Siman - Shabbos Daf 148

• How to borrow on Shabbos

The opening Mishnah of the twenty-third perek states that one may borrow pitchers of wine or pitchers of oil from his friend on Shabbos, provided that he does not say to him, “halveini” [i.e. lend me]. This implies that one could borrow the items using the different expression of “hashileini”.

Rava bar Rav Chanan asked Abaye what the difference is between these two expressions. Abaye responded that if the borrower says “hashileini”, the lender will not come to write down the loan because the term signifies a loan of objects which is usually short-term. The term “halveini,” on the other hand, denotes a long-term loan of money, and the lender might come to write it down.

Rashi explains that “halveini” refers to a loan of thirty days, unless specified otherwise, and the lender will write it down so as not to forget about it.

• Giving rebuke

Rava bar Rav Chanan asked Abaye why we do not rebuke people that we see clapping their hands, beating their chests or dancing, when it is taught explicitly in a Mishnah that these activities are forbidden on Shabbos? Rashi states that dancing might lead to fixing a broken musical instrument, (which would be the melacha of makeh b’patish).

Abaye answered that since people will continue to do so even if they are rebuked, מוטב שיהו שוגגין ואל יהו מזידין – It is preferable that they sin unintentionally rather than deliberately.

The Gemara clarifies that this principle applies equally to a d’Oraisas, for although one is required to extend the fast of Yom Kippur by starting earlier on the ninth, we see that people eat and drink right up until it gets dark and we do not rebuke them.

• Are loans made on yomtov reclaimable in court?

There is a machlokes Amoraim whether a permissible loan made on Yom Tov is reclaimable in court. Rav Yosef says לא ניתנה ליתבע – It is not reclaimable in court, and Rabbah says ניתנה ליתבע – It is reclaimable in court.

The Gemara explains that according to Rav Yosef, the reason that it is not reclaimable in court is that if they were reclaimable, the lender might come to write a record of the loan on Yom Tov. If it is not reclaimable, there is no point in writing it down, since he can only rely on the borrower’s word.

The reason that Rabbah says that the loan is reclaimable in court, is that if it is not reclaimable, then the lender will refrain from lending, and the borrower will be prevented from simchas Yom Tov if he is unable to borrow money and attain provisions.