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Bava Metzia 115
BAVA METZIA 112-115 - these Dafim have been dedicated anonymously l'Iluy
Nishmas Tzirel Nechamah bas Tuvya Yehudah.
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1) [line 1] SHE'LO SEHEI SHEVI'IS MESHAMTASO - so that the Shevi'is year
should not cancel the debt (HASHMATAS KESAFIM)
(a) The Torah requires that all loans shall be canceled every seventh year,
as it states in Devarim 15:2, "Shamot Kol Ba'al Masheh Yado" - "Every
creditor who lends anything to his neighbor shall release it." To demand
payment of a loan after the Shemitah year is a violation of the prohibition
of "Lo Yigos Es Re'ehu v'Es Achiv" - "he shall not exact it of his neighbor
or of his brother" (ibid.). Most Rishonim rule that the Shemitah year
cancels loans at the *end* of the year, on the last day of the month of Elul
(RAMBAM Hilchos Shemitah v'Yovel 9:1-4).
(b) Hashmatas Kesafim applies mid'Oraisa only when the Yovel year is in
practice. Mid'Rabanan it applies today, whether inside or outside of Eretz
Yisrael.
(c) Shemitah does not cancel debts if they can be considered to have been
already collected. As such, if a loan is placed in the hands of Beis Din
(see Background to Bava Kama 36:16:c-d) or if collateral is taken for the
loan, it is not cancelled. The latter only applies to collateral of
Metaltelin (moveable goods) that are already considered to belong to the
creditor. In an Asra d'Mesalkei, the creditor does not acquire a Mashkon of
real estate, since it stands to be returned. As such, Shemitah does cancel
the debt, in spite of the Mashkon.
2) [line 10] AREV - a guarantor of a loan
(a) An Arev is a guarantor for a loan who accepts upon himself to pay back
the loan instead of the borrower, under certain circumstances.
(b) There are different levels of guarantors. A normal guarantor only has to
pay back the loan if the borrower cannot pay. In the case of an Arev Kablan,
the lender may approach the Arev Kablan to pay even if the lender has not
yet asked the borrower to pay. The Halachah of our Gemara applies only to a
normal Arev; in the case of an Arev Kablan, the lender is *not* allowed to
enter his house to take a security for the loan (SHULCHAN ARUCH CM 97:14).
3) [line 10] "LEKACH BIGDO KI ARAV ZAR, UV'AD NOCHRIYAH CHAVLEHU." - "Take
his garment for he has co-signed for a stranger, or he has offered a
security for an alien woman." (Mishlei 20:16)
4) [line 11] "BENI, IM ARAVTA L'RE'ECHA, TAKA'TA LA'ZAR KAPECHA; NOKASHTA
V'IMREI FICHA; NILKADTA B'IMREI FICHA. ASEH ZOS EFO BENI V'HINATZEL, KI VASA
V'CHAF RE'ECHA; LECH HISRAPES, U'RHAV RE'ECHA." - "My son, if you have
become a guarantor for your friend, or you have clasped your hand for a
stranger; you have become trapped by the words of your mouth. Do this,
therefore, my son, and be saved, because you have come into the hands of
your friend; go humble yourself and appease your friend." (Mishlei 6:1-3)
5) [line 15] HATER LO PISAS YAD - open up for him the palm of your hand,
i.e. pay him back. (These four words are the result of using Notrikon for
the word "Hisrapes.")
6) [line 15] HARBAH ALAV RE'IM - have many friends appease him
7) [line 16] L'TZAD SHENI - a second way of explaining the verse
8a) [line 17] SECHAR KATAF - the wage of a porter
b) [line 17] SECHAR CHAMAR - the wage of a donkey driver
c) [line 18] SECHAR PUNDAK - the fee for an inn
d) [line 18] SECHAR DEYUKNA'OS - the fee for portraits or drawings made [on
the walls] in one's home
9) [line 19] ZAKFAN ALAV B'MILVEH - he set them (the money owed to the
workers as their wages) upon himself as a loan (as if he had taken a loan
from them)
10) [line 19] "MASHAS ME'UMAH" - "[When you lend to your fellow man] any
type of loan, [do not come into his house to take something as security.]"
(Devarim 24:10)
11) [line 27] U'VILVAD SHE'LO YEHU MESIROS ES LIBO - as long as they (the
king's wives) do not turn his heart away [from serving HaSh-m]
12) [line 28] AVIGAYIL - Avigayil was the wife of Naval. The Navi relates
(Shmuel I ch. 25) that Naval and his shepherds had been protected by David
and his soldiers. Some time later, when David had to flee from the pursuit
of King Shaul, he sent messengers to Naval to ask for provisions. Although
he fed the ten messengers, he refused to provide for David and his army.
Besides repaying good with bad, this was an act of treason, since the
prophet Shmuel had already anointed David king. David was about to have
Naval and his entire household executed, but Naval's wife Avigayil proved
that only Naval was guilty. She personally brought David the provisions that
he needed. When Avigayil told Naval of her actions, he fell faint. Ten days
later, he died after being struck by a plague of HaSh-m. David ha'Melech
married Avigayil, who was a righteous woman.
115b---------------------------------------115b
13) [line 3] NA - partially roasted
14) [line 4] "[AL TOCHLU MIMENU NA U'VASHEL MEVUSHAL BA'MAYIM,] KI IM TZELI
ESH [ROSHO AL KERA'AV V'AL KIRBO.]" - "[You shall not eat it partially
roasted or cooked in water,] but only roasted with fire, [its head with its
legs and with its innards.]" (Shemos 12:9)
15) [line 5] MEVUSHAL - cooked in water
16) [line 8] EIN LOKIN AL LAV SHEBI'CHELALOS - one does not receive Malkus
for transgressing a "Lav shebi'Chelalos," a "general prohibition." (LAV
SHEBI'CHELALOS)
A Lav shebi'Chelalos is a single Lav that prohibits many different acts.
There is an argument among the Amora'im as to whether a person who
transgresses a number of the prohibitions included in a single Lav receives
a separate set of Malkos for each prohibition, one set of Malkos for
everything, or no Malkos at all (see Insights to Pesachim 41:2).
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