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.

1)

SELLING A DESIGNATED FIELD (Yerushalmi Sheviis Perek 10 Halachah 1 Daf 28a)

úðé äëåúá ùãä àôåúé÷é ìàùä áëúåáúä åìáòì çåá áçåáå îëøä äøé æå îëåøä åäìå÷ç éçåù ìòöîå

(a)

Question (Baraisa): If a man designates a field for his wife's Kesubah or for his creditor, if he sold it, it's a valid sale, but the buyer may make a claim against the seller if it's repossessed. (This is a question against R. Yosi who said earlier (Chulin 41(s)) that there's no sale at all.)

îúðé' áùàîø ìä éäà ìê ôéøòåï îæå

(b)

Answer: It was merely mentioned as a way of collecting but it wasn't designated as the exclusive way.

îä ôìéâéï ëùàîøå ìå ìà éäà ìê ôéøòåï àìà îæå

(c)

Over what is the disagreement (between R. Acha and R. Yosi)? When he designated it exclusively for payment.

2)

WHEN IS A KESUBAH CANCELLED BY SHEVIIS? (Yerushalmi Sheviis Perek 10 Halachah 1 Daf 28a)

[ëúåáä]

(a)

Question: (When is) a Kesubah (cancelled by Sheviis)?

øá àîø [òã ùúôâåí åúæ÷åó]

1.

(Rav): After she already collected part of it.

[åùîåàì àîø] ôâîä àò''ô ùìà æ÷ôä æ÷ôä àò''ô ùìà ôâîä

2.

(Shmuel): If she collected part, even if she didn't consider it a debt; or if she considered it a debt, even if she didn't collect part.

úðé ø' çééà òã ùúôâåí åúæ÷åó

(b)

Baraisa (R. Chiya): (Supporting Rav - from when is it cancelled?) After she already collected part of it.

[ãó ô òîåã á (òåæ åäãø)] åîôðé ùäåà î÷éó ìå ôòí ùðééä ðòùéú øàùåðä îìåä

1.

When the shopkeeper gave him credit a second time, it makes the first credit a loan.

àîø ø''à ãø' éåãà äéà

(c)

(R. Eliezer): This is the view of R. Yehuda (in the Mishnah (Chulin 41(b))) that earlier credit in a store is cancelled (as it was automatically converted into a loan when he took the most recent credit).

åøàåé ìúåáòå áø''ä

(d)

Question: (The Mishnah taught that if one slaughtered a cow and divided it up on Rosh Hashana amongst buyers who plan on paying after Rosh Hashana, if the previous month was declared a full month, the payments are cancelled.) Why are they cancelled if they cannot be claimed until after Rosh Hashana (since one cannot claim payment of a loan on Yom Tov)?

ø' áà áùí ø' æòéøà áîîåï ùäåà øàåé ìäàîéðå åîëéåï ùäåà øàåé ìúåáòå øàåé ìéúï ìå îòåú åëàï äåàéì åäåà øàåé ìéúï ìå îòåú åìà ðúï ðòùéú øàùåðä îìåä

(e)

Answer (R. Ba citing R. Zeira): Since the owner trusts the buyer to return to pay, it's as if he can claim the money on Rosh Hashana (as the buyer already feels compelled to pay it back). And here also, since he is being given more credit, the buyer feels compelled to pay back the first credit to the storekeeper, so it becomes like a loan.

ø' éåçðï àîø áâéï çøéùä

(f)

(R. Yochanan): (In the Mishnah (Chulin 41 (d)), R. Yosi said that the payment for any work that must stop in Sheviis is cancelled; if does not need to stop, it is not cancelled.) An example (of work that must stop) is plowing.

[ãó ôà òîåã à (òåæ åäãø)] ø''ù áï ì÷éù àåîø áâéï áðééï

(g)

(R. Shimon ben Lakish): Even construction.

òì ãòúéä ãøáé éåçðï ëì îìàëä ùäéà ôåñ÷ú áùáéòéú òì ãòúéä ãø''ù áï ì÷éù ëì îìàëä ùäéà ôåñ÷ú îàéìéä

(h)

R. Yochanan understands that the Mishnah refers to work that must stop due to the prohibitions of Sheviis. R. Shimon ben Lakish understands it to refer to any work that ends in Sheviis (such as a hired construction worker, who stops receiving work and whose wage was due in Sheviis - Sheviis therefore cancelled the debt.)

îä øáé éåñé ëø' éåãä ãø' éåñé àîø ëì îìàëä ùäéà ôåñ÷ú áùáéòé' (îùîéèú)[îùîèú] åùàéð' ôåñ÷' áùáéòé' àéðä îùîè'

(i)

Question: Does R. Yosi follow the view of R. Yehuda? R. Yosi said that any work that was completed in Sheviis is cancelled, since the worker didn't yet collect it and it has become a loan. Does he therefore agree with R. Yehuda's view that the previous credit in a store became like a loan and is cancelled...?

[ãó ëç òîåã á] åìà øáé (éåñé)[éåãà] ëø' (éåãà)[éåñé] àò''â ãø' éåãà àîø àéï ãøê äùåìçðé ìäéåú ðåúï àéñø òã ùéèåì ãéðø îåãä äåà áùëø ùëéø ùàéðå àìà ìáñåó

(j)

Answer: R. Yehuda might agree with R. Yosi, as even though we find that R. Yehuda said that it's the way of a money changer to first take the money before giving the change; and here also, R. Yehuda reasons that in order for the shopkeeper to feel more secure, if he gives credit, it becomes a loan - however, in the case of workers, he agrees that they are only owed the money at the end, so only when they finish working is it called a loan. But it could be that R. Yosi disagrees over the case of the shopkeeper as he holds the view of the Rabbanan that the money changer sometimes gives coins before receiving anything from the customer. Similarly, the shopkeeper gives credit even before it has become a loan.