(a)We quoted earlier Shmuel's ruling that if a creditor who sold a Shtar Chov (a document of debt) subsequently absolved the debtor from paying, the latter is Patur from paying the purchaser. How might an astute purchaser avoid this problem?
(b)There is a Machlokes whether Beis-Din apply 'Dina d'Garmi' or not. What is 'Dina d'Garmi'?
(c)Those who do not hold of Dina d'Garmi say that, in our case, the purchaser may claim the value of the paper. What do they mean by that?
(d)Rav Ashi, it seems, did not initially hold of 'Dina d'Garmi'. Who caused him to change his mind?
1)
(a)We quoted earlier Shmuel's ruling that if a creditor who sold a Shtar Chov (a document of debt) subsequently absolved the debtor from paying, the latter is Patur from paying the purchaser. An astute purchaser might avoid this problem - by paying the debtor to write a Shtar Chov on what he owes him, before it enters the latter's mind to plot with the creditor.
(b)There is a Machlokes whether Beis-Din will claim 'Dina d'Garmi' - the obligation to pay for certain damages that one person causes another.
(c)Those who do not hold of Dina d'Garmi say that, in our case, the purchaser may claim the value of the paper - by which he means that the debtor is not obligated to pay anything, seeing as the purchaser already has the document in his possession.
(d)Rav Ashi, it seems, did not initially hold of 'Dina d'Garmi' - until Rafram overwhelmed him with proofs that one is Chayav to fully reimburse the losses that he caused.
2)
(a)What did Ameimar in the name of Rav Chama say about someone who died, leaving land and money, and a wife's Kesubah and a debt that needed to be settled?
(b)If he only left a single field that did not suffice to pay both, it is the creditor who gets precedence. Why is that?
(c)In which case will the woman nevertheless come first?
(d)Then in which case is Rav Chama speaking?
2)
(a)Ameimar said in the name of Rav Chama that, if someone died, leaving land and money, and a wife's Kesubah and a debt that needed to be settled - one pays the creditor with money, and his wife with land.
(b)If he only left one field, which did not suffice to pay both, it is the creditor who gets precedence - so as not to close the door to all potential borrowers (which does not apply so much to a woman, who wants to get married more than a man does).
(c)The woman will nevertheless come first - if her document preceded the creditor's ...
(d)... whilst Rav Chama is speaking when both documents are dated on the same day).
3)
(a)What did Rav Chama reply when Rav Papa asked him whether he had issued a ruling in the name of Rava, that we force the debtor to sell his land in order to pay the creditor money?
(b)Why would such a ruling have been wrong?
(c)Then why did Rava rule like that with regard to a case that he had to deal with?
3)
(a)When Rav Papa asked Rav Chama whether he had issued a ruling in the name of Rava, that we force the debtor to sell his land in order to pay the creditor money - he replied in the negative.
(b)Such a ruling would have been wrong - because, as we just saw, a creditor relies on land, and that is what he expects to receive. Consequently, under normal circumstances, there would be no reason for the debtor to sell land so as to pay the creditor money.
(c)Rava nevertheless ruled like that with regard to a case that he had to deal with - because the debtor there tried to cheat by pretending that his money belonged to a Nochri. So they penalized him by forcing him to sell his land and pay the creditor money ('Hu Asah she'Lo Kehogen, Lefichach Asu Bo she'Lo Kehogen').
4)
(a)Rav Papa maintains that the repayment of a loan is a Mitzvah. Which Mitzvah?
(b)Rav Kahana asked Rav Papa what would happen if the debtor refused to perform it. What did Rav Papa reply?
4)
(a)Rav Papa maintains that the repayment of a loan is the Mitzvah of - "Hin Tzedek" (in Kedoshim), which refers to keeping one's word.
(b)Rav Kahana asked Rav Papa what would happen if the debtor refused to perform it. He replied - that for contravening a Lav, one receives thirty-nine Malkus (as a punishment), but for refusing to perform an Aseh, Beis-Din beat him (as an inducement) until he agrees to comply.
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5)
(a)According to the first Lashon, what did Rav Chisda rule regarding a man who gives his wife a Get that is to take effect in thirty days time, assuming that the Get is then lying at the side of the street?
(b)From which statement of Rav and Shmuel did he learn this? What must he have assumed to issue such a ruling?
(c)How do we try do counter our original proof from Rav and Shmuel from Rav Nachman Amar bar Avuhah, who says that someone who makes a Meshichah on a cow to acquire it in thirty days time, will acquire it even if it standing in a meadow at that time?
(d)How do we refute this counter-proof?
5)
(a)According to the first Lashon Rav Chisda ruled that, if a man gives his wife a Get to take effect in thirty days time, and the Get is then lying at the side of the street - she is not divorced (because the side of a street cannot acquire for a person, unless he actually picks up the object there).
(b)He learned this from Rav and Shmuel - who ruled (earlier) that whoever acquires detached fruit from a Reshus ha'Rabim acquires it. And he must have assumed that the side of the street has the same Din as the Reshus ha'Rabim itself.
(c)We try do counter our original proof from Rav and Shmuel, with Rav Nachman, who says that someone who makes a Meshichah on a cow to acquire it in thirty days time acquires it, even if it standing in a meadow at that time - and we assume that the side of the street is equivalent to a meadow.
(d)We refute this counter-proof - by differentiating between a meadow (which does acquire for the owner) and the side of the street (which does not).
6)
(a)In the second Lashon, Rav Chisda begins by proving from Rav Nachman that the sides of the Reshus ha'Rabim are similar to a meadow. How do we then refute the counter-proof from Rav and Shmuel, who hold that the street does not acquire for a person?
6)
(a)In the second Lashon, Rav Chisda begins by proving from Rav Nachman that the sides of the Reshus ha'Rabim are similar to a meadow. We then refute the counter-proof from Rav and Shmuel, who hold that the street does not acquire for a person - by differentiating between the street itself (which does not acquire for a person) and the sides of the street (which do).
7)
(a)What does our Mishnah say about a man who places his wife in charge of his shop or appoints her to be an administrator?
(b)Rebbi Eliezer adds that he may even make her swear on her knitting and on her dough. On the assumption that he is referring to a Gilgul Shevu'ah, what does he mean?
(c)On what basis will the Rabanan then disagree with Rebbi Eliezer?
(d)What is the alternative interpretation of Rebbi Eliezer's statement?
(e)What will they then hold with regard to Gilgul Shevu'ah in this case?
7)
(a)The Tana of our Mishnah says that a man who places his wife in charge of his shop or appoints her to be an administrator - has the right to make her swear whenever he pleases.
(b)Rebbi Eliezer adds that he may even make her swear on her knitting and on her dough. On the assumption that he is referring to a Gilgul Shevu'ah - he means that whenever he demands an oath from her regarding her administrating or store-keeping, he can make her add that she has not kept any of her knitting or baking either (though he cannot make her swear on these independently).
(c)The Rabanan will hold however - that Gilgul Shevu'ah only applies when the basic Shevu'ah is d'Oraisa, but not in this instance, where it is only mid'Rabanan.
(d)Alternatively - Rebbi Eliezer authorizes the husband to demand even an independent oath on her knitting and baking (whereas the Rabanan consider that too petty to accede to such demands.
(e)They both agree though, that he does have the right to demand a Gilgul Shevu'ah).
8)
(a)How do we attempt to establish Rebbi Eliezer's statement from the Rabanan's retort 'Ein Adam Dar Im Nachash bi'Kefifah Achas'?
(b)How do we reject this proof? How do we reconcile their statement even if Rebbi Eliezer is referring to Gilgul Shevu'ah?
(c)We finally determine Pshat in Rebbi Eliezer from a Beraisa. How does the Tana there cite their Machlokes?
8)
(a)We attempt to establish Rebbi Eliezer's statement from the Rabanan's retort 'Ein Adam Dar im Nachash bi'Kefifah Achas' - which makes good sense if Rebbi Eliezer obligates her to swear an independent Shevu'ah, even for such trivial demands, but not if he is talking about a Gilgul Shevu'ah, seeing as she has to swear anyway.
(b)We reject this proof however, on the grounds that - even if Rebbi Eliezer is referring to Gilgul Shevu'ah, she can claim that she cannot live with a man who takes her so much to task, and who neither trusts her nor loves her.
(c)We finally resolve the She'eilah from a Beraisa - which specifically cites their Machlokes with regard to making her swear independently on her knitting and baking.
9)
(a)What does our Mishnah say about a husband who writes for his wife 'Neder u'Shevu'ah Ein Li Alayich'?
(b)He may however, demand a Shevu'ah from her heirs or from those who come on her account (unless he specifically includes them in the exemption). Which Shevu'ah does he demand from her heirs (in the event that he divorced her before she died, and they come to collect her Kesubah)?
(c)What does the Tana mean by 'those who come on account of her'?
(d)Under what condition will even his heirs not be permitted to demand a Shevu'ah from her, from her heirs or from those who come on account of her?
9)
(a)Our Mishnah says that a husband who writes for his wife 'Ein Li Neder u'Shevu'ah' - may no longer force her to swear.
(b)He may however, demand a Shevu'ah from her heirs or from those who come on her account (unless he specifically includes them in the exemption). The Shevu'ah that he demands from her heirs (in the event that he divorced her before she died, and they come to collect her Kesubah) is - that their mother did not inform them at any time before her death, nor did they discover any documented evidence to the effect that the Kesubah had already been paid.
(c)By 'those who come on her account' - the Tana means someone who purchased her Kesubah.
(d)Even his heirs will not be permitted to demand a Shevu'ah from her, from her heirs or from those who come on her account - if he specifically inserts into the exemption 'Ein Li v'Lo l'Yorshai, v'Lo l'Ba'im bi'Reshusi ... '.
10)
(a)The Tana concludes that, if she went directly from burying her husband to her father's house or to her home without undertaking to become his heirs' administrator, they cannot make her swear. In which case is the Tana speaking?
(b)What will be the Din if she did undertake to administrate their affairs? On what do they have the right to make her swear and on what do they not?
10)
(a)The Tana continues that, if she went directly from burying her husband to her father's house or to her home without undertaking to become his heirs' administrator, they cannot make her swear. The Tana is speaking about the same case as he discussed earlier - when her husband had previously exempted her from a Shevu'ah.
(b)If she did undertake to administrate their affairs - they are entitled to make her swear on anything to do with her administration from then on, but not to what concerns the past.
