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.

1)FOR WHOM ARE WE MESADER?

(a)Question: Are we Mesader for a borrower?

1.Do we learn a Gezeirah Shavah "Michah-Michah" from Erchin, or not?

(b)Answer: We may learn from Ravin.

1.(Ravin): My Rebbi'im did not answer this question, but they discusses one who obligated himself to give 100 Zuz to Hekdesh.

2.Opinion #1 (R. Yakov): We learn a Kal va'Chomer from a creditor. Even though a creditor must return a security, he need not be Mesader. Hekdesh need not return a security, all the more so it need not be Mesader!

3.Opinion #2 (R. Yochanan): "Neder b'Erkecha" equates vows and Erchin;

i.Just like we Mesader for Erchin, also for vows.

4.R. Yakov explains that Torah equates them for one who vows to give the value of a limb. (If one vows to give the Erech of a limb vital to life, he gives the full Erech of the person. Likewise, if one vows to give the value of a limb vital to life, he gives the person's full (slave) value.)

(c)Suggestion: A Kal va'Chomer should teach that a creditor is Mesader!

1.Regarding Erchin, there is no law of returning a security, yet we are Mesader. A creditor must return a security, all the more so he must be Mesader!

(d)Rejection: "V'Im Mach Hu me'Erkecha" - we Mesader for Erchin, not for a borrower.

1.According to the opinion that a creditor is Mesader (Rashi - the first Tana of our Mishnah, he obligates the creditor to forever return the security; Tosfos - the Tana of the Beraisa (113b) who said so explicitly), "Hu" teaches that he was poor from the time he vowed until now (only then he pays (a smaller) Erchin according to what he can afford).

(e)Suggestion: A Kal va'Chomer should teach that Hekdesh must return a security!

1.A creditor is not Mesader, yet he must return a security. Hekdesh is Mesader, all the more so it must return a security!

(f)Rejection #1: "V'Shochav b'Salmaso u'Veracheka" - Hekdesh need not return a security, since it does not need to be blessed.

(g)Objection: Indeed, Hash-m desires our Berachos - "v'Ochalta v'Sovata u'Verachta"!

(h)Rejection #2: "U'Lecha Tihyeh Tzedakah" - Hekdesh need not return a security, since it does not need to fulfill the Mitzvah of Tzedakah.

(i)Question (Rabah bar Avuha): Are we Mesader for a borrower?

(j)Answer (Eliyahu): Yes. We learn a Gezeirah Shavah "Michah-Michah" from Erchin.

1.It says regarding Erchin "v'Im Mach Hu me'Erkecha", and it says regarding a borrower "v'Chi Yamuch Achicha".

114b----------------------------------------114b

2)OTHER ANSWERS OF ELIYAHU

(a)Question (Rabah bar Avuha): What is the source that a naked person may not separate Terumah?

(b)Answer (Eliyahu): (One must bless before separating, and one may not bless while naked due to) "v'Lo Yireh Vecha Ervas Davar."

(c)Question (Rabah bar Avuha): Aren't you a Kohen (Pinchas)? Why are you in a cemetery (of Nochrim)?

(d)Answer (Eliyahu - Beraisa - R. Shimon): A Nochri's grave does not have Tum'as Ohel (to make Tamei whatever is above it or under a common roof with it), for it says about Tum'as Ohel "Adam Ki Yamus b'Ohel");

1."Adam Atem" - Yisrael are called 'Adam', but Nochrim are not.

(e)Eliyahu was surprised that Rabah bar Avuha did not know this.

1.Rabah bar Avuha: Due to my poverty, I am not sufficiently fluent in the four tractates of the Mishnah we focus on in Bavel (Mo'ed, Nashim, Nezikin, Kodshim). All the more so I am not fluent in (Zera'im and) Taharos!

2.Eliyahu took him to Gan Eden and told him to take leaves. As he was about to leave, he heard a voice saying that he was consuming his share in the world to come, so he threw down all the leaves.

3.In any case, his garment had absorbed the smell. He sold it for a fortune, and divided the money among his sons-in-law.

3)CONDITIONS OF RETURNING A SECURITY

(a)(Beraisa): "V'Im Ish Oni Hu Lo Sishkav ba'Avoto", but one may sleep in a rich person's garment (given for a security).

(b)Objection: That is Ribis!

(c)Answer (Rav Sheshes): The Beraisa means, a creditor may not sleep while holding an Oni's (night) garment in his house;

1.He may sleep with a rich person's garment in his house.

(d)(Beraisa): If Reuven lends to Shimon, he may not be`Memashken him, he need not return his security to him, he transgresses all these Mitzvos.

(e)Question: What does this mean?!

(f)Answer #1 (Rav Sheshes): If Reuven lends to Shimon, he may not be Memashken him. If he was Memashken him, he must return it. If he does not return it, he transgresses all these Mitzvos.

(g)Answer #2 (Rava): If Reuven lends to Shimon, he may not be Memashken him. He must return it to him;

1.This is if he was Memashken him after giving the loan, but if he was Memashken him when he gave the loan, he need not return it.

2.If he was Memashken him after giving the loan and he does not return it, he transgresses all these Mitzvos.

(h)(Rav Shizbi - Beraisa): "Ad Bo ha'Shemesh (before the sun rises) Teshivenu Lo" refers to a garment worn at night;

1."Hashev Tashiv Lo Es ha'Avot k'Vo ha'Shemesh (when the sun sets)" refers to a day garment.

(i)Question (Rava): Why should one return a night garment for the day, and a day garment for the night?!

(j)Rav Shizbi: I will no longer recite the Beraisa (there is a mistake in the text).

(k)Rava: The correct version is "Ad Bo ha'Shemesh Teshivenu Lo" refers to a day garment, which may be taken at night;

(l)"Hashev Tashiv Lo Es ha'Avot k'Vo ha'Shemesh" refers to a night garment, which may be taken during the day.

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