ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Gitin 37
GITIN 37 (Adar 21) - This Daf has been dedicated anonymously l'Zecher
Nishmas the holy "No'am Elimelech," ha'Rav Elimelech [b'rebbi Eliezer] of
Lizhensk, on the day of his Yahrzeit. May the Rebbe be a Meilitz Yosher for
Klal Yisrael during these troubled times and plead to Hashem that He may
answer all of our Tefilos.
(a) Rav Yehudah Amar Shmuel rules that Yesomim do not need to write a
'P'ruzbul'. This is supported by a Beraisa cite by Rami bar Chama - which
gives the reason because Raban Gamliel and Beis-Din are the father of the
poor (and it is as if their Sh'taros are already handed over to his
Beis-Din, and so it is with every Beis-Din in subsequent generations).
(b) A P'ruzbul can only be written if the debtor has Karka - because Hillel
gave the Sh'tar of P'ruzbul the same specifications as other documents, and
other documents automatically mortgage all Karka belonging to the debtor,
but not Metaltelin.
(c) In the event that the debtor does not own any Karka - the creditor can
still write a P'ruzbul, by inserting in the Sh'tar, a small piece of land
for the debtor.
(d) There is no minimum Shiur Karka that the debtor must own for the
P'ruzbul to be valid. Even a 'Kol she'Hu' in which one can plant a cabbage
stalk is sufficient. This is because it is possible to claim and re-claim it
until one's entire debt is paid (like the case of 'Ketina de'Ar'a' of Abaye
in Kesuvos that we cited earlier in the Perek).
(a) Renting or lending the debtor a place to put his oven will suffice to
write a P'ruzbul.
(b) The Beraisa, quoted by Hillel ha'Katan, says - that lending the debtor a
flower-pot will enable the creditor to write a P'ruzbul, provided it is
(c) The flower-pot requires a hole, despite the fact that normally, the fact
that the location of the pot is lent to him will suffice - because the Tana
is speaking about a pot that is suspended above the ground (in which case
neither is the ground automatically lent to him, nor is the pot considered
attatched to the ground - unless it is holed).
(d) Rav Ashi was Makneh to the debtor the stump of a date-palm on which he
wrote a P'ruzbul. When the Rabbanan of Bei Rav Ashi borrowed money from each
other and the Sh'mitah arrived - they would appoint three of their friends
as a Beis-Din, and 'hand them' their Sh'taros verbally.
(a) If only the guarantor or only the borrower possesses Karka, one may
write a P'ruzbul.
(b) It is possible to write a P'ruzbul even if neither of them actually
possess Karka - if someone who owes the debtor money does.
(c) This is because of Rebbi Nasan, who Darshened from the Pasuk in Naso
"ve'Nasan la'Asher Asham Lo", that if Shimon owes Reuven money, he can claim
it directly from Levi, who owes Shimon (known as 'Shibuda de'Rebbi Nasan').
It therefore transpires that Levi's lands are Meshubad to Reuven on account
of Shimon's debt, permitting the latter to write a P'ruzbul to claim from
(a) The Mishnah in Shevi'is states that Sh'mitah cancels debts whether they
are documented or not. Rav and Shmuel both interpret 'non-documented' to
mean that they do not contain Acharayus Nechasim - meaning that the
documents preclude the right to claim from the debtor's lands.
(b) A 'documented debt' therefore means that they do. And if Shevi'is
cancels these - it will certainly cancel an oral loan.
(c) Rebbi Yochanan and Resh Lakish disagree. According to them - 'documented
Sh'taros' refers to Sh'taros without Acharayus Nechasim, and 'non-documented
Sh'taros', to oral loans. But Shevi'is will certainly not cancel debts, when
the creditor has a Sh'tar with Acharayus Nechasim.
(d) Rebbi Yochanan and Resh Lakish have the support of a Beraisa.
(a) Another Beraisa states that if the debtor merely designated a specific
field for the creditor to claim, the debt is not canceled, to which the Tana
adds - the case of someone who designated all his fields to the creditor.
(b) A relative of Rebbi Asi wrote a Sh'tar with Acharayus Nechasim. Rebbi
Asi informed him that Shevi'is does not cancel such a debt - on the basis of
what his Rebbe, Rebbi Yochanan, had taught him.
(c) Imagine his surprise when Rebbi Yochanan, to whom the creditor turned
for 'a second opinion' ruled that it does, ascribing ...
1. ... this change of heart to the fact - that it is not because a Rav,
based on his own logic, issues a certain ruling, that he cannot retract from
(d) Beis Shamai say - 'Sh'tar ha'Omed Ligvos ke'Gavuy Dami' (when a creditor
holds a valid Sh'tar that is ready to claim with, the debt is considered to
have already been claimed), in which case, he does not transgress "Lo Yigos"
(the basis for the prohibition of claiming a debt after the Sh'mitah).
2. ... the Beraisa which supports his initial ruling - to the fact that the
author is Beis Shamai.
(a) The Mishnah in Shevi'is states that Sh'mitah does not cancel the debt of
someone who hands his Sh'taros to Beis-Din or who lends money against a
security. The reason for the former is as we explained by P'ruzbul. Rava's
initial reason for the latter is - because he is already holding his debt
(in the form of the security).
(b) Abaye asked Rava why Shevi'is will not then cancel the debt of a
creditor who went to live in the debtor's Chatzer, seeing as he too, is
holding on to his debt, to which Rava (slightly amending his original
answer) replied - that a security is different, because, as Rebbi Yitzchak
Darshened from the Pasuk in Ki Seitzei "u'Lecha Tihyeh Tzedakah", the
creditor acquires a security (eliminating the possibility of transgressing
the La'av of "Lo Yigos").
(c) The criterion for acquiring a security is - the fact that he is
obligated to replace it in the event that it gets lost.
(a) When the Mishnah in Shevi'is speaks about 'ha'Machzir Chov la'Chaveiro
bi'Shevi'is' - the Tana refers to the time when the Sh'mitah is practiced,
not during the actual Sh'mitah year, because debts are only canceled at the
end of the year, and not at the beginning.
(b) The Tana learn from the Pasuk "ve'Zeh *D'var* ha'Sh'mitah" - that, when
the debtor comes to pay his debt after the debt is cancelled, the creditor
is obligated to say 'Meshamet Ani'.
(c) Should the debtor insist on paying, and says 'Af-al-pi-kein' - the
creditor is permitted to accept the money.
(d) Rabah even permits the creditor - to take a debtor who wants to walk
away without paying, and suspend him on a tree, until he says
(a) We reconcile Rabah with the Beraisa which obligates the debtor to return
the debt using a Lashon of Matanah, and not of payment of a debt - by
establishing Rabah's Din too, when the suspended debtor finally offered to
pay in the form of a gift.
(b) When Aba bar Marsa returned money that he owed Rabah at the termination
of the Sh'mitah, and Rabah responded with 'Meshamet Ani' - Aba Marsa walked
away without saying 'Af-al-pi-kein'.
(c) Abaye, who found Rabah (who was a poor man - see Ya'avatz) despondent at
Aba bar Marsa's omission - advised the latter to pay it then (since he felt
that Rabah would accept it). And that is precisely what he did.
(d) Rabah commented - that Aba bar Marsa slipped up by not saying it the
(a) Rav Yehudah Amar Rav Nachman (or just Rav Nachman) believes a creditor
who says that he had a P'ruzbul but lost it - based on the logic that a
person will not be'Isur what he can do be'Heter (at no extra cost).
(b) Rav used to ask creditors who claimed their debts after the termination
of Sh'mitah without producing a P'ruzbul - whether they had not had a Sh'tar
and lost it (because in such obvious cases, we adopt the policy "P'sach
Picha le'Ileim", to help the claimant to stake his claim effectively).
(c) The Mishnah in Kesuvos says that a creditor who claims his debt after
the Sh'mitah without a P'ruzbul - loses his claim.
(d) Rav Nachman and Rav reconcile their opinion with the Mishnah in
Kesuvos - by citing a Beraisa which presents this as a Machlokes Tana'im
(and in fact, their opinion conforms with that of the Chachamim).
(a) Our Mishnah says that if someone who redeems a captured slave ...
1. ... as a slave - the latter remains a slave.
(b) Assuming that the owner had ...
2. ... as a free man - he goes free.
1. ... been Meya'esh (despaired of receiving him back) - why would he
continue to serve as a slave in the Reisha?
(c) Abaye establishes the Mishnah when the owner had not been Meya'esh.
Nevertheless, if he redeemed him ...
2. ... not been Meya'esh - why would he go free in the Seifa?
1. ... as a free man, he does not return to his master - because we do not
want to discourage people from redeeming a captured slave (from his Nochri
captors), and there is no Mitzvah to redeem a slave.
(d) The reason of Raban Shimon ben Gamliel, who says that, either way, the
slave returns to his master - is because, in his opinion, it is a Mitzvah to
redeem slaves like it is to redeem Jews who are free.
2. ... as a slave, he does not become the slave of the man who redeemed
him - because, before Yi'ush, he would not acquire him, and taking him for
himself would constitute theft.
(a) Rava establishes our Mishnah after Yi'ush. He explains ...
1. ... 'Im le'Shum Eved, Yishta'bed' - to mean that he works for the man who
(b) According to Rava, we establish Raban Shimon ben Gamliel ('Bein-Kach
u'Vein-Kach Yishta'bed') like Chizkiyah - who explains that he returns to
his original master, in order to discourage errant slaves from thrusting
themselves onto marauding bands (to free themselves from their masters).
2. ... 'le'Shum ben Chorin, Lo Yishta'bed' - to mean that he does not work
for his original master because he was Meya'esh; and not for the second one
because he redeemed him in order to set him free.
(c) Despite the fact that, as Rava explains, Raban Shimon ben Gamliel's
reason is that of Chizkiyah, the Tana of the Beraisa nevertheless gives the
reason that we cited earlier ('it is a Mitzvah to redeem slaves like it is
to redeem Jews who are free') - because Raban Shimon ben Gamliel was
uncertain of the Tana Kama's approach. Consequently, either way, he
countered his statement: If he was speaking before Yi'ush, then 'It is a
Mitzvah to redeem slaves ... ', whereas if he is speaking after Yi'ush, then
the reason was like Chizkiyah explained.
(d) According to Rava, in whose opinion the Tana is speaking after Yi'ush,
and the slave works for the man who redeemed him, the latter acquire him -
from his captors as we shall now see.
(a) A Nochri captor acquires a slave from a Jew - with Yi'ush.
(b) A Nochri captor acquires a slave from a Jew - with regard to the work of
(c) This applies even assuming that the slave was circumcised and Toveled by
his Jewish master.
(d) He would acquire the slave completely - by Toveling him.