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GITIN 50

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SUMMARY

If a person becomes an Arev Kablan for a Ba'al Chov he is obligated to pay the Chov.
 

 
It is a Machlokes if a person who makes himself into an Arev Kablan for a Kesuvah or an Arev for a Ba'al Chov has an obligation to pay if the borrower does not have the money to pay at the time of the loan.
 

 
An Arev for a Kesuvah has no obligation to pay. (1)
 
A Kesuvah is collected from Ziburis because a woman wants to get married more than a man.
 
R. Nachman says that a Ba'al Chov only collects Ziburis from orphans even if it is stipulated in the Shtar that he collects Idiyos.
 
A Ba'al Chov collects Beinonis but he only collects Ziburis from orphans.
 

 
Rava holds that since if it is stipulated in the Shtar that he collects Idiyos he may collect Idiyos even from orphans since Min ha'Torah he collects from Idiyos.
 
A Ba'al Chov collects from Ziburis Min ha'Torah and the Chachamim decreed that he shall collect Beinonis so that the door will not be shut in front of borrowers.
 
When one is collecting damages from orphans he may only collect from Ziburis. (2)
 
Rava says that even if one damages Ziburis he must pay from Idiyos; however if the Idiyos property was ruined prior to the payment he pays instead from Beinonis. (3)
 
The Din that one may only collect Ziburis from orphans and only with a Shevu'ah applies even to orphans that are Gedolim.
 
It is a Safek if the Din that one may not collect from Meshu'abadim if there are Bnei Chorin available even if it is Ziburis applies even if the Meshu'abdim were a gift
 
If a Shechiv Mera says to give 200 Zuz to Ploni and 300 Zuz to Ploni and 400 Zuz to Ploni the person written first in the Shtar does not have priority to the money. (4)
 
If a Shechiv Mera says to give 200 Zuz to Ploni and afterwards 300 Zuz to Ploni and afterwards 400 Zuz to Ploni the person written first in the Shtar is the first to collect the money. (5)
 
When a stolen property is taken by the Nigzal from the buyer of the Gazalan he may not collect for the improvements that he made and the fruit of the land from Meshu'abadim.
 
Reish Lakish says that the reason the improvements and the fruit may not be collected from Meshu'abadim is because it is not written in the Shtar. (6)
 
The food that is owed to a wife or to the daughters may not be collected from Meshu'abadim because the original Takanah was that it may only be collected from Bnei Chorin

A BIT MORE

1. Because he did a Mitzvah and no loss was incurred by the wife.
 
2. According to Rava since for damages one collects from Idiyos Min ha'Torah even when collecting from orphans one collects from Idiyos. However according to R. Yishmael who holds that Min ha'Torah one collects from the Idiyos of the Nizak even if it is equal to the Ziburis of the Mazik and the Rabanan instituted that he collects from the Idiyos of the Mazik; when collecting from orphans one may only collect from the Idiyos of the Nizak
 
3. Once the Idiyos was ruined Min ha'Torah the Din is that he collects from Ziburis but so that the door will not be shut in front of borrowers the Rabanan instituted that he collects from Beinonis, however when he collects from orphans his may collect from Ziburis.
 
4. Therefore if the Shechiv Mera owes money it is collected equally from all of them.
 
5. Therefore if the Shechiv Mera owes money it is collected first from the last person written in the Shtar and than from the next to last person and so on.
 
6 R. Chanina says that the reason is because it is not a fixed amount.

BRIEF INSIGHT

WORST OF THE UTENSILS
 
The Gemara says that a Ba'al Chov collects Min ha'Torah from Ziburis because the borrower will usually take out the worst of his utensils. Tosfos asks that the Gemara says in Bava Kama that even the worst of utensils regarded as Idiyos because everything but land is always regarded as Idiyos! Tosfos answers that also when the borrower pays with and he pays with the worst of his land which is Ziburis. The Ramban answers that since even when he is giving a Mashkon he takes out the worst of his utensils when he is paying back the Chov he will pay with the worst of his land.

QUICK HALACHAH

One nay only collect from inheritors of [the Ba'al Chov] even if they are Gedolim with a Shevu'ah. One nay only collect Ziburis from inheritors of [the Ba'al Chov] even if they are Gedolim. Even if it was stipulated that he may collect Idiyos or Beinonis the Tenai has no effect. However if he specifically stipulated that he may collect Idiyos from the inheritors the Tenai is effective. That which we said that he only collects Ziburis only applies to a land that the fruit it produces is worth more than the work that is put into the field because if not it is not regarded as even Ziburis and instead it is considered an Eretz Gezeirah. (Shulchan Aruch CM 108:17, 18, 19)

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