1)

PARDONING A SOLD DEBT (cont.)

(a)

The daughter heard the counsel, and pardoned the Kesuvah.

1.

Rav Nachman: I acted like a lawyer (and I regret this).

(b)

Question: Why did he originally give the counsel, and later regret it?

(c)

Answer: Originally, he applied "Do not neglect your flesh." Later, he felt that an important person should refrain in such a case (lest others do so even for strangers).

(d)

(Shmuel): One who sells a loan document can pardon the debt. Even his heir can pardon it.

(e)

(Rav Huna brei d'Rav Yehoshua): If the buyer is clever, he will offer money to the borrower to write a loan document obligating himself to the buyer.

(f)

(Ameimar): According to the opinion that one must pay for Garmi (indirect damage), one who pardons a sold debt must pay the full value of the document;

1.

The opinion that exempts for Garmi says that the buyer bought a mere piece of paper.

(g)

A case occurred, and Rafram overwhelmed Rav Ashi (with proofs), and Rav Ashi obligated the person to pay the full value.

2)

HOW WE FORCE PEOPLE TO PAY DEBTS

(a)

(Ameimar): If a man must pay a creditor and a Kesuvah, and he has land and money, each receives according to his law: the creditor gets money, and his ex-wife gets land. (The case is, the dates of the loan document and the Kesuvah are the same.)

(b)

If there is only land, it is given to the creditor.

(c)

Question: What is the reason?

(d)

Answer: A woman wants to get married more than a man does (so she will not refrain even if she has poor rights of collection. People might refuse to lend if they have poor collection rights.)

(e)

Rav Papa (to Rav Chama): Did you cite Rava to say that if a creditor demands to be paid money and the borrower only has land, that we force him to sell his land?

(f)

Rav Chama: No.

(g)

Rav Papa: What was the case?

(h)

Rav Chama: The borrower (falsely) claimed that the money in his possession belongs to a Nochri. Since he acted improperly, we treated him improperly, and forced him to sell his land.

(i)

Question (Rav Kahana, to Rav Papa): You hold that it is a Mitzvah to pay a debt. If the borrower says 'I do not want to do the Mitzvah', what happens?

(j)

Answer (Rav Papa - Beraisa): Forty lashes apply to Chayavei Lavin; but if someone refuses to do a Mitzvas Aseh, e.g. to make a Sukah or take a Lulav, we lash him until he fulfills it or until he dies.

86b----------------------------------------86b

3)

A GET LEFT ON THE SIDE OF A RESHUS HA'RABIM

(a)

Question (Rami bar Chama): If her husband gave her Get and said 'you are not divorced until 30 days from now' and she left the Get on the side of a Reshus ha'Rabim (near the wall, where most people do not walk. If the Get was still there at the end of 30 days), what is the law?

(b)

Version #1 - Answer #1 (Rav Chisda): We learn from Rav and Shmuel that she is not divorced (because it is not considered her Reshus. A Get must be put "b'Yadah", into her hand or Reshus).

1.

(Rav and Shmuel): Seizure of orphans' property helps only if the property is in a Reshus ha'Rabim.

2.

The side of a Reshus ha'Rabim is like a Reshus ha'Rabim.

(c)

Answer #2: Just the contrary, we learn from Rav Nachman that she is divorced!

1.

(Rav Nachman): If Reuven told Shimon 'be Moshech this cow, but it is not yours until 30 days', he acquires it then, even if it is in a swamp.

2.

Suggestion: A swamp is like the side of a Reshus ha'Rabim.

(d)

Rejection: No, a swamp is different.

(e)

Version #2 - Answer #1 (Rav Chisda): We learn from Rav Nachman that she is divorced;

1.

A swamp is like the side of Reshus ha'Rabim.

(f)

Answer #2: Just the contrary, we learn from Rav and Shmuel that she is not divorced!

1.

Suggestion: The side of a Reshus ha'Rabim is like a Reshus ha'Rabim.

(g)

Rejection: No, they are different.

4)

CAN ONE MAKE HIS WIFE SWEAR?

(a)

(Mishnah): If one appointed his wife to sell his produce or oversee his affairs, he can make her swear (that she did not embezzle money) whenever he wants;

(b)

R. Eliezer says, he can make her swear even about the thread she spins or the dough she bakes.

(c)

(Gemara) Question: Does R. Eliezer say that he can make her swear only through Gilgul (if she must swear about something else, she must include in the oath about the thread or dough)?

1.

Or, can he make her swear about these by themselves?

(d)

Answer #1 (Beraisa - Chachamim (to R. Eliezer)): A person cannot live with a snake in a basket.

1.

Question: Granted, if he can make her swear on these alone, this is intolerable.

2.

But if he can only make her include these when swearing about other things, what difference does it make to her?

(e)

Rejection: Still, she can say that she cannot live with someone who is so exacting with her.

(f)

Answer #2 (Beraisa): If a man did not exempt his wife from vows and oaths and appointed her to sell his produce or oversee his affairs, he can make her swear whenever he wants;

1.

If he did not appoint her to sell or oversee matters, he cannot impose an oath on her;

2.

R. Eliezer says, even if he did not appoint her to sell or oversee matters, he can make her swear whenever he wants, since every woman is sometimes like an overseer over her thread and dough.

3.

Chachamim: A person cannot live with a snake in a basket.

i.

This shows that R. Eliezer says that he can make her swear about these alone.

(g)

(Mishnah): If a man wrote to his wife 'I have no vow or oath against you', he cannot make her swear, but he can impose an oath on her heirs or someone who bought her Kesuvah (when they come to collect her Kesuvah after she was divorced and (regarding heirs) died).

(h)

If he wrote 'I have no vow or oath against you, your heirs, or one who buys your Kesuvah', he cannot impose an oath on her, her heirs, or one who bought her Kesuvah; but his heirs can impose an oath on them.

(i)

If he wrote 'I, my heirs, or one who buys my property have no vow or oath against you, your heirs, or one who buys your Kesuvah', this takes effect.

(j)

If she went from burying her husband to her father's house, or returned to her father-in-law's house, and did not become an overseer, the heirs cannot make her swear.

(k)

If she became an overseer, the heirs can make her swear about the future (after he died), but not about the past (in his lifetime).

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