Gittin - Daf 37
- Discussion which loans are not canceled in shemittah (שטר שיש בו אחריות, על המשכון)
The Gemara discusses two types of loans that are not cancelled by shemittah. (1) A Mishnah in Sheviis (10:1) states: השביעית משמטת את המלוה בין בשטר בין שלא בשטר – The seventh year cancels a loan, whether it is written in a document or not. Rav and Shmuel interpret the Mishnah to mean that shemittah even cancels a loan in a שטר שיש בו אחריות – document which contains a lien for the debtor’s property. Rebbe Yochanan and Reish Lakish hold that a loan in a שטר שיש בו אחריות is not canceled by shemittah, because the payment is considered already in possession of the lender. A Baraisa is brought in their support. (2) Another Mishnah in Sheviis teaches that המלוה את חבירו מעות על המשכון – one who lends his friend money on collateral does not relinquish the loan in shemittah. Rava ultimately explains that a lender acquires a movable collateral (considering the payment in his possession), based on Rebbe Yitzchak’s derashah: The passuk states: "ולך תהיה צדקה" – And for you it will be a charitable act (when you return the collateral to the lender to use). אם אינו קונה צדקה מנין – If he does not acquire [the collateral], where is the “charitable act” in returning someone else’s item? מכאן לבעל חוב שקונה משכון – From here we learn that a creditor acquires the collateral.
- Paying a loan canceled by shemittah
A different Mishnah in Sheviis states regarding a borrower repaying a debt canceled by shemittah: צריך שיאמר לו משמט אני – [The creditor] must say to him, “I am relinquishing the debt,” ואם אמר לו אף על פי כן יקבל הימנו – and if [the debtor] said, “Even so, I wish to pay,” he may accept the money from him, as it says: "וזה דבר השמטה" – and this is the matter of relinquishment ("דבר" is darshened as “speaking,” teaching that the creditor must verbalize the relinquishment before accepting payment). However, Rabbah said: ותלי ליה עד דאמר הכי – if the debtor declines to say, “Even so,” [the creditor] may hang him from a tree (for example) until he does say so. Although a Baraisa teaches that the debtor cannot say he is making payment for his debt, and he must instead say: שלי הן ובמתנה אני נותן לך – “It is my money, and I am giving it to you as a gift,” Rabbah held the creditor may coerce the debtor to give him this gift.
- The status of a captured slave who was ransomed
The next Mishnah states: עבד שנשבה ופדאוהו – A slave who was taken captive and [other Jews] ransomed him, אם לשום עבד ישתעבד – if they ransomed him to be a slave, he is enslaved. אם לשום בן חורין לא ישתעבד – If they ransomed him to be a free man, he is not enslaved. Rabban Shimon ben Gamliel says that in either case, he returns to enslavement. Two different interpretations are given for this Mishnah. (1) Abaye explains the case is לפני יאוש – before the owner despaired from retrieving his slave, and it still belongs to him. Thus, if he was redeemed to be a slave, he returns to his (first) master. If he was redeemed to be a free man, he goes free, although he still belongs to the first master, דילמא ממנעי ולא פרקי – because perhaps [people] will refrain from ransoming slaves if they return to the master instead of going free. Rabban Shimon ben Gamliel holds it is a mitzvah to redeem slaves (like there is for free men), and people will not refrain from ransoming him. (2) Rava says the Mishnah is speaking לאחר יאוש - after the owner despaired of retrieving the slave, and no longer owns him. If he was ransomed to be a slave, he works for the second master (i.e., he who ransomed him). If he was ransomed to be free, he goes free (since the first master lost ownership). Rabban Shimon ben Gamliel holds he never goes free, in order to discourage slaves from giving themselves up for capture in the hope of going free.
