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of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld

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Kesuvos 108


(a) (Gemara - Mishnah): If a vow forbids Reuven from benefiting Shimon - Reuven may give the half-Shekel for Shimon; he may pay Shimon's debt; he may return an object Shimon lost;
1. In a place where one receives money for returning a lost object, this amount is given to Hekdesh.
(b) We understand, he may give his half-Shekel - this is a Mitzvah!
1. (Mishnah): When half-Shekels are taken (from the chamber) for buying sacrifices, they have in mind people whose half-Shekels were lost, collected, or will be collected.
(c) We also understand, he returns his lost object - this is also a Mitzvah.
(d) Question: Why is he allowed to pay his debt - this saves him money!
(e) Answer #1 (R. Oshiya): This Mishnah is as Chanan, who says (that one who feeds his friend's wife) threw away his money (here also, there is no need to repay one who pays his debt).
(f) Answer #2 (Rava): The Mishnah can even be as Chachamim - the case is, the loan was on condition that the lender could not demand payment.
1. We understand, Rava did not answer as R. Oshiya - he prefers to establish the Mishnah even as Chachamim.
2. Question: Why didn't R. Oshiya answer as Rava?
3. Answer #1: Granted, repaying such a loan is not like giving him money - but he does spare him shame.

4. Answer #2: Also in Rava's case, he benefits him - he spares him shame.
(a) (Mishnah): Admon said 7 laws. The 1st is: A man died leaving sons and daughters - if the estate is great, the sons inherit and the daughters are fed; if the estate is small, the daughters are fed and the sons beg for their food;
(b) Admon: Because I am a male, I lose?!
1. R. Gamliel: I agree with Admon.
(c) (Gemara) Question: What is Admon's astonishment?
(d) Answer #1 (Abaye): Because I am a male, and fitting to learn Torah, I lose?!
1. Objection (Rava): One who engages in Torah inherits, one who does not engage in Torah should not inherit?!
(e) Answer #2 (Rava): Rather: Because I am a male, and fit to inherit when there is much property - I lose when there is sparse property?!
(a) (Mishnah): Reuven claims that Shimon owes him barrels of oil; Shimon admits that he owes barrels - Admon says, since he admits to part of the claim, he must swear;
(b) Chachamim say, the admission is not from the species he claimed.
1. R. Gamliel: I agree with Admon.
(c) (Gemara): From Chachamim, we learn that if Reuven claims wheat and barley, and Shimon admits that he owes barley, he need not swear that he does not owe wheat.
(d) Question: This refutes Rav Nachman!
1. (Rav Nachman): If Reuven claims wheat and barley, and Shimon admits to one of them, he must swear.
(e) Answer #1 (Rav Yehudah): No, in our Mishnah he claimed a measure of oil, not barrels.
1. Rejection: If so, why do Chachamim say he must swear?
(f) Answer #2 (Rava): All agree, if Reuven said, I have the volume of 10 barrels of oil in your pit, he only claims oil, not barrels;
1. If he said, I have 10 barrels full of oil by you, he claims oil and barrels;
2. They argue when he said, I have 10 barrels of oil by you.
i. Admon says, this language includes the barrels; Chachamim say, it does not.
(g) Question: If Chachamim would agree that the language includes the barrels, they would admit that he must swear - this refutes R. Chiya Bar Aba!
1. (R. Chiya Bar Aba): If Reuven claims wheat and barley, and Shimon admits to one of them, he need not swear.
(h) Answer #1 (Rav Simi Bar Ashi): Claiming barrels and oil is like claiming a pomegranate and its peel (i.e. they are as 1 species).
1. Rejection (Ravina): A pomegranate cannot last at all without its peel - but oil can last without barrels!
2. Answer #2 (Ravina): The case is, he said, 'I have 10 barrels of oil by you'; Shimon denied having any of his oil, but admitted to having 5 barrels.
i. Admon says, this language (10 barrels of oil) includes the barrels - once Shimon must swear about the barrels, he must also swear about the oil.
ii. Chachamim say, the language does not include the barrels; Shimon totally denied the claim, and need not swear.
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