Gittin 37b
גיטין ל״ז ע״ב
Learn Gittin 37b step by step: Aramaic beside English, every question, answer and proof colour-coded.
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Topic
Repaying debts in שביעית, a lender's claim of a lost פרוזבול, and the status of a captured slave who was redeemed
Overview
In the שמיטה year a lender must tell a borrower who repays 'I cancel it.' If the borrower answers 'Even so,' the lender may take the money. רבה adds that the lender may look on hopefully while he waits, and the גמרא tells how רבה's own borrower missed his cue until אביי taught him. Next, רב נחמן rules that a lender is believed if he says he had a פרוזבול and lost it, since nobody skips the easy permitted way. רב would even prompt lenders to make that claim. A משנה seems to disagree, and the גמרא answers that this is a debate among תנאים. A new משנה then asks about a captured slave who was redeemed: does he stay a slave? אביי explains the case as before the owner gave up hope, and רבא explains it as after, and each gives his own reason for רבן שמעון בן גמליאל. The גמרא then asks how the redeemer can own the slave at all, and ריש לקיש begins proving from a פסוק that a גוי can own another גוי's labor, a proof that continues on the next amud.
Opening lines
הַמַּחֲזִיר חוֹב לַחֲבֵירוֹ בַּשְּׁבִיעִית –
One who repays a debt to his fellow in the Sabbatical Year –
צָרִיךְ שֶׁיֹּאמַר לוֹ: ״מְשַׁמֵּט אֲנִי״;
he (the lender) must say to him: 'I cancel it';
וְאִם אָמַר לוֹ: ״אַף עַל פִּי כֵן״,
and if he (the borrower) said to him: 'Even so,'
יְקַבֵּל הֵימֶנּוּ.
he may accept it from him.
The steps (26)
- StatementRepaying a debt in the Sabbatical Year
- StatementThe lender may look on hopefully
- ChallengeThe borrower should call it a gift
- ResolutionThe lender may hope for that too
- Statementרבה's borrower takes the money home
- Statementאביי finds רבה sad
- Questionאביי questions the borrower
- Responseאביי tells him to go back
- StatementThe borrower returns and רבה accepts
- Conclusionרבה's remark about the young scholar
- StatementA lender is believed to say he lost his פרוזבול
- ResponseWhy he is believed: nobody gives up the permitted way
- Statementרב would prompt the lender to make the claim
- ChallengeA משנה says a loan without a פרוזבול is not collected
- ResolutionIt is a debate among תנאים
- StatementThe new משנה: a captured slave who was redeemed
- ChallengeBefore or after the owner gave up hope? Neither fits
- Resolutionאביי: it is before the owner gave up hope
- ResolutionWhy רבן שמעון בן גמליאל says he stays a slave
- Resolutionרבא: the משנה is talking about after the owner gave up hope
- Resolutionרבא explains רבן שמעון בן גמליאל using חזקיה
- ChallengeA ברייתא quotes רבן שמעון בן גמליאל saying "just as", which fits אביי
- ChallengeFor רבא, the word "just as" does not fit
- Resolutionרבן שמעון בן גמליאל answered both possible cases
- ChallengeFrom whom does the second master acquire the slave?
- ResolutionA gentile can own another gentile for his labor