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1) AN ED ZOMEM PAYS ACCORDING TO HIS SHARE.

(a) (Rav Yehudah): An Ed Zomem pays according to his share.
(b) Question: What does this mean?

1. Suggestion: Each witness pays half of what he tried to make the Nidon pay.
2. Rejection: A Mishnah explicitly teaches this!

i. (Mishnah): Edim Zomemim divide among themselves the payment of money they tried to make the Nidon pay, they do not divide lashes (each is lashed the full amount they tried to inflict).

(c) Answer #1: One of the witnesses was Huzam, he pays half of what he tried to make the Nidon pay.
(d) Rejection: This is wrong!

1. (Beraisa): An Ed Zomem does not pay unless both witnesses are Huzmu.

(e) Answer #2 (Rava): The case is, he admits that he testified falsely.
(f) Rejection: A witness is not believed to retract his testimony!
(g) Answer #3: Rather, he says 'We testified and were Huzmu in Ploni's Beis Din.'
(h) Question: This is unlike R. Akiva, who says that an Ed Zomem does not pay based on his own admission (but the Halachah follows R. Akiva)!
(i) Answer #4: Rather, he says 'We testified and were Huzmu in Ploni's Beis Din, and they obligated us to pay money.' (Once Beis Din rules that a Kenas must be paid, it is like a regular obligation, one pays based on his own admission).

1. One might have thought, since his admission does not obligate the other witness to pay, also he is exempt - Rav Yehudah teaches, this is not so.

(a) (Mishnah): If Edim (that were later found to be) Zomemim testified that Reuven divorced his wife and did not pay her Kesuvah:

1. We cannot say that they should pay him the full value of her Kesuvah, for he would have eventually paid it anyway (if he divorces her, or she would have collected it from his estate if he (never divorced her and) died before her);
2. Rather, we estimate what a person would pay for the chance to collect the Kesuvah (the Tovas Hana'ah):

i. She collects if and when she become divorced or widowed; if she dies first, he inherits her.

(b) (Gemara) Question: How do we make the estimation? (We cannot say, what someone would pay for her rights of collection, this is not what they tried to make Reuven lose!)
(c) Answer #1 (Rav Chisda): We estimate what someone would pay for his rights (to keep and use the money and property of the Kesuvah until it must be paid (or forever, if she dies first)).
(d) Answer #2 (Rav Noson bar Oshaya): We estimate her Tovas Hana'ah, and deduct this from the total value of the Kesuvah (if she would agree to sell, her husband would buy her Tovas Hana'ah in order to be guaranteed that he will keep the Kesuvah forever.). (This is more than his Tovas Hana'ah, for the sum of his and her Tovas Hana'ah is less than the Kesuvah, for when buying something uncertain, people do not pay the 'full' value (based on statistical expectations to collect).)
(e) Answer #3 (Rav Papa): We deduct her Tovas Hana'ah from the Kesuvah, they do not pay for Melug property (property she brings into the marriage and receives it back with her Kesuvah, without compensation if its value rose or declined).

(a) (Mishnah): If Reuven owes Shimon 1000 Zuz, and Edim Zomemim testified that he must pay in 30 days, and Reuven says that he has 10 years to pay, we estimate the difference of what someone would pay for his rights to have 1000 Zuz for 30 days or for 10 years. (Without their testimony, Shimon could not force Reuven to pay before 10 years.)
(b) Version #1 (Rav Yehudah): Shemitah is Meshamet (cancels) a loan of 10 years;

1. Even though "Lo Sigos (do not request payment)" does not apply in Shemitah (since the loan is not due yet), since it will apply later, Shemitah is Meshamet.

(c) Question (Rav Kahana - Mishnah): We estimate the difference of what someone would pay for his rights to have 1000 Zuz for 30 days or for 10 years.

1. If the loan is cancelled, Reuven need not repay after 10 years!

(d) Answers (Rava): The case is, Shimon took a security when he lent him, or he handed over his documents to Beis Din (authorized Beis Din to collect for him, e.g. Pruzbul);

1. (Mishnah): If one takes a security when he lends, or he hands over his documents to Beis Din, the loan is not cancelled.

(e) Version #2 (Rav Yehudah): Shemitah is not Meshamet a loan of 10 years;

1. Even though "Lo Sigos" will apply later, since it does not apply in Shemitah, Shemitah is not Meshamet.

(f) Support (Rav Kahana - Mishnah): We estimate the difference of what someone would pay for his rights to have 1000 Zuz for 30 days or for 10 years.

1. If the loan is Meshamet, Reuven need not repay after 10 years!

(g) Rejection (Rava): The case is, Shimon took a security when he lent him, or handed over his documents to Beis Din.
(h) (Rav Yehudah): If the lender lent 'On condition that Shemitah will not Meshamet the loan', Shemitah is Meshamet;
(i) Suggestion: He holds that this is a stipulation contrary to Torah, such stipulations are void.
(j) Question: Elsewhere, he holds that such stipulations are valid!

1. (Rav): If Reuven sells 'On condition that you have no (claim of) Ona'ah (overcharging) against me', the buyer has (a claim of) Ona'ah;
2. (Shmuel): He has no Ona'ah.

(k) Answer: Rav Anan explained, if he said 'On condition that you have no Ona'ah against me', Shmuel says that (he asks the buyer to pardon the Ona'ah, therefore) the stipulation is valid;

1. If he said 'On condition that there is no Ona'ah in the sale' (Rashi - he promises that he is not overcharging; Tosfos - he stipulates that the law of Ona'ah will not apply), Shmuel agrees that this is a stipulation contrary to Torah, it is void.
2. Likewise, if he lent 'On condition that you will not Meshamet the loan in Shemitah' (he asks him to waive his right), Shemitah is Meshamet;

i. If he lent 'On condition that Shemitah will not Meshamet', Shemitah is Meshamet.

(l) (Beraisa): If one lends without setting a date (for payment), he may not demand payment until 30 days.
(m) (Rabah bar bar Chanah): This is only if he wrote a document, for people do not bother to write a document for less than 30 days, but one may demand a Milveh Al Peh (a loan without a document) immediately.
(n) (Rav): No, whether or not he wrote a document, he must wait 30 days.
(o) A Beraisa says exactly as Rav does.
(p) Question (Shmuel): What is the source that if one lends without setting a date, he may not demand payment until 30 days, whether or not he wrote a document?
(q) Answer (Rav Masnah) Question: "Shenas ha'Sheva Shenas ha'Shmitah" - we already know that the seventh year is Shemitah!

1. Answer: The verse alludes to another Shemitah (period when one may not demand payment), i.e. if one lends without setting a date, he may not demand payment until 30 days.
2. Thirty days are considered like a year (*Shenas* ha'Shmitah).

(a) (Rav Yehudah): If one makes a neckhole in a garment on Shabbos, he is liable (for finishing a vessel).
(b) Question (Rav Kahana): Why is this different than cutting off a lid plastered onto a barrel?
(c) Answer (Rav Yehudah): The neckhole was part of the garment itself, the lid was merely stuck on the barrel.
(d) (Rav): If a Kortov (1 64th of a Lug) wine fell into three Lugim of Mayim She'uvim (water that was in a vessel) and gave it the appearance of wine, if it falls into an (incomplete) Mikvah, it (is considered like wine, it) does not disqualify the Mikvah.
(e) Question (Rav Kahana): Why is it different than dye water?

1. (Mishnah - R. Yosi): If three Lugim of dye water fell into a Mikvah, they disqualify it.

(f) Answer (Rava): Since it is called dye *water*, the decree of Mayim She'uvim applies; in Rav Yehudah's case, it is called mixed (diluted) wine, there is no decree.