Gittin - Daf 30
- Lending money to a Kohen with the agreement to keep his terumah for himself as payment
The next Mishnah states: המלוה מעות את הכהן ואת הלוי ואת העני – One who lends money to a Kohen, Levi, or poor person, להיות מפריש עליהן מחלקן – with the understanding that he will separate from his own crop their portions (of terumah, maaser, or maaser ani, respectively) and keep them as payment for the loans, מפריש עליהן בחזקת שהן קיימין – he may separate them against [the loans] with the assumption they are still alive. The Gemara asks that the Kohen never took ownership of the terumah, so how can the lender retain it as payment, since it may be given to any Kohen, and the obligation to give to a Kohen has not been fulfilled? Three answers are given. (1) Rav says: במכרי כהונה ולויה – It is speaking where the lenders are acquaintances of the Kohen or Levi and give all their terumah or maaser to this Kohen or Levi. It belongs to them as soon as they are designated, enabling the above arrangement. (2) Shmuel says: במזכה להם ע"י אחרים – It is speaking where he transferred it to them through someone else making a kinyan for them, allowing him to “collect” it from them. (3) Ulla says it is the opinion of Rebbe Yose, that עשו את שאינו זוכה כזוכה – at times, [the Rabbis] made someone who does not normally acquire like he does acquire, without a kinyan.
- If the borrower died before the collection was made
The Mishnah taught that if the loan and arrangement were made in Beis Din, and the borrower died, the lender can continue to collect his loan from the terumah without the heirs’ permission. In a Baraisa, Rebbe Eliezer ben Yaakov taught: המלוה מעות את הכהן ואת הלוי בב"ד – One who lends money to a Kohen or Levi in Beis Din, and stipulates to collect his loan from their portions, ומתו – but they died before the collection, מפריש עליהן בחזקת אותו השבט – he separates them on behalf of the shevet (of Kohanim or Leviim) and collects them. The Rabbis placed the remaining obligation on the rest of the shevet, because enabling this arrangement benefits Kohanim and Leviim in finding loans. Similarly, he said that if he lent a poor person before Beis Din, to collect the loan from his maaser ani, and the poor person died, מפריש עליו בחזקת עניי ישראל – he separates them on behalf of Jewish poor people and collects them. Rebbe Achi said: בחזקת עניי עולם – on behalf of the poor of the world. They dispute regarding a city where all the poor are Kusim. Rebbe Eliezer ben Yaakov considers them non-Jews, so he must instead separate on behalf of Jews elsewhere. Rebbe Achi maintains they are Jews, and he can separate on their behalf (“poor of the world” meaning Jews of questionable status).
- מעשר יש לך בידי אין חוששין לתרומת מעשר שבו
It was taught in a Baraisa: ישראל שאמר ללוי – If a Yisroel told a Levi, מעשר יש לך בידי – “There is maaser of yours in my possession,” which Rashi explains to mean that he separated maaser rishon on his behalf, אין חוששין לתרומת מעשר שבו – there is no concern about its terumas maaser. כור מעשר יש לך בידי – If, however, he said, “There is a kor’s measure of maaser of yours in my possession,” חוששין לתרומת מעשר שבו – there is concern about its terumas maaser. After several interpretations of this Baraisa are rejected, Rav Ashi ultimately explains that the Yisroel told the Levi, “My father told me that maaser of yours (or your father’s) is in my possession.” Because the amount was not specified, we can assume the father did not separate its terumas maaser before dying, and the Levi must separate it. But if the father told him that he has “a kor of maaser in his possession,” we are not concerned about its terumas maaser: כיון דקיץ תקוני תקניה בעל הבית – since its volume is defined, its owner certainly prepared it for use by separating terumas maaser. The Gemara goes on to prove that the owner may take off terumas maaser, although the maaser belongs to the Levi.
