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1) A "MASHKON" (SECURITY) THAT WAS LOST (cont.)

(a) Rejection: Both Tana'im argue with Shmuel; the security was worth as much as the loan;

1. The Tana'im argue about R. Yitzchak's law.
2. (R. Yitzchak): A lender acquires a security - "U'Lecha Tihyeh Tzedakah";

i. If he did not acquire it, returning it would not be called Tzedakah (since it belongs to the borrower).

(b) Suggestion: R. Akiva holds like R. Yitzchak (therefore, he is liable for losing the security), R. Eliezer does not.
(c) Rejection: R. Yitzchak only said his law regarding a security taken after the loan (which the verse speaks of), not a security taken at the time of the loan!
(d) Rather, if the security was taken after the loan, all agree to R. Yitzchak's law;

1. They argue about a security taken at the time of the loan, the law of watching such a security is the same as that of a lost object.
2. (Rabah): One who guards a lost object is a Shomer Chinam;

3. (Rav Yosef): He is considered to be a Shomer Sachar (Rashi - because he is rewarded for doing a Mitzvah; Tosfos - because he is exempt from giving Tzedakah while taking care of the object).

(e) Suggestion: Rav Yosef must admit that R. Eliezer and R. Akiva argue about his law of a lost object (R. Akiva agrees to it, R. Eliezer argues on it).
(f) Rejection: No, all can agree to his law; they argue about when the lender needs (to use) the security.

1. R. Eliezer says, he acts for his own benefit, this is not considered a Mitzvah;
2. R. Akiva says, since he pays for his usage, this is still considered a Mitzvah.

(g) Suggestion: The following Tana'im argue about Shmuel's law.

1. (Beraisa - R. Shimon ben Gamliel): Reuven lent Shimon; he took a pledge at the time of the loan. Shemitah came; even though the pledge is only worth half the loan, the loan is not cancelled;

i. Rebbi says, if the pledge is worth all the loan, the loan is not cancelled; if not, it is cancelled.

2. Question: What does R. Shimon mean by 'it is not cancelled'?

i. If the value of the pledge is not cancelled - that would imply, Rebbi holds that even that is cancelled - if so, why did he take a pledge?!

3. Answer: Rather, R. Shimon says that the entire loan is not cancelled; Rebbi says, the value of the loan above the pledge is cancelled.

i. R. Shimon holds that a pledge acquires fully, Rebbi holds that it only acquires according to its value.

(h) Rejection: No - really, R. Shimon means, the value of the pledge is not cancelled.
(i) Question: If so, Rebbi holds that even that is cancelled - why did he take a pledge?!
(j) Answer: It is a remembrance of the loan.

2) OATHS TAKEN TO RECEIVE PAYMENT

(a) (Mishnah): When a person must swear mid'Oraisa, it is to avoid paying; the following people take a Rabbinical oath and collect: a worker, a Nigzal (victim of theft), a Nechbal (one who was wounded), a claimant whose defendant is disqualified from swearing, a grocer swearing about his ledger.
(b) The case of a worker: Reuven claims (on the day he worked) that he was not paid, Shimon (the employer) says 'I paid you';

1. Reuven swears that he was not paid, and collects.

(c) R. Yehudah says, Reuven swears and collects only if Shimon partially admits, e.g. Reuven claims wages of 50 Dinarim and Shimon admits to 25.
(d) The case of a Nigzal: witnesses testify that Levi entered Yehudah's house without permission to take a security. Yehudah says, you took my vessels; Levi denies this.

1. Yehudah swears how much was taken, and collects.

(e) R. Yehudah says, he swears and collects only if Levi partially admits, e.g. Yehudah claims that two vessels were taken and Levi admits to one.
(f) The case of a Nechbal: witnesses testify that Levi was unbruised when he entered Yehudah's house, and he left bruised. Levi says, you wounded me; Yehudah denies this.

1. Levi swears that Yehudah wounded him, and collects the damages.

(g) R. Yehudah says, he swears and collects only if Yehudah partially admits, e.g. Levi claims that he wounded him twice and Yehudah admits to once.