1)

(a)Based on the Pasuk in Re'ei "Shamot Kol Ba'al Masheh Yado", the termination of Sh'mitah negates both ...

1. ... documented loans (even though the property of the borrower is Meshubad [mortgaged] to the creditor [see Tos. Yom-Tov]) and ...

2. ... oral ones.

(b)The Tana Kama extends this ruling to ...

1. ... credit in a store and to ...

2. ... the payment due to a hired laborer - from the moment the store-keeper or the hirer works out how much is owing and transfers what is owing into a loan.

(c)With reference to the former ruling, R. Yehudah says 'ha'Rishon Rishon Meshamet', by which he means that - when the buyer makes the second purchase, the first one purchase becomes a loan and is negated with the termination of Sh'mitah, and the same applies to the second purchase, when he makes a third one.

(d)R. Yossi presents a different criterion with regard to the latter ruling. According to him - any work that is forbidden in the Sh'mitah automatically becomes a loan when Sh'mitah arrives, and is cancelled when Sh'mitah terminates; otherwise not.

(e)The Halachah in each of the two cases is - like the Tana Kama.

2)

(a)We learn from the word "Mikeitz" (in the Pasuk in Re'ei "Mikeitz Sheva Shanim Ta'aseh Sh'mitah") - that Sh'mitah only negates the loan at the end of Sh'mitah (and not at the beginning).

(b)The Mishnah now discusses someone who Shechts a cow on behalf of his customers, which he distributes on the first day of Rosh Hashanah of the eighth year. The customers become exempt from paying after Rosh Hashanah - if Ellul turns out to be a full month, in which case the first day of Rosh Hashanah is the last day in Ellul, and the debt is duly cancelled.

3)

(a)The Mishnah rules that if a man who raped or seduced a girl, or one who spoke Motzi-Shem-Ra against a girl whom he just married - he remains obligated to pay after the termination of the Sh'mitah-year, and the same applies ...

(b)... to all obligations imposed by the Beis-Din ...

(c)... because whenever Beis-Din obligate someone to pay money it is as if the money has already been claimed (by them [and it is claiming the money that the Torah forbids]).

4)

(a)A loan that one takes out against a security - is not subject to the cancellation of debts (see Tiferes Yisrael).

(b)The Mishnah learns this from the Pasuk (in Re'ei) "va'Asher Yih'yeh l'cha es Achicha Tashmet Yadecha" - to preclude the above case, where the creditor already has something of the debtor in his hand (see Tos. Yom-Tov).

(c)This ruling also extends to a case - where the creditor handed his documents to the Beis-Din ...

(d)... because then it is considered as if the Beis-Din are the creditors (and whatever Beis-Din claim is in turn, considered as if the loan is already claimed, as we just explained).

5)

(a)The Mishnah now discusses 'P'ruzbul' - (a document authorizing the creditor to claim his debts after the Sh'mitah) instituted by Hillel.

(b)It is called by that name - since it is the acronym of 'P'ruz' (Takanah [see Tos. Yom-Tov]) 'Bul' (the rich), as it is a Takanah on behalf of the rich a. That they should not lose their money, and b. That they should not transgress the Pasuk warning them not to refuse to lend money for fear of losing it (Ibid.).

(c)It is also a Takanah for the poor - who would otherwise not be able to obtain loans (It is not however, clear why the Sh'tar is then called 'P'ruzbul' and not P'ruzbut' (since 'Buti' means the poor (Ibid.)

(d)All this is based on the Pasuk (in Re'ei) - 'Hishamer l'cha Pen Yih'yeh Davar im Levavcha Beliya'al (a lawless thought) ... ".

6)

(a)Based on the Pasuk "ve'Zeh D'var ha'Sh'mitah Shamot", Hashmatas Kesafim (the cancelation of debts) ought not to apply nowadays - because the double -Lashon implies two Sh'mitos, thereby comparing Hashmatas Kesafim to Hashmatas Karka (leaving the land fallow). Consequently, since the latter does not apply nowadays, neither should the former.

(b)Nevertheless it does - mi'de'Rabbanan.

(c)That explains the Takanah of P'ruzbul - because, if Hashmatas Kesafim was d'Oraysa, Hillel would not have made a Takanah to negate a Torah law.

7)

(a)The wording of a P'ruzbul is - 'I am handing over to you (see Mishnah Rishonah), Rabbis so-and-so and so-and-so (see Tos. Yom-Tov), Dayanim in town so-and-so, that I will have a mandate to claim any outstanding debt (see Tos. Yom-Tov) whenever I wish'.

(b)Either the Dayanim or two witnesses undersign it.

(c)We learn from the fact that the Dayanim are permitted to sign a P'ruzbul that - (since P'ruzbul is mi'de'Rabbanan) witnesses can become Dayanim.

8)

(a)A `P'ruzbul ...

1. ... ha'Mukdam' is - one that is predated.

2. ... ha'Me'uchar' - is one that is post-dated.

(b)The Tana declares a P'ruzbul ...

1. ... Mukdam, Kasher - because it weakens the power of the creditor (seeing as a P'ruzbul only covers loans that precede it).

2. ... Me'uchar, Pasul - because it extends the creditor's power to loans that are not legally covered by it (see Tos. Yom-Tov).

(c)On the other hand, a regular Sh'tar ...

1. ... Mukdam is Pasul - because it authorizes the creditor to claim from purchasers who bought land before the date of the loan (which he has no right to do; so Chazal penalized him).

2. ... Me'uchar is Kasher - because it prevents the creditor from claiming from purchasers who bought between the time of the loan and the date on the document (which is a loss to creditor).

9)

(a)The Chachamim prohibit using a regular Sh'tar Mukdam to claim even fields that the purchasers bought from the debtor after the loan took place - in case he comes to claim fields that they bought beforehand.

(b)One is nevertheless permitted to claim from b'nei Chorin (property that is still in the domain of the borrower). The Sh'tar is not Pasul (because the witnesses who signed on it are Resha'im) - since they can claim that they signed on the basic contents of the Sh'tar, and not on the date (see Tos. Yom-Tov).

(c)The Mishnah rules that if one person ...

1. ... borrows from five creditors - each creditor requires a P'ruzbul.

2. ... lends five borrowers - he requires only one P'ruzbul ...

(d)... since it is the creditor who needs a P'ruzbul, and not the borrower.

10)

(a)The Tana - forbids writing a P'ruzbul if the borrower owns only Metalt'lin.

(b)The creditor must then - give him a piece of Karka ...

(c)... because then the loan is considered as if it is already in the hands of Beis-Din (see Tos. Yom-Tov).

(d)Even a Kolshehu of Karka will suffice for this purpose ...

(e)... even if the loan is worth a hundred Manah (because it is theoretically possible to claim his loan from that Kolshehu over and over again, by returning it to the borrower after acquiring it, until the entire loan is repaid [see Tos. Yom-Tov]).

11)

(a)If the borrower has Karka that is ...

1. ... rented out to somebody else, or that ...

2. ... he has rented but that is not actually his - it will suffice for the purpose of P'ruzbul

(b)R. Chutzpis - permits writing a P'ruzbul in the case of a borrower ...

1. ... who has a field of Nechsei Milug belonging to his wife, or of ...

2. ... an orphan, who owns no Karka, but whose Apotropus (guardian), who is borrowing on his behalf, does.

12)

(a)The Mishnah now discusses a beehive (see Tos. Yom-Tov), which everyone agrees ...

1. ... is considered Karka - if it attached to the ground with cement, but not ...

2. ... if it is standing on legs ...

(b)... and R. Eliezer and the Chachamim argue over - a beehive that is standing on the ground without being cemented to it.

13)

(a)Besides with regard to the Din of P'ruzbul (see Tos. Yom-Tov), they argue with regard to three other issues as well. When R. Eliezer says that a beehive is like Karka, he means - that one acquires it like Karka (with money, a Sh'tar or Chazakah [an act that demonstrates ownership] see also Tos. Yom-Tov)

(b)He also rules that ...

1. ... it is ineligible to become Tamei, and that ...

2. ... someone who collects honey from it on Shabbos - is Chayav to bring a Chatas (because of Tolesh [detaching]).

(c)He learns this latter ruling from the Pasuk in Shmuel "Vayitbol osah be'Ya'aras ha'Devash" - which compares honey in a beehive to trees in a forest.

14)

(a)According to the Chachamim, a beehive is not eligible as a P'ruzbul. They also say that ...

1. ... one acquires it like Metalt'lin (with Meshichah or Hagbahah), that ...

2. ... it is subject to Tum'ah, and that ...

3. ... someone who collects honey from it on Shabbos - is Patur (see Tos. Yom-Tov).

(b)The Halachah is - like the Chachamim.

15)

(a)If the borrower comes to pay back the loan after it has already been cancelled, the Tana requires the creditor to declare - that he is Meshamet (cancels) the loan.

(b)And when he uses the word 'ba'Shevi'is' in this regard, he means - after Sh'mitah has canceled the debt (see also Tos. Yom-Tov).

16)

(a)However if the borrower insists on paying (see Tos. Yom-Tov) - the creditor is permitted to accept it.

(b)Hinting that he would like his money back - is permitted, even to hold out his hand to that effect.

(c)We learn these rulings from the Pasuk in Re'ei "ve'Zeh D'var ha'Shemitah" - which teaches us that the creditor is obligated to verbalize his initial refusal (but no more).

17)

(a)Similarly, the Mishnah learns from the Pasuk in Shoftim "ve'Zeh D'var ha'Rotze'ach" that - when a murderer (be'Shogeg) arrives in a city of refuge and is offered a position of importance, he is obligated to verbally decline the offer.

(b)We know that the Rotze'ach does not need to repeat his statement - because the words "ve'Zeh D'var ... " implies only once (see Tos. Yom-Tov).

18)

(a)The Chachamim - are pleased with a borrower who returns a loan after the Sh'mitah.

(b)One is Patur from returning a loan to the son of a Ger whose children converted with him and he dies (see Tos. Yom-Tov).

(c)The source of this ruling is the Pasuk in Devarim " ... ki Yerushah le'Eisav Nasati es Har Se'ir", which teaches us - that a Nochri inherits his father min ha'Torah.

(d)the connection between this Din and the previous one is that - here too, thhachamim are pleased if one returns the loan to the Ger's heirs ...

19)

(a)However in a case where the sons were conceived before the father converted but were born afterwards - the Chachamim are not particularly pleased with the one who returns their father's loan to them (see Tos. Yom-Tov) ...

(b)... since they would not have inherited their father anyway.

20)

(a)According to the Mishnah, one acquires Metalt'lin - with Meshichah (moving the article out of the immediate area on which it is standing) ...

(b)... even if one paid for the article with cash.

(c)The Tana says that, if someone declines to retract (even though he would like to), in spite of not having made a Kinyan Meshichah (in order to stick to his word) - the Chachamim are pleased with him (see Tos. Yom-Tov).

(d)We learn from the Pasuk in Kedoshim "Eifas Tzedek ve'Hin Tzedek Yih'yeh Lach" - that one's yes should be a yes, and one's no, a no (i.e. one should not go back on one's word [see Tos. Yom-Tov]).