce (or freedom) to my wife (or slave)', and Reuven died, we do not give it posthumously;
1. Inference: Had Reuven not died, we would give them. This is only because Reuven said 'give'!
2. Regarding a Shechiv Mera, even if he did not say 'give', we give them!
i. (Mishnah): At first, they said that if a man being led to his execution said 'write a Get to my wife', we write it and give it;
ii. Later, they added, even a man departing on a sea voyage or with a caravan;
iii. R. Shimon Shezuri says, this applies even to a Shechiv Mera.
(o) Question (Rav Ashi): Why did Rav Zevid assume that the Mishnah is like R. Shimon Shezuri? Perhaps it is like Chachamim!
3) MA'AMAD SHELOSHTAM
(a) (Rav): If Levi says to Yehudah 'you have money of mine. Give it to David', and all three are present, David acquires the money.
(b) (Rava): Presumably, Rav's law applies only to a deposit (because he could give it over), but not to a loan. However, Rav actually said it even about a loan!
1. (Shmuel): If Levi says to Yehudah 'you borrowed money from me. Give it to David', and all three are present, Yehudah owes the money to David.
(c) Question: Why does this work?
(d) Answer #1 (Ameimar): It is as if Yehudah said when he borrowed the money 'I am indebted to you, or anyone who will come in your stead.'
(e) Objection (Rav Ashi): If so, it should not be possible to give the loan to someone who was not born at the time the loan was given!
1. Even R. Meir, who says that one can transfer ownership of something that did not come to the world, allows transferring only to someone in the world!