REVIEW QUESTIONS - GITIN 37

REVIEW QUESTIONS ON GEMARA AND RASHI

Prepared by Rabbi Eliezer Chrysler
of Kollel Iyun Hadaf, Yerushalayim
daf@dafyomi.co.il http://www.dafyomi.co.il

Previous Daf GITIN 37

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GITIN 37 - Dedicated by HaGaon HaRav Yosef and Ruthie Pearlman, Ohavei Torah from London, England. May Hash-m bless them with good health and provide them with all their needs that they may enjoy many years of Nachas and joy from their wonderful family.

1)
(a) Rav Yehudah Amar Shmuel rules that Yesomim do not need to write a 'Pruzbul'. This is supported by a Beraisa cited by Rami bar Chama. What reason does the Tana give for this?
(b) Why can a Pruzbul only be written if the debtor has Karka?
(c) How will the creditor obtain his loan in the event that the debtor does not own any Karka?
(d) What is the minimum Shi'ur Karka that the debtor must own for the Pruzbul to be valid? Why will such a small Shi'ur, worth so much less than the loan, suffice?
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2)
(a) How about renting or lending the debtor a place to put his oven suffice to write a Pruzbul?
(b) What does the Beraisa, quoted by Hillel ha'Katan, say about the creditor lending the debtor a flower-pot in this regard?
(c) Why does the flower-pot require a hole? Why will the fact that the location of the pot is lent to him not suffice?
(d) Rav Ashi was Makneh to the debtor the stump of a date-palm on which he wrote a Pruzbul. What did the Rabanan of bei Rav Ashi do when they borrowed money from each other and the Shemitah arrived?
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3)
(a) What if either the guarantor or the borrower possesses Karka, but not both?
(b) How is it possible to write a Pruzbul, even if neither of them actually possess Karka?
(c) Why is that?
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4)
(a) The Mishnah in Shevi'is states that Shemitah cancels debts whether they are documented or not. Rav and Shmuel both interpret 'non- documented' to mean that they do not contain Acharayus Nechasim. What does this mean?
(b) A 'documented debt' therefore means that they do. What will be the Din regarding an oral loan?
(c) Rebbi Yochanan and Reish Lakish disagree. What do they say? What is the basis of their opinion?
(d) Whose opinion has the support of a Beraisa?
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5)
(a) Another Beraisa states that if the debtor merely designated a specific field for the creditor to claim, the debt is not canceled. What does the Tana add to this?
(b) A relative of Rebbi Asi wrote a Shtar with Acharayus Nechasim. On what basis did Rebbi Asi tell him that Shevi'is does not cancel such debts?
(c) Imagine his surprise when Rebbi Yochanan, to whom the creditor turned for 'a second opinion' ruled that it does. How did Rebbi Yochanan explain ...
1. ... this change of heart?
2. ... the Beraisa which supports his initial ruling?
(d) What do Beis Shamai say in this regard?
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6)
(a) The Mishnah in Shevi'is states that Shemitah does not cancel the debt of someone who hands his Shtaros to Beis-Din or who lends money against a security. The reason for the former is as we explained by Pruzbul. What reason did Rava initially give for the latter?
(b) Abaye asked Rava why Shevi'is will not then cancel the debt of a creditor who lives in the debtor's Chatzer, seeing as he too, is holding on to his debt. What did Rava reply? What makes a security different?
(c) What is the criterion for acquiring a security?
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37b----------------------------------------37b

7)
(a) What does the Mishnah in Shevi'is mean when it speaks about 'ha'Machzir Chov la'Chaveiro ba'Shevi'is'? Why can this not be understood literally?
(b) What does the Tana learn from the Pasuk in Re'eh "v'Zeh Devar ha'Shemitah"?
(c) Is the creditor permitted to accept the money, should the debtor insist on paying ('Af-Al-Pi-Kein')?
(d) What does Rabah even permit the creditor to do?
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8)
(a) How do we reconcile Rabah with the Beraisa, which permits the debtor to return the debt only on condition that he uses a Lashon of Matanah, but not if he refers to it as the payment of a debt?
(b) What did Aba bar Marsa do when, upon returning money that he owed Rabah at the termination of the Shemitah, Rabah responded with 'Meshamet Ani'!
(c) What did Abaye, who found Rabah (who was a poor man - see Ya'avetz) despondent at Aba bar Marsa's omission, advise the latter to do? What was the latter's reaction?
(d) What did Rabah subsequently comment?
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9)
(a) On what basis does Rav Yehudah Amar Rav Nachman (or just Rav Nachman) believe a creditor who says that he had a Pruzbul but lost it?
(b) What did Rav used to ask creditors who claimed their debts after the termination of Shemitah without producing a Pruzbul? What does this have to do with the Pasuk in Mishlei "P'sach Picha l'Ilem"?
(c) What does the Mishnah in Kesuvos say about a creditor who claims his debt after the Shemitah without a Pruzbul?
(d) How do Rav Nachman and Rav reconcile their opinion with the Mishnah in Kesuvos?
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10)
(a) What does the Tana Kama of our Mishnah say about someone who redeems a captured slave ...
1. ... as a slave?
2. ... as a free man?
(b) What problem do we have with this, assuming that the owner had ...
1. ... been Meya'esh (despaired of receiving his slave back)?
2. ... not been Meya'esh?
(c) Abaye establishes the Mishnah when the owner had not been Meya'esh. Why then, if he redeemed him ...
1. ... as a slave, does the slave not become the slave of the man who redeemed him?
2. ... as a free man, does he not belong to the man who redeemed him?
3. ... as a free man, does he not return to his master?
(d) What is then the reason of Raban Shimon ben Gamliel, who says that, either way, the slave returns to his master?
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11)
(a) Rava establishes our Mishnah after Yi'ush. How does he then explain ...
1. ... 'Im l'Shum Eved, Yishta'bed'? Whose slave does he become?
2. ... 'le'Shum ben Chorin, Lo Yishta'bed'? Why does he work neither for the first master nor for the second?
(b) According to Rava, we establish Raban Shimon ben Gamliel ('Bein-Kach u'Vein-Kach Yishta'bed') like Chizkiyah. What did Chizkiyah say? Whose slave is he?
(c) If, as Rava explains, Raban Shimon ben Gamliel's reason is that of Chizkiyah, why did the Tana of the Beraisa give the reason that we cited earlier ('it is a Mitzvah to redeem slaves like it is to redeem Jews who are free')?
(d) According to Rava, in whose opinion the Tana is speaking after Yi'ush, and the slave works for the man who redeemed him, from whom did the latter acquire him?
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