POINT BY POINT OUTLINE
prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
1) PERMISSION OF VOWS (cont.)
(a) Answer #1: He must vow b'Rabim.
(b) Question: This is like the opinion that a vow b'Rabim cannot be permitted.
1. According to the opinion that a vow b'Rabim can be permitted, how can we answer?
(c) Answer #2: He must vow "Al Da'as Rabim" i.e. the vow is contingent on the will of others
1. (Ameimar): The law is, even according to the opinion that a vow b'Rabim can be permitted, a vow Al Da'as Rabim cannot be permitted.
2. This is only if there is no Mitzvah to permit the vow. For the sake of a Mitzvah, it may be permitted.
3. There was a teacher of children who hit his students excessively. Rav Acha vowed Al Da'as Rabim that he will not teach any more. Ravina returned the teacher, since no other teacher taught as precisely as he did.
2) THE ENACTMENT TO SIGN GITIN
(a) (Mishnah): It was an enactment for Tikun ha'Olam that witnesses sign a Get.
(b) Question: This is not an enactment, this is mid'Oraisa - "written in a Sefer and signed"!
(c) Answer #1 (Rabah): The Mishnah is like R. Elazar, who says that Edei Mesirah Karsei (a Get is empowered by the witnesses that saw it given);
1. Chachamim enacted that witnesses sign it, for sometimes the Edei Mesirah die or go abroad and we cannot prove that the Get was given.
(d) Answer #2 (Rav Yosef): The Mishnah can even be like R. Meir. The enactment was that witnesses sign their true names;
1. (Beraisa): At first, a witness would sign 'I, Ploni, signed for a witness' no matter what his name was. A document could be Mekuyam only if the signatures were found on other documents;
2. R. Gamliel says, it was a great enactment that witnesses sign their true names.
(e) Question: It suffices even to draw a symbol!
1. Rav drew a fish for his signature. R. Chanina, Rav Chisda, R. Oshaya, and Rabah bar Rav Huna would draw a palm leaf, a Samech, an Ayin and a mast, respectively.
(f) Answer: Chachamim are different, for their signatures are well known.
(g) Question: When they first started signing this way, they were not well known!
(h) Answer: They started signing this way in answers to questions or letters.
(a) (Mishnah): Hillel enacted Pruzbul...
(b) (Mishnah): A loan for which a Pruzbul was written is not cancelled in Shemitah. This is one of Hillel's enactments.
1. He saw that people were refraining from lending each other (due to fear that Shemitah cancel the loan), transgressing "beware, lest there be a base thought in your heart", so he enacted Pruzbul.
2. The essence of Pruzbul is that the lender writes 'I hand over to you, judges Ploni and Ploni of the city Ploni, all debts owed to me by Almoni, and I will collect them whenever I want.'
i. The judges or witnesses sign below.
(c) Question: If mid'Oraisa the loan is cancelled, could Hillel enact that it is not cancelled?!
(d) Answer #1 (Abaye): The Mishnah is like Rebbi, who says that cancellation of loans in Shemitah is only mid'Rabanan nowadays.
1. (Beraisa - Rebbi): "V'Zeh Devar ha'Shemitah Shmot." The verse discusses two Shemitos (abstentions), of money (not collecting loans), and of land (Rashi - not working the land in Shemitah; Tosfos - returning sold land to the seller in Yovel);
2. (Tosfos - in an era) when Shemitah of land applies, Shemitah of loans applies. When Shemitah of land does not apply, neither does Shemitah of loans.
i. Chachamim enacted cancellation of loans in Shemitah (nowadays) to be a commemoration of Shemitah. Hillel saw that people were not lending, so he enacted Pruzbul.
(e) Question: If mid'Oraisa the loan is not cancelled (in Shemitah nowadays), could Chachamim enact that it is cancelled?!
(f) Answer #1 (Abaye): Chachamim can tell people to refrain from Mitzvos (i.e. the borrower need not pay his debt).
(g) Answer #2 (to questions (c) and (e) - Rava): Beis Din can make things Hefker.
1. (R. Yitzchak): "Whoever does not come in three days will lose all his property" teaches that Beis Din can declare property Hefker.
2. (R. Elazar): We learn from "these are the inheritances...Elazar ha'Kohen, Yehoshua and the leaders of the fathers";
i. The Torah writes the leaders and the fathers together, to teach that just like fathers can bequeath whatever they want to their children, also leaders can bequeath whatever they want to the nation.
(h) Question: Did Hillel enact Pruzbul for his generation, or for all generations?
1. Question: What difference does this make?
2. Answer: It determines whether or not later Chachamim can abolish it.
i. If he only enacted for his generation, any later Chachamim can abolish it.
ii. If he enacted for all generations, later Chachamim can abolish it only if they are greater than the Chachamim who enacted it, in Chachmah and number (of Talmidim, or Chachamim who accepted the enactment).
(i) Answer #1: Shmuel said that Pruzbul may only be written in the Beis Din of Sura or Neharde'a.
1. If it was enacted for all generations, one should be able to write Pruzbul in any Beis Din!
(j) Rejection: Perhaps the enactment for generations was to write it in a Beis Din like that of Hillel, or of Rav Ami and Rav Asi, which has power to make people's money Hefker;
1. It may not be written in a simple Beis Din.
(k) Answer #2: Shmuel said that Pruzbul is an Ulbana (this will be explained) of the judges. If I had the power, I would abolish it.
1. Beis Din cannot abolish an enactment of a different Beis Din unless the latter are greater in Chachmah and in number! (Clearly, Shmuel was smaller in Chachmah than Hillel!)
(l) Rejection: Shmuel meant that if he were greater than Hillel, he would abolish it.
(m) (Rav Nachman): (If I had the power) I would perpetuate it.
(n) Question: Pruzbul is already perpetuated!
(o) Answer: He meant, I would establish that it applies (loans are not cancelled) even for one who did not write a Pruzbul.
(p) Question: Shmuel called it 'Ulbana of judges. Does this mean audacity, or convenience?
(q) Answer: Ula said that a bride that has Bi'as with another man at the Chupah is Aluva (this denotes audacity).
1. (Rav Mari, son of Shmuel's daughter): Ula learned this from "while the King was still at His banquet, my fragrance gave off its scent." (Yisrael made the golden calf at Har Sinai.)
2. (Rava): Yisrael retains its dearness to Hash-m. It says "gave its scent", not 'spoiled.'
(r) (Beraisa): "Those who love Hash-m are like the sun going out in its might" refers to one who is disgraced and does not disgrace. He hears (others recounting) his shame and does not answer. He serves Hash-m from love and is happy to receive afflictions.