BAVA METZIA 71 (1 Iyar 5784) - Dedicated l'Iluy Nishmas Reb Yakov Yosef ben Nosson Neta Friedman Z'L, in honor of his Yahrzeit. May Jack Friedman's exceptional Ahavas Yisrael and Ahavas Chesed be a Zechus for bringing peace and joy to his children, grandchildren and all of Klal Yisrael. Dedicated by his sons, Ari (Lawrence NY) and David (Jerusalem).

1)

(a)The Torah writes in Mishpatim "Im Kesef Talveh Es Ami Es he'Ani Imach". From where does the Beraisa learn that ...

1. ... a Yisrael who needs a loan has priority over a Nochri?

2. ... a poor man has priority over a rich one?

3. ... a poor man from one's own town has priority over one from another town?

(b)How does Rav Nachman quoting Rav Huna (in the second Lashon) explain the Torah's obligation to give precedence to a Yisrael over a Nochri? Why is this not obvious?

(c)Why does Rebbi Yosi in a Beraisa refer to someone who lends on interest as blind (by referring to what he would do if someone called him 'Rasha')?

(d)One of the reasons that we reject the interpretation of 'Yored Imo le'Chayav' as being that he is permitted to interfere with his Parnasah, is because it is unlikely that Chazal would allow a Yisrael to take revenge in this manner. What is the other?

2)

(a)What does Rebbi Shimon ben Elazar, in another Beraisa extrapolate from the Pasuk in Tehilim "Kaspo Lo Nasan be'Neshech ... Oseh Eileh Lo Yimot Le'olam"?

(b)How does Rebbi Elazar reconcile this with the fact that there are people who lose all their money, even though they did not transgress this sin?

(c)How does he extrapolate this from the above Pasuk?

(d)What does Rav Huna extrapolate from the Pasuk in Chavakuk "Lamah Sabit Bogdim Tachrish ke'Vala Rasha Tzadik Mimenu"? What has this to do with the current Sugya?

3)

(a)Rebbi, in a Beraisa, Darshens the Pasuk in Behar "ve'Chi Yamuch Achicha Imach ve'Nimkar lach O le'Ger Toshav O le'Eiker Mishpachas Ger". How does he interpret ...

1. ... "le'Ger Toshav"?

2. ... "Mishpachas Ger"?

3. ... "O le'Eiker"?

(b)What problem does Rebbi have with the fact that a Ger Tzedek can acquire an Eved Ivri?

(c)From where does the Tana learn that he cannot do so?

(d)And from where does he learns that ...

1. ... a Ger cannot be sold as Eved Ivri?

2. ... a woman cannot acquire an Eved Ivri?

4)

(a)How does Rav Nachman bar Yitzchak resolve Rebbi's problem? How can a Ger acquire an Eved Ivri in spite of the previous Derashah?

(b)In which way does a regular Eved Ivri who is sold to a Yisrael differ from a Nirtza (who wishes to continue as an Eved until the Yovel) and an Eved who is sold to a Nochri (and a Ger Tzedek who is sold to a Yisrael)? From an Eved Ivri who is sold to a Nochri?

(c)The Tana Kama of a Beraisa permits a woman to acquire Shefachos, but not Avadim. What does Raban Shimon ben Gamliel say?

(d)How do we reconcile Raban Shimon ben Gamliel with the previous Halachah (which prohibits a woman to acquire an Eved Ivri)?

5)

(a)What does the Tana of the Beraisa quoted by Rav Yosef forbid an Almanah to do, besides having Talmidei-Chachamim as guests, and for the same reason?

(b)Why will the Almanah not be afraid of discovery when everyone sees how closely attached the dog is to her?

6)

(a)Rebbi also had a problem with the Pasuk there concerning taking Ribis from a Ger Toshav "ve'Chi Yamuch Achicha u'Matah Yado Imach ve'Hechezakta bo Ger ve'Toshav ... Al Tikach me'Ito Neshech ... ve'Chei Achicha Imach". What does a Stam Beraisa say that seems to contradict this?

(b)Once again, it is Rav Nachman bar Yitzchak who answers Rebbi's Kashya. What does he mean when he points out that the Torah writes (not "Al Tikach me'Itam", but) "Al Tikach me'Ito"?

(c)In that case, why does the Torah insert Ger Toshav in the Pasuk?

71b----------------------------------------71b

7)

(a)What does the Beraisa extrapolate from the Pasuk "Al Yikach me'Ito Neshech ve'Sarbis"? What does the Torah permit?

(b)Why can this not be referring to being a guarantor for a Yisrael? What have we learned in a Mishnah (later in the Perek) in this regard?

(c)So we establish it with reference to a Nochri who is lending a Yisrael. Why will this nevertheless constitute Ribis?

(d)To resolve this problem, Rav Sheshes establishes the Beraisa where the Nochri undertook to follow Halachah (by claiming first from the borrower - see Hagahos ha'G'ra). If the Nochri undertook to follow Halachah, how come that he is claiming Ribis?

8)

(a)What does the Tana mean when he says ...

1. ... 'Malveh Yisrael Ma'osav shel Nochri mi'Da'as ha'Nochri'?

2. ... 'Aval Lo mi'Da'as Yisrael'?

(b)What will be the Din in the reverse case, where a Nochri borrows money from Reuven on interest, and Shimon then asks to borrow the money from him on the same terms? When will it be permitted and when will it be forbidden?

(c)What is the problem with the Halachah of 've'Im He'emido Eitzel Nochri Mutar' which, as we just explained, the Reisha permits?

(d)Why is this not a problem in the Seifa, which forbids the loan, even though the Nochri cannot be the Shali'ach of the Yisrael?

9)

(a)To answer this Kashya, Rav Acha Brei d'Rav Ika establishes the Reisha where the Nochri instructed his borrower to put the money on the ground and become free of the debt. What problem do we have with this explanation?

(b)So how does Rav Papa amend that answer?

(c)What is then the Chidush?

(d)Rav Ashi's answers that the preclusion of a Nochri from the institution of Shelichus is confined to Terumah, but does not extend to other Halachos. Why is Rav Ashi's answer considered a joke?

10)

(a)What is Rav Ashi's alternative answer? How else does he try to qualify the preclusion of a Nochri from the institution of Shelichus?

(b)What do we say to that answer?

11)

(a)Ravina answers the original Kashya (that, since there is no Shelichus by a Nochri, it transpires that the one Yisrael is taking Ribis from the other), by differentiating between Shelichus and Zechiyah. How does this answer the Kashya?

(b)How does he prove his point from a Katan?

(c)From which Pasuk in Terumah do we learn that a Katan cannot be a Shali'ach?

(d)On what grounds are Chazal more lenient with regard to a Katan than to a Nochri in this regard?