CHULIN 31-43 - 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.

PEREK HASHEVI'IS
1)

THE CANCELLATION OF LOANS (Yerushalmi Sheviis Perek 10 Halachah 1 Daf 27b)

[ãó òè òîåã à (òåæ åäãø)] îùðä äùáéòéú îùîèú àú äîìåä áùèø åùìà áùèø ä÷ôú äçðåú àéðå îùîèú àí òùàä îìåä äøé æå îùîèú

(a)

(Mishnah): Sheviis cancels loans whether they were made with or without a document. It does not cancel credit of a store but if it was converted into a loan, it is cancelled.

øáé éäåãà àåîø äøàùåï øàùåï îùîè

(b)

(R. Yehuda): Earlier credit is cancelled (as it was automatically converted into a loan when he took the most recent credit).

ùëø ùëéø àéðå îùîè åàí òùàå îìåä äøé æå îùîè

(c)

The wage of a hired worker is not cancelled but if it was converted into a loan, it is cancelled.

øáé éåñé àåîø ëì îìàëä ùäéà ôåñ÷ú áùáéòéú îùîèú àéðä ôåñ÷ú áùáéòéú àéðä îùîèú

(d)

(R. Yosi): The payment for any work that must stop in Sheviis is cancelled; if does not need to stop, it is not cancelled.

äùåçè àú äôøä åçéì÷ä áø''ä àí äéä äçåãù îòåáø îùîéè åàí ìàå àéðä îùîéè

(e)

If one slaughtered a cow and divided it up on Rosh Hashana (of the 8th year to people who had agreed to buy portions of it and pay afterwards), if the previous month was declared a full month (thereby rendering the 1st day of Rosh Hashana as the last day of the previous year and the next day as the true Rosh Hashana), the payments are cancelled (as the end of the Shemita year cancels all loans, and these were considered loans before that time). If not, (meaning that the 'loans' were actually taken in the new year), they are not cancelled.

äàåðñ åäîôúä åäîåöéà ùí øò åëì îòùä á''ã àéðï îùîéèéï

(f)

Penalties for rape, seduction and defamation (known as Motzi Shem Ra) and any obligation ordered by Beis Din, are not cancelled.

äîìåä òì äîùëåï åäîåñø ùèøåúéå ìá''ã àéï îùîèéï:

(g)

One who loaned with collateral and one who handed over his loan documents to Beis Din - their debts are not cancelled.

[ãó òè òîåã á (òåæ åäãø)] âîøà äùáéòé' îùîèú ëå' ðéçà ùìà áùèø áùèø åéòùä ëîìåä òì äîùëåï åìà éäà îùîè

(h)

(Gemara) Question: The Mishnah taught that Sheviis stops the loan, with or without a document. Without a document is understandable; but with a document, why does it stop it? It should be like a loan taken with collateral, and it shouldn't stop it?

àîø ø' éåçðï úéôúø áùèø ùàéï áå àçøéåú ðëñéí åëø''î

(i)

Answer #1 (R. Yochanan): It refers to a document that does not stipulate land on lien and it follows R. Meir (who said, unlike the Rabbanan, that if no stipulation is written, it was not an oversite of the scribe and there is no automatic lien).

àúà òåáãà ÷åîé ø''é áùèø ùàéï áå àçøéåú ðëñéí åäåøé îùîè àîø îôðé ùàðå ìîéãéï îï ääìëä àðå òåùéï îòùä

(j)

Such a case came before R. Yochanan of a document without a lien and he ruled that the loan should be cancelled. (This seems to contradict the way he explained the Mishnah.) He said that even though that was the correct way to understand the Mishnah and the Halacha should follow the Rabbanan (that every document has an automatic lien and therefore Sheviis should not cancel it), the Halacha actually is that Sheviis does cancel such a loan (in which a lien wasn't written). (Note: This is the Rash's explanation according to our text. However, the Vilna Gaon's text, which is also the text in the Bavli in Gitin 37a, states that in the story of R. Yochanan, it was a document with a lien and R. Yochanan was stringent that it should cancel, despite its logical comparison to a loan with collateral.)

à''ø éøîéä áùàéï ìå ÷ø÷ò äà éù ìå ÷ø÷ò àéðå îùîè

(k)

Answer #2 (R. Yirmiyah): Even if the document has a lien written, if the borrower doesn't own a field, the loan is cancelled. The Gemara understands that this means that if he owns a field, the loan is not cancelled.

àîø ø''é àôéìå éù ìå ÷ø÷ò îùîè

(l)

(R. Yosi disagrees): Even if he owns a field, it is cancelled.

àúéà ãø''é ëãøá ãà''ø áà áùí øá ééçã ìå ÷ø÷ò [àéðå] îùîè ìà àîøå àìà ééçã ìå äà ìà ééçã ìå (àéðå) îùîè

(m)

R. Yosi follows Rav's view, as R. Ba said from Rav that if the borrower designated a field to be reserved for payment, Sheviis doesn't cancel it. The Gemara understands that this means that if he didn't designate such a field, Sheviis cancels (since as long as he can deflect him to another field, the loan is not considered collected).

äîùòáã ùãä ìàùúå åäìê åîëøä àí øöúä ìâáåú îîðå [å]îùàø ðëñéí âåáä

(n)

Baraisa: If a man designates a field for his wife's Kesubah and he later sold it, if she wishes, she can collect her Kesubah from it or from the rest of his property (that's not on lien), she may do so.

àîø ø' äéìà äåøé ø' ìòæø ëäï úðééà

(o)

(R. Hila): R. Elazar ruled like this Baraisa.

çáøééà áòééï ìà úâáä àìà îðëñéí îùåòáãéï

(p)

The Chevraya suggested that she should only collect from that particular land that was on lien, but not from other lands that don't have a lien (and he still possesses them).

àîø ìåï ø''é áðé çåøéï ìôðéä åàú àîøú úâáé îùåòáãéï

(q)

Question (R. Yosi): There are lands without a lien available and you are telling her to collect from land on lien?

îúðé' áùìà àîø ìä ìà éäà ìê ôéøòåï àìà îæä àáì àí àîø ìä ìà éäà ìê ôéøòåï àìà îæä àéðå âåáä àìà îîðä

(r)

Answer: The case is when he didn't explicitly say that collection may only be from this particular field; but if he did, she may only collect from it.

[ãó ô òîåã à (òåæ åäãø)] äîùòáã ùãä ìçáéøå åäìê åîëøä ø' àçà àîø îëåøä ìùòä ø''é àîø àéðå îëåøä ìùòä

(s)

If one designated a field (for payment if a loan wasn't returned) and he then sold that land - R. Acha said that it's considered temporarily sold (and the buyer may eat the fruits); R. Yosi said that it's no sale at all.

çééìé ãø' éåñé îï äãà ùåøå îöåé äåà ìäáøéç ùãä àéðå îöåé ìäáøéç'

(t)

Proof for R. Yosi is from the following - If he designated his ox as payment and then sold it, it is valid, since he's able to hide it from his creditor (if he comes after it); but if he designated his field and then sold it, it is not a valid sale as there's no way to hide it from his creditor.

äâò òöîê ùäéúä îëåøä ìáòìé æøåò

(u)

Question: But if the buyer of the field is tough, the creditor won't be able to repossess it!

àîø ø' éåãï àáåé ãø' îúðééä îöåééï äï [ãó ëç òîåã à] áòìé æøåò ìéôåì

(v)

Answer (R. Yudan, father of R. Matanya): Tough guys often fall (and the creditor will then be able to repossess it).