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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.
What reason does the Tana give for this?

(b) Why can a P'ruzbul only be written if the debtor has Karka?

(c) How will the creditor obtain his loan in the event that the debtor does not own any Karka?

(d) What is the minimum Shiur Karka that the debtor must own for the P'ruzbul to be valid? Why will such a small Shiur, worth so much less than the loan, suffice?

(a) Will renting or lending the debtor a place to put his oven suffice to write a P'ruzbul?

(b) What does the Beraisa, quoted by Hillel ha'Katan, say about the creditor lending the debtor a flower-pot in this regard?

(c) Why does the flower-pot require a hole? Why will the fact that the location of the pot is lent to him not suffice?

(d) Rav Ashi was Makneh to the debtor the stump of a date-palm on which he wrote a P'ruzbul.
What did the Rabbanan of Bei Rav Ashi do when they borrowed money from each other and the Sh'mitah arrived?

(a) Does one write a P'ruzbul if only the guarantor or only the borrower possesses Karka?

(b) How is it possible to write a P'ruzbul even if neither of them actually possess Karka?

(c) What is the reason for this?

(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.
What does this mean?

(b) A 'documented debt' therefore means that they do.
What will be the Din regarding an oral loan?

(c) Rebbi Yochanan and Resh Lakish disagree.
What do they say? What is the basis of their opinion?

(d) Whose opinion has 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.
What does the Tana add to this?

(b) A relative of Rebbi Asi wrote a Sh'tar with Acharayus Nechasim.
On what basis did Rebbi Asi tell him that Shevi'is does not cancel such debts?

(c) Imagine his surprise when Rebbi Yochanan, to whom the creditor turned for 'a second opinion' ruled that it does.
How did Rebbi Yochanan explain ...

  1. ... this change of heart?
  2. ... the Beraisa which supports his initial ruling?
(d) What do Beis Shamai say in this regard?
(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.
What reason did Rava initially give for the latter?

(b) Abaye asked Rava why Shevi'is will not then cancel the debt of a creditor who lives in the debtor's Chatzer, seeing as he too, is holding on to his debt.
What did Rava reply? What makes a security different?

(c) What is the criterion for acquiring a security?

Answers to questions



(a) What does the Mishnah in Shevi'is mean when it speaks about 'ha'Machzir Chov la'Chaveiro ba'Shevi'is'? Why can this not be understood literally?

(b) What does the Tana learn from the Pasuk in Re'ei "ve'Zeh *D'var* ha'Sh'mitah"?

(c) Is the creditor permitted to accept the money, should the debtor insist on paying ('Af-al-pi-kein')?

(d) What does Rabah even permit the creditor to do?

(a) How do we reconcile Rabah with the Beraisa which permits the debtor to return the debt only on condition that he uses a Lashon of Matanah, and not of payment of a debt?

(b) What did Aba bar Marsa do when, upon returning money that he owed Rabah at the termination of the Sh'mitah, Rabah responded with 'Meshamet Ani'!

(c) What did Abaye, who found Rabah (who was a poor man - see Ya'avetz) despondent at Aba bar Marsa's omission, advise the latter to do? Did he act on that advice?

(d) What did Rabah subsequently comment?

(a) On what basis does Rav Yehudah Amar Rav Nachman (or just Rav Nachman) believe a creditor who says that he had a P'ruzbul but lost it?

(b) What did Rav used to ask creditors who claimed their debts after the termination of Sh'mitah without producing a P'ruzbul? What does this have to do with the Pasuk in Mishlei "P'sach Picha le'Ileim"?

(c) What does the Mishnah in Kesuvos say about a creditor who claims his debt after the Sh'mitah without a P'ruzbul?

(d) How do Rav Nachman and Rav reconcile their opinion with the Mishnah in Kesuvos?

(a) What does our Mishnah say about someone who redeems a captured slave ...
  1. ... as a slave?
  2. ... as a free man?
(b) What problem do we have assuming that the owner had ...
  1. ... been Meya'esh (despaired of receiving his slave back)?
  2. ... not been Meya'esh?
(c) Abaye establishes the Mishnah when the owner had not been Meya'esh. Why then, if he redeemed him ...
  1. ... as a free man, does he not return to his master?
  2. ... as a slave, does the slave not become the slave of the man who redeemed him?
(d) What is then the reason of Raban Shimon ben Gamliel, who says that, either way, the slave returns to his master?
(a) Rava establishes our Mishnah after Yi'ush.
How does he then explain ...
  1. ... 'Im le'Shum Eved, Yishta'bed'? Whose slave does he become?
  2. ... 'le'Shum ben Chorin, Lo Yishta'bed'? Why does he work neither for the first master nor for the second?
(b) According to Rava, we establish Raban Shimon ben Gamliel ('Bein-Kach u'Vein-Kach Yishta'bed') like Chizkiyah.
What did Chizkiyah say? Whose slave is he?

(c) If, as Rava explains, Raban Shimon ben Gamliel's reason is that of Chizkiyah, why did the Tana of the Beraisa give the reason that we cited earlier ('it is a Mitzvah to redeem slaves like it is to redeem Jews who are free')?

(d) According to Rava, in whose opinion the Tana is speaking after Yi'ush, and the slave works for the man who redeemed him, from whom did the latter acquire him?

(a) How does a Nochri captor acquire a slave from a Jew?

(b) In what respect does a Nochri captor acquire a slave from a Jew?

(c) Does this apply even assuming that the slave was circumcised and Toveled by his Jewish master?

(d) How would he acquire the slave completely?

Answers to questions

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