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|BAVA METZIA 112-116 - 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 Rav Weiner -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.|
If someone owes money to Hekdesh and a Mashkon is taken by Hekdesh it is not returned to him at night if it is a night garment and it is not returned at day if it is a day garment.
If someone vows to give a Manah to Hekdesh for Bedek ha'Bayis if he can't afford to pay it is a Machlokes if we allow him to keep his basic necessities.
If someone vows to pay the Erech of a person to Hekdesh and he can't afford to pay he is allowed to keep his basic necessities.
If someone vows to pay the Erech of a person to Hekdesh and he can't afford to pay and the Kohen dismisses him from a portion of the Erech he is Patur from paying the entire amount even if he subsequently becomes wealthy.
If someone vows I will pay the Erech of a certain limb to Hekdesh if it is a vital limb, such as the heart, he must pay the entire Erech and if it is a non-vital limb, such as a hand, he is completely Patur.
If someone vows he will pay the value of a certain limb to Hekdesh if it is a vital limb he gives the entire value of the person to Hekdesh.
If he vows he will give the value of a non-vital limb to Hekdesh we estimate how much less a servant is worth without that limb and he must pay that amount to Hekdesh.
If a debtor can't afford to pay his debt it is a Machlokes if we allow him to keep his basic necessities.
A person may not recite a blessing while he is naked and therefore a naked person shall not separate Terumah.
R. Shimon Ben Yochai says that graves of non-Jews are not Metamei with Tumas Ohel.
A Ba'al Chov is obligated to return a Mashkon to a poor person when he needs it, but he is not obligated to return a Mashkon to a rich person.
A Ba'al Chov is only obligated to return a Mashkon to a poor person if the Mashkon was taken after the loan was made, but if it was taken at the time of the loan he is not obligated to return it.
If a Ba'al Chov returns a Mashkon to the borrower and the borrower dies he may take the Mashkon from the inheritors. (1)
A BIT MORE
1. Even though a Ba'al Chov may not collect his debt from the Metaltelin of orphans he may collect from a Mashkon even though he returned it before the father died.
LEARNING FROM A NAVI
Rabah asked Eliyahu ha'Navi if we allow a debtor to keep his basic necessities if he can't afford to repay a loan. The Maharitz Chiyus asks the Torah is not in Heaven and a prophet is not believed if he teaches us a novel Halachah. The Maharitz Chiyus answers that Rabah asked Eliyahu for the source for the Halachah that a debtor may keep his basic necessities. Since Eliyahu is not teaching us a novel Halachah without a source, but rather he is teaching us a source for a Halachah he is no different that any Sage who teaches us a Halachah and provides us with a source. A prophet is only not believed if he doest provide us with a source or with a Sevara (compelling logic).
RETURNING A MASHKON
Whether a Ba'al Chov takes a Mashkon by force or by way of the Shali'ach Beis Din if the debtor is poor and he took a Mashkon that he needs it is a Mitzvah to return the Mashkon at the time that he needs it. He must return bedding at night for sleeping and a plow at daytime for his work. If so, what is the purpose of the Mashkon? So that the Chov will not be forfeited on Shvi'is and will not become Metaltelin by the sons so that he can collect from the sons after the death of the debtor. However, this only applies to a Mashkon that was taken after the loan was made, but if the Mashkon was taken at the time of the loan it need not be returned. (Shulchan Aruch CM 97:16)
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