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1) SHALI'ACH OF A SHALI'ACH

(a) Question (Rava): When Beis Din appoints another agent, must this be in front of the previous agent?
(b) Answer (Rava): They need not appoint in front of the previous agent.

1. Sages of Eretz Yisrael ruled as Rava.

(c) Reuven told his wife: This Get should take effect if I do not return in 30 days.

1. Reuven was returning; the ferry to cross the river was not available. He shouted: See - I am returning!
2. Shmuel: That does not count as returning; the Get takes effect.

(d) Reuven told his wife: This Get should take effect if I do not appease you within 30 days.

1. Reuven tried appeasing her; she was not appeased.
2. Version #1 (Rav Yosef): He did not give her a chest full of coins (i.e. he did not try hard enough to appease her - the Get takes effect).
3. Version #2 (Rav Yosef): Must he give her a chest full of coins?! He only stipulated to make a reasonable attempt to appease her - he did this, she is the one that refuses to be appeased!

i. Version #2 is as the opinion that says that there is a claim of Ones regarding Gitin. (Reuven gave a Get on condition. If he made proper efforts to fulfill his condition but was unable, it is as if he fulfilled it, and the Get is void.) Version #1 is as the opinion that there is no claim of Ones regarding Gitin.

(a) (Mishnah): Reuven lent money to Shimon, who is a Kohen, Levi or poor person. He stipulated that he will keep the Terumah or Ma'aser or poor man's tithe that Shimon is entitled to, and deduct its value from the loan. He may do this, and presume that Shimon is still alive.

1. He need not be concerned that Shimon died, or (if he was poor) that he became rich.
2. If he hears that Shimon died, he must ask Shimon's heirs for permission to continue the deal.
3. If the loan was made in front of Beis Din, he need not ask the heirs for permission.

(b) Question: How does this work - Shimon never took possession of the tithes - Reuven never gave the tithes!
(c) Answer #1 (Rav): The case is, Reuven always gives his Terumah or Ma'aser to Shimon - once Reuven separates it, it automatically belongs to Shimon!
(d) Answer #2 (Shmuel): The case is, Reuven asked another man Yehudah to acquire the tithes on behalf of Shimon.
(e) Answer #3 (Ula): The Mishnah is as R. Yosi, who says that Chachamim enacted that someone who (mid'Oraisa) does not acquire, it is as if he acquired.

1. Shmuel and Ula did not say as Rav, for the Mishnah does not explicitly say that we are dealing with a Kohen or Levi that Reuven always gives to.
2. Rav and Ula did not say as Shmuel, for the Mishnah does not explicitly say that someone else acquired on their behalf.
3. Rav and Shmuel did not say as Ula, for they do not want to establish our Mishnah as 1 Tana.

(f) (Beraisa): Reuven lent money to Shimon, on condition that Reuven will keep the tithes due to Shimon, and deduct their value from the loan. He may do this, and presume that Shimon is still alive.

1. He may stipulate that the tithes will be purchased at the lower price (if the price goes down) - this is not interest.
2. Shemitah does not cancel this loan. If he wants to cancel the deal, he cannot.
3. If Reuven despaired (he thought that the tithes on his crops would not equal the value of the debt), he cannot continue to keep the tithes as payment for the loan, since it is as if the loan was lost.

(g) Question: The Beraisa says, he may stipulate that the tithes will be purchased at the lower price - this is obvious!
(h) Answer: The Beraisa teaches, even if he did not explicitly stipulate, it is as if he did.
(i) Question: Why is it not a problem of interest?
(j) Answer: Since Reuven could lose, if the tithes will not equal the value of the loan - even if he gains (i.e. the price goes down), it is permitted.

1. Shemitah does not cancel this loan - because Reuven was not able to ask Shimon to pay back.

(k) (Beraisa): If he wants to cancel the deal, he cannot.

1. (Rav Papa): This only applies to Reuven - but Shimon can cancel the deal.

i. (Mishnah): If a buyer gave coins to the seller, but the buyer did not yet drag the merchandise, the seller can retract the deal.

(l) (Beraisa): If Reuven despaired, he cannot continue to keep the tithes as payment for the loan, since it is as if the loan was lost.
(m) Question: This is obvious!
(n) Answer: We need to teach when the grain withered after having grown on the stalk and he despaired.

1. One might have thought, since it grew on the stalk, it will surely grow, and his despair does not take effect - we hear, this is not so.

(a) (Beraisa - R. Eliezer ben Yakov): Reuven lent money to a Kohen or Levi in Beis Din. The Kohen or Levi died - Reuven may continue to keep Terumah or Ma'aser and deduct their value from the loan.

1. We consider the deal to continue with the heirs, who are also Kohanim or Levi'im.

(b) If he lent Shimon (who was poor), and Shimon died - Reuven may continue to keep the tithe of the poor and deduct its value from the loan.

1. We consider that other poor Yisraelim agree to continue the deal;
2. R. Achai says, we consider that other poor people of the world agree to continue the deal.
3. Question: What is the difference between the 2 opinions?

4. Answer: May we rely on poor Kusim of the city. (R. Eliezer ben Yakov says that we may not, since their conversion was invalid; R. Achai says that we may, since their conversion was valid).

(c) If Shimon became rich, Reuven may no longer keep the tithes; Shimon need not pay back the remainder of the loan.
(d) Question: Chachamim enacted that Reuven can continue keeping tithes if Shimon died - why didn't they enact similarly, in case he becomes rich?
(e) Answer: Death is common; a poor person rarely becomes rich.

1. (Rav Papa): This is as people say - if you hear of a death, believe it; if you hear that a person became rich, do not believe it.

(f) (Mishnah): If he hears that Shimon died, he must ask Shimon's heirs for permission to continue the deal.
(g) (Beraisa - Rebbi): The Mishnah speaks of heirs that inherited.

1. Question: Are there heirs that do not inherit?!
2. Answer (R. Yochanan): He means, heirs that inherited land, not (only) money.

(h) (R. Yonason): Reuven can only withhold tithes worth the value of the land that Shimon left over.

1. (R. Yochanan): Even if Shimon left over land the size of a needle, Reuven may withhold the full balance of the loan.

i. This is as we learned from a ruling of Abaye, that a debt may be collected repeatedly from the same piece of land. (Thus, any debt is collectable from even a tiny piece of land.)

(i) (Beraisa): Reuven (a Yisrael) told Shimon (a Levi) - I have Ma'aser of yours - we are not concerned for the Terumas Ma'aser contained inside;

1. If he said, I have 1 Kor of Ma'aser of yours - we are concerned for the Terumas Ma'aser inside.

(j) Question: What does this mean?
(k) Answer #1 (Abaye): If Reuven tells Shimon, I have Ma'aser of yours, let me buy it (and Reuven gives him money) - we are not concerned that Shimon declared the Ma'aser to be Terumas Ma'aser to exempt other Ma'aser of Shimon.

1. If he said, I have 1 Kor of Ma'aser of yours, let me buy it - we are concerned that Shimon declared the Ma'aser to be Terumas Ma'aser.

(l) Objection: Does the Beraisa speak of wicked people, that Shimon would take the money, (after having) declared the Ma'aser to be Terumas Ma'aser?!
(m) Answer #2 (Rav Mesharshiya brei d'Rav Idi): If Reuven tells Shimon, I have Ma'aser of your father, let me buy it - we are not concerned that Shimon's father declared the Ma'aser to be Terumas Ma'aser to exempt other Ma'aser.

1. If he said, I have 1 Kor of Ma'aser of your father, let me buy it - we are concerned that Shimon's father declared the Ma'aser to be Terumas Ma'aser.

(n) Objection: Do we suspect Chaverim (trustworthy people) to separate Terumah far from the produce being exempted?!
(o) Answer #3 (Rav Ashi): If Reuven tells Shimon, My father told me that he has Ma'aser of yours or of your father - we are concerned that Terumas Ma'aser has not been separated from it;

1. If he said, My father told me that he has 1 Kor of Ma'aser of yours or of your father - we assume that Terumas Ma'aser has been separated.

i. Since the quantity was known, Reuven's father certainly tithed it so it should be permitted.

(p) Question: Is a Yisrael really allowed to separate Terumas Ma'aser (the Ma'aser is not his)?!
(q) Answer: Yes! The Beraisa is as Aba Elazar ben Gamla.

1. (Beraisa - Aba Elazar ben Gamla): "Your Terumos will be considered to you" - the verse speaks of 2 Terumos, Terumah Gedolah and Terumas Ma'aser.
2. Just as Terumah Gedolah is separated by estimation and by thought alone, also Terumas Ma'aser;
3. Just as a landowner may separate Terumah Gedolah on his own produce, he may also separate Terumas Ma'aser.