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1) PARDONING A DEBT

(a) The daughter heard the counsel, and pardoned the Kesuvah.

1. Rav Nachman: I have acted as a lawyer (and I regret this).

(b) Question: Why did he originally give the counsel, and later regret it?
(c) Answer: Originally, he thought "Do not neglect your flesh". Later, he felt that an important person should refrain in such a case.
(d) (Shmuel): One who sells a loan document may pardon the debt; even the heir of the seller may pardon it.

1. (Rav Huna Brei d'Rav Yehoshua): If the buyer is clever, he will offer money to the borrower to write a loan document obligating himself to the buyer.

(e) (Ameimar): According to the opinion that one must pay for Garmi (indirect damage), one who pardons a sold debt must pay the full value of the document; the opinion that one is exempt for Garmi says that the buyer only gets a piece of paper.

1. A case occurred, and Rafram overwhelmed Rav Ashi (with proofs), and Rav Ashi obligated the person to pay the full value.

(a) (Ameimar): A man that must pay a creditor and a Kesuvah, and had land and money - each receives according to his law: the creditor gets money, and the ex-wife gets land.

1. If there is only land, it is given to the creditor.
2. Question: Why?
3. Answer: A woman wants to get married more than a man (and she will not refrain even if she has inferior rights of collection - but people may refuse to lend if they have poor collection rights).

(b) Rav Papa (to Rav Chama): Did you cite Rava to say that if a creditor demands to be paid money, and the borrower only has land, that we force him to sell his land?

1. Rav Chama: No.
2. Rav Papa: What was the case?
3. Rav Chama: The borrower (falsely) claimed that his money belonged to a Nochri. Since he acted improperly, we treated him improperly, and forced him to sell his land.

(c) Question (Rav Kahana, to Rav Papa): You hold that it is a Mitzvah to pay a debt - if he says, 'I do not want to do the Mitzvah' - what happens?
(d) Answer (Rav Papa - Mishnah): (40 lashes) apply by Chaivei Lavin; but by a Mitzvas Ase, such as someone that refuses to make a Sukah or take a Lulav, we lash him until he dies.

(e) Question (Rami Bar Chama): 'This is your Get, but you should not be divorced until 30 days from now'; she put the Get in the side of a public domain - what is the law?
(f) Version #1 - Answer (Rav Chisda): From Rav and Shmuel, we see that she is not divorced.

1. (Rav and Shmuel): (For seizure of orphans' property to take effect,) the property must be in a public domain; the side of a public domain is as a public domain.

(g) Rejection: No! Rather, we learn from Rav Nachman that she is divorced!

1. (Rav Nachman): One who says to his friend - drag this cow, and do not acquire it for 30 days, he acquires it, even if it is in a swamp.
2. Suggestion: A swamp is as the side of public domain.
3. Rejection: No, they are different.

(h) Version #2 - Answer (Rav Chisda): From Rav Nachman, we see that she is divorced; a swamp is as the side of public domain.
(i) Rejection: No! Rather, we learn from Rav and Shmuel that she is not divorced!

1. Suggestion: The side of a public domain is as a public domain.
2. Rejection: No, they are different.

(a) (Mishnah): One who appoints his wife to sell his produce or oversee his affairs can impose an oath on her (that she has not embezzled money) whenever he wants;
(b) R. Eliezer says, he can even make her swear on the thread she spins or the dough she bakes.
(c) (Gemara) Question: Does R. Eliezer say that he can only make her swear through Gilgul (once she must swear on something else, she must also swear on the thread or dough)?

1. Or, can he make her swear on these alone?

(d) Answer (Beraisa): Chachamim said to R. Eliezer - a person cannot live with a snake in a basket.

1. We understand, if he can make her swear on these alone, this is intolerable.
2. But if he can only make her include these when swearing on other things, what difference does it make to her?

(e) Rejection: Still, she can say, I cannot live with someone who is so exacting with me.
(f) Answer (Beraisa): A man did not exempt his wife from vows and oaths, and appointed her to sell his produce or oversee his affairs. He can impose an oath on her whenever he wants; if he did not appoint her to sell his produce or oversee his affairs, he cannot impose an oath on her;

1. R. Eliezer says, even though he did not appoint her to sell his produce or oversee his affairs, he can impose an oath on whenever he wants, since every woman is sometimes as an overseer on her thread and dough.
2. Chachamim: A person cannot live with a snake in a basket.

i. We see, R. Eliezer says he can make her swear on these alone.

(g) (Mishnah): A man wrote to his wife - 'I have no vow or oath against you' - he cannot make her swear, but he can impose an oath on her heirs or someone who bought her Kesuvah.
(h) 'I have no vow or oath against you, your heirs, or one who buys your Kesuvah' - he cannot impose an oath on her, her heirs, or one who bought her Kesuvah; but his heirs can impose an oath on her, her heirs, or one who bought her Kesuvah.
(i) 'I, my heirs, or one who buys my property - we have no vow or oath against you, your heirs, or one who buys your Kesuvah' - he, his heirs, or one who buys from him, cannot impose an oath on her, her heirs, or one who bought her Kesuvah.
(j) If she went from burying her husband to her father's house, or returned to her father-in-law's house, and did not become an overseer - the heirs can impose an oath on her regarding the future, not regarding the past.
(k) (Gemara): From which oath is he exempting her?