1)
(a)Our Mishnah states 'ha'Omer, "Tenu Get l'Ishti Shtar Shichrur l'Avdi", Lo Yitnu l'Achar Misah'. On what grounds does the Tana state 'Tenu Get l'Ishti', and not 'Tein ... '?
(b)What will be the Din if he were say 'Tenu Manah li'Peloni'?
(c)How does Rav Yitzchak bar Marsa quoting Rav qualify the Seifa of the Mishnah ('Tenu Manah ... ')?
(d)What problem do we have with that, assuming that the donor is ...
1. ... healthy?
2. ... a Shechiv-Mera? What do we say about the words of a Shechiv-Mera?
1)
(a)Our Mishnah states 'ha'Omer, "Tenu Get l'Ishti Shtar Shichrur l'Avdi", Lo Yitnu l'Achar Misah'. The Tana states 'Tenu Get l'Ishti', and not 'Tein ... ' - because if the Get was already in the hands of the Shali'ach (as 'Tein' implies), then according to the Chachamim of Rebbi Meir, the slave would already be free.
(b)If he were to say 'Tenu Manah li'Peloni' - one would be obligated to hand over the money even after the donor's death.
(c)Rav Yitzchak bar Marsa quoting Rav qualifying the Seifa of the Mishnah (Tenu Manah ... ') - restricts it to when the donor points to a pile of money lying in a corner and says 'Tenu Manah Zu li'Peloni'.
(d)The problem with that, assuming that the donor is ...
1. ... healthy, is - that seeing as no Kinyan takes place, how will saying that help?
2. ... a Shechiv-Mera is - that based on the principle that the words of a Shechiv-Mera are valid as if the money has already been written and handed over to the recipient, then his words ought to be effective even if the money was not piled up in a corner .
2)
(a)Rav Zevid establishes the Mishnah by a healthy man. Why then will his command be fulfilled even though no Kinyan was made? What did Rav Huna Amar Rav say about 'Manah Li b'Yadcha, Teneihu li'Peloni ... '?
(b)Why then, does the money need to be piled up in a corner?
(c)Rav Papa establishes the case by a Shechiv-Mera. Nevertheless, the money needs to be piled up, due to another statement of Rav. What distinction does Rav draw between Manah Stam and Mazah Zu, in a case where someone says 'Tenu Manah li'Peloni mi'Nechasai'?
(d)Why do we not obey his instructions in a case of Manah Stam?
2)
(a)Rav Zevid establishes the Mishnah by a healthy man, whose command must be fulfilled even though no Kinyan was made - in the case of a deposit where the owner, the depositee and the recipient are all present, like Rav Huna Amar Rav, who ruled 'Manah Li b'Yadcha, Teneihu Lo li'Peloni, b'Ma'amad Sheloshtan, Kanah'.
(b)The money needs to be piled up in a corner - because Rav Zevid is of the opinion that Rav speaks exclusively about a deposit (that is still in his possession, but not to a loan, that has been spent).
(c)Rav Papa establishes the case by a Shechiv-Mera. Nevertheless, the money needs to be piled up, due to another statement of Rav - who confines the Din of 'Tenu Manah li'Peloni, Nosnin' to a case of Manah Zu (where the money is lying in front of him, but not to Manah Stam (where he rules 'Ein Nosnin') ...
(d)... since we suspect that the Shechiv-Mera is referring specifically to an unknown buried Manah.
13b----------------------------------------13b
3)
(a)We just learned how Rav Zevid establishes the Seifa of our Mishnah ('Tenu Manah l'Ish Peloni ... ') with regard to a healthy man, in accordance with Rav Huna Amar Rav (regarding the Din of Ma'amad Sheloshtan); whereas Rav Papa established it by a Shechiv-Mera (because of the suspected hidden Manah). Why does ...
1. ... Rav Papa decline to learn like Rav Zevid?
2. ... Rav Zevid decline to learn like Rav Papa?
(b)Our Mishnah says 'ha'Omer Tenu Get l'Ishti ... u'Mes, Lo Yitnu l'Achar Misah'. What can we infer from the combination of the two words 'u'Mes' and 'Tenu'?
(c)How does Rav Zevid prove from here that our Mishnah cannot be referring to a Shechiv-Mera?
3)
(a)We just learned how Rav Zevid established the Seifa of our Mishnah ('Tenu Manah l'Ish Ploni ... ') with regard to a healthy man, in accordance with Rav Huna Amar Rav (regarding the Din of Ma'amad Sheloshtan); whereas Rav Papa established it by a Shechiv-Mera (because of the suspected hidden Manah). The reason that ...
1. ... Rav Papa declines to learn like Rav Zevid is - because in his opinion Rav said the Din of Ma'amad Sheloshtan even by a loan (where the money has been spent).
2. ... Rav Zevid declines to learn like Rav Papa - because in his opinion, our Mishnah is not speaking about a Shechiv-Mera (for reasons that will now become clear).
(b)Our Mishnah says 'ha'Omer Tenu Get l'Ishti ... u'Mes, Lo Yitnu l'Achar Misah'. We can infer from the two words 'u'Mes' and 'Tenu' - that the donor is still alive, and that had he not said 'Tenu', we would not hand the Get to his wife.
(c)Rav Zevid proves from here that our Mishnah cannot be referring to a Shechiv-Mera - because if it were, we would hand the Get to his wife even if he did not say 'Tenu', like the opinion of Rebbi Shimon Shezuri (as we shall now see).
4)
(a)Initially, says the Mishnah in Tvul Yom, Chazal decreed that if a Yotzei b'Kolar announced 'Write a Get for my wife'!, whoever heard him would write the Get and hand it to her. What is a 'Yotzei b'Kolar'?
(b)Why would a person make such an announcement?
(c)On what grounds would they actually hand his wife the Get, in spite of the fact that he left no instructions to that effect?
4)
(a)Initially, says the Mishnah in Tvul Yom, Chazal decreed that if a Yotzei b'Kolar - (someone who has been sentenced to death and who is being led to his execution [a 'Kolar' is the iron 'collar' and chain with which they would lead him to the place of execution]) announced 'Write a Get for my wife'!, whoever heard him would write the Get and hand it to her. A 'Yotzei b'Kolar' -.
(b)A person would make such an announcement - to release his wife from the obligation of having to perform Yibum with his brother.
(c)In spite of the fact that he did not actually leave instructions to hand over the Get to his wife, they would nevertheless do so - because it is obvious that that is what he wanted us to do, only in his confusion, he forgot to say it in so many words.
5)
(a)Still in the above Mishnah in Tvul Yom, the Chachamim added someone who travels overseas or who traverses a desert, to the Din of 'ha'Yotzei b'Kolar'. What did Rebbi Shimon Shezuri add to the list?
(b)As we already learned, Rav Zevid proves from this Mishnah that one gives a Get to the wife of a Shechiv-Mera, even if he did not actually say 'Tenu', and he explains our Mishnah accordingly. What objection does Rav Ashi raise to Rav Zevid's proof?
5)
(a)Still in the above Mishnah in Tvul Yom, the Chachamim added someone who is about to travel overseas or to traverse a desert, to the Din of 'ha'Yotzei b'Kolar' - and Rebbi Shimon Shezuri added a Shechiv-Mera.
(b)As we already seen, Rav Zevid proves from this Mishnah that one gives a Get to the wife of a Shechiv Mera, even if he did not actually say 'Tenu', and he explains our Mishnah accordingly. Rav Ashi's objection to Rav Zevid's proof is - that the author of our Mishnah may well be the Chachamim, and not Rebbi Shimon Shezuri.
6)
(a)We have already cited Rav Huna Amar Rav's Din of Ma'amad Sheloshtan. Rava concurs with Rav Zevid, who confines it to a Pikadon, where the money or the object is still there. What does the Sugya comment on Rava's statement?
(b)What does Shmuel quoting Levi say about it?
(c)What is the problem with this ruling?
(d)How does Ameimar attempt to resolve the problem?
6)
(a)We have already cited Rav Huna Amar Rav's Din of Ma'amad Sheloshtan. Rava concurs with Rav Zevid, who confines it to a Pikadon, where the money or the object is still there, on which the Sugya comments - 'I swear that Rav said his Din even with regard to a loan (even though the money has been spent and is not available).
(b)And Shmuel quoting Levi learns that way too.
(c)The problem with this ruling is - how it is possible to acquire something which is not in existence.
(d)In an attempt to resolve the problem, Ameimar explains - that it is as if, at the time of borrowing, the borrower stipulated that he obligates himself to repay the loan to the creditor or to anyone who comes on account of him.
7)
(a)On what grounds does Rav Ashi object to Ameimar's reason? Why should anyone who was not yet born at the time of the loan not be subject to the concession of Ma'amad Sheloshtan?
(b)Why does Rav Ashi's objection apply even according to Rebbi Meir, who holds 'Adam Makneh Davar she'Lo Ba Le'olam'?
7)
(a)Rav Ashi objects to Ameimar's reason however, on the grounds that if that was so - anyone who was not yet born at the time of the loan should not be subject to (being the recipient) the Din of Ma'amad Sheloshtan.
(b)Rav Ashi's objection applies even according to Rebbi Meir, who holds 'Adam Makneh Davar she'Lo Ba Le'olam' - because even he agrees that one cannot be 'Makmneh 'to a Davar she'Lo Ba Le'olam'.