Makkos 3b
מכות ג׳ ע״ב
Makkot 3b
Learn Makkos 3b step by step: Aramaic beside English, every question, answer and proof colour-coded.
Open Makkos 3b in Gemara Clarity
Topic
Loans and שביעית (10-year loans, conditions against שמיטה, the thirty-day rule), followed by rulings of רב about a neck-hole on שבת and wine-colored water in a מקוה.
Overview
This amud opens by finishing שמואל's ruling, which רב יהודה reports in his name: שביעית cancels even a 10-year loan, because the loan will eventually reach 'לא יגש'. רב כהנא challenges this from our משנה about עדים זוממין, who pay only the value of the time and not the whole loan. רבא answers that the משנה is about a loan with a משכון, or one whose documents were handed to בית דין, and שביעית never cancels those. In a second version (איכא דאמרי), שמואל rules the opposite, and the same משנה and the same answer of רבא appear again. Next, שמואל rules that a condition saying 'שביעית will not cancel my loan' does not work. The גמרא explains this by the wording of the condition: a person may give up his own money claim, as with אונאה, but he cannot cancel a law of the תורה. The גמרא then teaches that a loan with no set due date cannot be called in for thirty days, whether it was made with a שטר or by word of mouth. That rule is learned from the extra words 'שנת השמיטה'. Finally come two rulings of רב: one about opening a garment's neck-hole on שבת, and one about wine-colored water falling into a מקוה. Each is challenged and defended, and the discussion of the מקוה continues on the next amud.
Opening lines
וְאַף עַל גַּב דְּהַשְׁתָּא
And even though now
לָא קָרֵינַן בֵּיהּ ״לֹא יִגֹּשׂ״,
we do not read concerning him 'He shall not demand it,'
סוֹף אָתֵי לִידֵי ״לֹא יִגֹּשׂ״.
ultimately he comes to 'He shall not demand it.'
מֵתִיב רַב כָּהֲנָא:
Rav Kahana raised an objection:
The steps (28)
- StatementThe reason a 10-year loan is still cancelled by שביעית
- ChallengeChallenge from our משנה: the lying witnesses would owe the whole sum
- Resolutionרבא: the משנה is about loans שביעית does not cancel
- ProofSource: the משנה in שביעית that these loans are not cancelled
- StatementSecond version: שמואל rules a 10-year loan is not cancelled
- ProofSupport for the second version from our משנה
- Rejectionרבא rejects the proof: the משנה's loan is one that is never cancelled
- Proofמשנה source: collateral loans and court-held documents are not cancelled
- Statementשמואל: a condition that שביעית will not cancel a loan does not work
- QuestionSuggested reason: a condition against the Torah is void
- ChallengeChallenge: שמואל allows a condition that waives overcharging
- Resolutionשמואל's own explanation: it depends on how the condition is worded
- ConclusionThe same distinction applied to שביעית
- StatementA loan with no set due date cannot be called in for thirty days
- Statementרבה בר בר חנה suggests the rule applies only to a loan with a שטר
- Rejectionרב rejects the limit: both kinds of loan get thirty days
- ProofA ברייתא supports רב
- Questionשמואל demands the source of the thirty-day rule
- ResponseThe extra words 'year of release' teach a second, shorter release
- StatementOpening a new neck-hole in a garment on שבת
- ChallengeWhy is this different from piercing a barrel stopper?
- ResolutionThe neck cloth is part of the garment, the stopper is not
- StatementWater colored by a drop of wine does not disqualify a מקוה
- ChallengeWhy is this different from dye water?
- ResolutionDye water is still 'water,' but this is 'diluted wine'
- Challengeרבי חייא taught that this water does disqualify the מקוה
- Resolutionרבא says each ruling follows a different side of an argument
- Proofרבא begins quoting the משנה where the argument appears