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GITIN 37

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12th CYCLE DEDICATION
GITIN 37 - Dedicated by HaGaon HaRav Yosef and Ruthie Pearlman, Ohavei Torah from London, England. May Hashem bless them with good health and provide them with all their needs that they may enjoy many years of Nachas and joy from their wonderful family.

SUMMARY

Orphans do not need a Pruzbul for the Chov of their father R. Gamliel and his Beis Din are the fathers of orphans (1)
 
A Pruzbul may only be written if the borrower has Karka. (1)
 
Even a tiny piece of Karka held and even if the Karka is borrowed it is sufficient for the lender to write a Pruzbul. (3)
 
If the cosigner owns Karka or a person who owes money to the borrower owns Karka it is sufficient for the lender to write a Pruzbul.
 
If one person owes a another person who owes a third person the third person may collect his Chov from the first person.
 
It is a Machlokes if Shevi'is is Meshamet a Chov if the lender has a Shtar with Acharayas Nechasim (A Shibud on Karka).
 
If the borrower specifies a Karka that will be used to pay back the loan, or if he writes that all of his property is an Arev for his Chov, Shevi'is is not Meshamet the Chov. (4)
 
Beis Shamai holds that if the lender holds a Shtar it is as if the loan was already collected.
 
If the lender has a Mashkon or if he gave his Shetaros to Beis Din Shevi'is is not Meshamet the Chov.
 
A Ba'al Chov is Koneh a Mashkon and therefore he is responsible if it gets lost.
 
If the borrower attempts to return a Chov after Shevi'is the lender must say Meshamet Ani.
 
If the borrower responds even so I want to pay back the Chov the lender may accept repayment. (5)
 
The borrower must not say that he is paying back the Chov instead he shall say that he is giving the money as a gift.
 
It is a Machlokes if a lender is believed to say that he had a Pruzbul and that he lost it. (6)
 
Abaye says that if an Eved Kena'ani was captured and redeemed prior to Yi'ush, if he was redeemed l'Shem Eved he is an Eved to his original master. (7)
 
R. Shimon Ben Gamliel says that even he was redeemed l'Shem Ben Chorin he is an Eved to his original master. (8)
 
Rava says that if an Eved Kena'ani was captured and redeemed after Yi'ush, if he was redeemed l'Shem Eved he is an Eved to the person who redeemed him.
 
R. Shimon Ben Gamliel says that even if he was redeemed l'Shem Ben Chorin he goes back to the original master. (9)

A BIT MORE

1. And it is regarded as if their Shetaros was given over to the Beis Din.
 
2. If the borrower has no Karka the lender may be Mezakeh him a piece of Karka from his field.
 
3. Even a perforated flowerpot situated on pegs is sufficient for the lender to write a Pruzbul
 
4. This is in accordance with the opinion that Shevi'is is not Meshamet in which the lender has a Shtar with Achrayus Nechasim.
 
5. Rabah says that we force the borrower to say that even so he wants to repay the Chov.
 
6. According to the opinion that he is believed the reason is that since Hillel was Mesaken a Pruzbul a person will not forgo the Heter of a Pruzbul and instead engage in an Isur of collecting a loan without a Pruzbul.
 
7. If he was redeemed l'Shem Ben Chorin he goes free and we don't send him back to servitude with his original master because of the concern that people will be reluctant to redeem him.
 
8. R. Shimon Ben Gamliel holds that even though he goes back into servitude with his original master people will be willing to redeem him because he holds that it is a Mitzvah to redeem servants just like it is a Mitzvah to redeem Ben Chorin.
 
9. R. Shimon Ben Gamliel penalized the Eved to go back into servitude with original master so that servants will not escape their master by allowing themselves to be captured.

BRIEF INSIGHT

SHEVI'IS IS MESHAMET AT THE END
 
The Rosh says that Shevi'is is Meshamet only at the end of Shevi'is, however starting from the beginning of Shevi'is Beis Din will not collect a Chov for the lender and it is also forbidden for the lender himself to claim his Chov. However if during Shevi'is the borrower offers to pay back the Chov the lender may accept it and he does not have to say Meshamet Ani. But if the Chov is returned after Shevi'is the lender must say Meshamet Ani. However according to the Rambam and Ramban there is no prohibition for the lender to make a claim on his Chov until the end of Shevi'is. The Radvaz says that the Rambam and Ramban are not arguing with the Rosh and they are discussing a loan that was made during Shevi'is itself, only than may the lender may make a claim on the loan before the end of Shevi'is. (Korban Nesanel)

QUICK HALACHAH

THE MITZVAH OF SHEMITAH
 
Anyone who returns a Chov after Shevi'is the Ru'ach of the Chachamim is pleased with him. The lender must say Meshamet Ani and you are Patur from paying me back. If the borrower says even so I want you to accept it, he may accept it, because the Pasuk states that he may not claim his loan and he is not making a claim. The borrower must not say that he is paying back the Chov instead he shall say that he is giving the money as a gift. (Rambam Hilchos Shemitah 9:28)

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