BAVA METZIA 112-116 - 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 Rav Weiner -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

[115a - 40 lines; 115b - 16 lines]

1)[line 1] SHE'LO SEHEI SHEVI'IS MESHAMTASO - so that the Shevi'is year should not cancel the debt (HASHMATAS KESAFIM)

(a)The Torah requires that all loans shall be canceled every seventh year, as the verse 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 if they can be considered to have been already collected. As such, if a loan is placed in the hands of Beis Din (see Background to Bava Kama 36:16:c-d) or if collateral is taken for the loan, it is not cancelled. The latter only applies to collateral of Metaltelin (movable goods) that are already considered to belong to the creditor. In an Asra d'Mesalkei (see Background to Bava Metzia 67:18), the creditor does not acquire a Mashkon of real estate, since it stands to be returned. As such, Shemitah does cancel the debt, in spite of the Mashkon.

2)[line 10]AREV - a guarantor of a loan

(a)An Arev is a guarantor for a loan who accepts upon himself to pay back the loan instead of the borrower, under certain circumstances.

(b)There are different levels of guarantors. A normal guarantor only has to pay back the loan if the borrower cannot pay. In the case of an Arev Kablan, the lender may approach the Arev Kablan to pay even if the lender has not yet asked the borrower to pay. The Halachah of our Gemara applies only to a normal Arev; in the case of an Arev Kablan, the lender is not allowed to enter his house to take a security for the loan (SHULCHAN ARUCH CM 97:14).

3)[line 10]" , ""LEKACH BIGDO KI ARAV ZAR, UV'AD NOCHRIYAH CHAVLEHU"- "Take his garment for he has co-signed for a stranger, or he has offered a security for an alien woman." (Mishlei 20:16)

4)[line 11]" , . , . , ; ""BENI, IM ARAVTA L'RE'ECHA, TAKA'TA LA'ZAR KAPECHA. NOKASHTA V'IMREI FICHA, NILKADTA B'IMREI FICHA. ASEH ZOS EFO BENI V'HINATZEL, KI VASA V'CHAF RE'ECHA; LECH HISRAPES, U'RHAV RE'ECHA"- "My son, if you have become a guarantor for your friend, or you have clasped your hand for a stranger. You have stumbled with the words of your mouth; you have become trapped by the words of your mouth. Do this, therefore, my son, and be saved, because you have come into the hands of your friend; go humble yourself and appease your friend." (Mishlei 6:1-3)

5)[line 15] HATER LO PISAS YAD- open up for him the palm of your hand, i.e. pay him back. (These four words are the result of using Notrikon for the word "Hisrapes.")

6)[line 15] HARBAH ALAV RE'IM- have many friends appease him

7)[line 16] L'TZAD SHENI- a second way of explaining the verse

8a)[line 17] SECHAR KATAF- the wage of a porter

b)[line 17] SECHAR CHAMAR- the wage of a donkey driver

c)[line 18] SECHAR PUNDAK- the fee for an inn

d)[line 18] SECHAR DEYUKNA'OS- the fee for portraits or drawings made [on the walls] in one's home

9)[line 19] ZAKFAN ALAV B'MILVEH- he set them (the money owed to the workers as their wages) upon himself as a loan (as if he had taken a loan from them)

10)[line 19]" ""MASHAS ME'UMAH"- "[When you lend to your fellow man] any type of loan, [do not come into his house to take something as security]." (Devarim 24:10)

11)[line 27] U'VILVAD SHE'LO YEHU MESIROS ES LIBO- as long as they (the king's wives) do not turn his heart away [from serving HaSh-m]

12)[line 28]AVIGAYIL- Avigayil was the wife of Naval. The Navi relates (Shmuel I ch. 25) that Naval and his shepherds had been protected by David and his soldiers. Some time later, when David had to flee from the pursuit of King Shaul, he sent messengers to Naval to ask for provisions. Although he fed the ten messengers, he refused to provide for David and his army. Besides repaying good with bad, this was an act of treason, since the prophet Shmuel had already anointed David king. David was about to have Naval and his entire household executed, but Naval's wife Avigayil proved that only Naval was guilty. She personally brought David the provisions that he needed. When Avigayil told Naval of her actions, he fell faint. Ten days later, he died after being struck by a plague of HaSh-m. David ha'Melech married Avigayil, who was a righteous woman.

115b----------------------------------------115b

13)[line 3]NA- partially roasted

14)[line 4]"[ ;] , [ ]""[AL TOCHLU MIMENU NA U'VASHEL MEVUSHAL BA'MAYIM;] KI IM TZELI ESH, [ROSHO AL KERA'AV V'AL KIRBO]"- "[You shall not eat it partially roasted or cooked in water;] but only roasted with fire, [its head with its legs and with its innards]." (Shemos 12:9)

15)[line 5]MEVUSHAL- cooked in water

16)[line 8] EIN LOKIN AL LAV SHEBI'CHELALOS - one does not receive Malkus for transgressing a "Lav shebi'Chelalos," a "general prohibition." (LAV SHEBI'CHELALOS)

A Lav shebi'Chelalos is a single Lav that prohibits many different acts. There is an argument among the Amora'im as to whether a person who transgresses a number of the prohibitions included in a single Lav receives a separate set of Malkos for each prohibition, one set of Malkos for everything, or no Malkos at all (see Insights to Pesachim 41:2).

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