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12th CYCLE DEDICATION
KESUVOS 106-110 - Dedicated in memory of Max (Meir Menachem ben Shlomo ha'Levi) Turkel, by his children Eddie and Lawrence and his wife Jean Turkel/Rafalowicz. Max was a warm and loving husband and father and is missed dearly by his family and friends. His Yahrzeit is 5 Teves.
If two people vow not to benefit from each other, one may give the Machatzis ha'Shekel for the other, pay off his debt, and return his Aveidah. (1)
The Terumas ha'Lishkah is separated also for people whose Machatzis ha'Shekel was lost, or was collected but did not yet arrive, or was not yet collected. (2)
Chanan: If a person paid off another's debt for him, there is no obligation for the debtor to pay him back.
If a person borrows money on condition that he can pay back whenever he wants and someone else pays off his debt for him, the debtor is not obligated to pay him back. (3)
If one does not leave over enough property to support both his sons and daughters for twelve months, the property is given to the daughters.
Admon: Even if there is not enough property to support both the sons and daughters, the sons inherit the property.
Shmuel: If one claims that the other person owes him wheat and barley, and the other admits to owing one of them, he must make a Shevu'ah of Modeh b'Miktzas. (4)
If one claims from another person, "A full ten pitchers of oil in your vat are owed to me," it is a claim on the oil and not the pitchers.
If one claims, "Ten full pitchers of oil are owed to me," it is a claim on the oil and on the pitchers.
Chachamim: If one claims, "Ten pitchers of oil are owed to me," it is a claim only on the oil and not on the pitchers. Admon: it is a claim on the oil and on the pitchers. (5)
A BIT MORE
1. In a place where the custom is to pay a reward to someone who finds an Aveidah, the reward shall be given to Hekdesh.
2. Even if a person's Machatzis ha'Shekel never ends up being collected, he is included in the Terumas ha'Lishkah.
3. Even according to the Rabanan -- who disagree with Chanan and rule that, generally, if one pays off a debt for another person, the debtor is obligated to pay him back -- in this case the benefactor is not considered to have provided a benefit to the debtor, since the lender was not able to force the debtor to pay back the debt.
4. Rebbi Yochanan: He is exempt from a Shevu'ah.
5. If he denies owing the oil but admits to owing five of the pitchers but not the other five, he must make a Shevu'ah of Modeh b'Miktzas on the pitchers, and he must also make a Gilgul Shevu'ah on the oil.
SUFFICIENT MEZONOS FOR THE DAUGHTERS
If one leaves over enough property to support both the sons and the daughters for twelve months, the property is inherited by the sons and the daughters receive Mezonos. The daughters have no right to demand that the entire sum of Mezonos that they need until they become adults be given to them at once. Instead, the sons may give them the Mezonos on a daily basis. If the father did not leave over enough property to support both the sons and the daughters for twelve months, the daughters receive the entire sum of Mezonos that they need until they become adults, and anything left is given to the sons. (Tosfos Rid)
PAYING BACK A CHOV
When one makes a Neder not to benefit from his friend, the friend may pay off his debt for him. Even if the lender was holding a Mashkon and by paying back the debt he took back the Mashkon, he may return the Mashkon to the borrower. (Shulchan Aruch YD 221:2)
He is permitted to pay back the debt only if it was done without the knowledge of the Ba'al Chov. (Shach)
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