SHEVUOS 44 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

[44a - 14 lines; 44b - 39 lines]

1)[line 14]שומר אבידהSHOMER AVEIDAH

A Shomer Aveidah is a person who watches a lost object until the owner comes to claim it. Rabah rules that he has the obligations and liabilities of a Shomer Chinam. Rav Yosef rules that he has the obligations and the liabilities of a Shomer Sachar.


2)[line 1]שומר שכרSHOMER SACHAR

A Shomer Sachar is one who is paid to watch an item but is not permitted to use it. He is liable for damages in cases of Peshi'ah, theft or loss, but is not liable in a case of Ones.


(a)The Torah requires that all loans shall be canceled every seventh year, as it states in Devarim 15:2, "Shamot Kol Ba'al Masheh Yado" - "Every creditor who lends anything to his neighbor shall release it." To demand payment of a loan after the Shemitah year is a violation of the prohibition of "Lo Yigos Es Re'ehu v'Es Achiv" - "he shall not exact it of his neighbor or of his brother" (ibid.). Most Rishonim rule that the Shemitah year cancels loans at the end of the year, on the last day of the month of Elul (RAMBAM Hilchos Shemitah v'Yovel 9:1-4).

(b)Hashmatas Kesafim applies mid'Oraisa only when the Yovel year is in practice. Mid'Rabanan it applies today, whether inside or outside of Eretz Yisrael.

(c)Shemitah does not cancel debts which have a due date after the Shemitah year (such as a ten year loan), since the creditor is not allowed to demand repayment before the due date, and thus "Lo Yigos" (see (a) above) does not apply. Similarly, Shemitah does not cancel a debt for which a security was taken at the time of the loan. The Gemara here teaches that even if the security is worth only half of the loan, the loan is not cancelled by Shemitah.

4)[line 10]משכונו כנגד חובוMASHKONO K'NEGED CHOVO- only when the security is worth the entire value of the loan, Shemitah does not cancel the loan


5)[line 20]השכירHA'SACHIR- the hired laborer

6)[line 21]והנחבלVEHA'NECHBAL- and the one who was wounded

7)[line 22]וחנוני על פנקסוV'CHENVANI AL PINKASO- and a storekeeper on his ledger. This refers to a case of a person who owes his workers money. In lieu of paying them cash, he gives the amount he owes them to a local storekeeper who will supply them with goods from his store without payment, up to the value of their wages. Later, the storekeeper claims that he paid the workers but did not yet receive compensation from their employer, while the workers claim that they received neither goods from the storekeeper nor wages from their employer. According to the Rabanan, the storekeeper swears that he did pay the workers by was not compensated by the employer and the workers swear that they did not receive goods from the storekeeper, nor were they compensated by their employer, even though their Shevu'os openly contradict each other. After swearing, they both collect from the employer.