web analytics
December 18, 2014 / 26 Kislev, 5775
 
At a Glance
Judaism
Sponsored Post
8000 meals Celebrate Eight Days of Chanukah – With 8,000 Free Meals Daily to Israel’s Poor

Join Meir Panim’s campaign to “light up” Chanukah for families in need.



Daf Yomi


Daf-Yomi-logo

Pleading The Fifth
‘…And Minors Are Not Obligated To Fulfill Mitzvos’
(Arachin 22a)

A mishnah (21b) states that if beis din wishes to sell the property of orphans for payment of a debt, it must publicize the sale and take bids for at least 30 days. Rabbenu Gershom explains that this is done to ensure that a wide a range of prospective buyers will come and try outbidding one another. This will result in the orphans receiving the highest possible price.

R. Yehuda stated in the name of R. Assi that as a general rule beis din does not sell the property of minor orphans to satisfy debts, unless the loan was given on interest (by a non-Jewish creditor). In such a case, beis din is duty-bound to expedite a sale to prevent the further accrual of interest. Two reasons are given for beis din not being allowed to sell the property of minor orphans.

Was It Repaid?

R. Huna ben R. Yehoshua explains that we are concerned that the father might have paid off the debt immediately prior to his death. Rashi (s.v. “tzerori atfesei”) explains that in his haste he might not have retrieved the bill of indebtedness from the creditor. Delaying collection of the loan (by selling property) until the orphans mature gives the orphans an opportunity to seek proof that their father possibly did indeed repay the debt.

Keeping One’s Word

R. Pappa, on the other hand, offers a totally different reason for restraining beis din from selling the property of minor orphans to satisfy a creditor’s claim. He argues that repaying a debt is a mitzvah and minor orphans are not obligated to fulfill mitzvos. The Ramban (novella, Bava Basra 174) explains that even if the orphans inherited property from their father, R. Pappa is of the opinion that properties are not legally mortgaged for payment of a father’s debts on a biblical level. The only factor compelling a debtor and his heirs to repay a debt is due to a Torah obligation requiring a person to keep his word. Minors, however, are not obligated to keep mitzvos and thus cannot be compelled to pay their father’s debt until they reach maturity.

Don’t Pay More Than A Fifth

The Gemara (28a) states that a person should not give more than a fifth of his earnings to charity. The Rambam (Hilchos Arachin ve’Charamin 8:13) applies this rabbinic teaching to other mitzvos. He writes that if a person obligates himself to bring a korban with an oath, he should be cognizant of the fact that the Torah itself is very protective of his possessions and should never go beyond his means in fulfilling this oath. Similarly concerning an esrog: If a person only has $100 to his name, he should not purchase an esrog for more than $20. If he can’t find an esrog for that price, he is not required to buy one.

Total Exemption?

The following question was posed to Rabbi Chayyim Solovechik of Brisk (Novella 129) regarding R. Pappa’s ruling that repaying a creditor is a mitzvah: What if one’s debts amount to more than twenty percent of one’s assets? Is one then exempt from repaying the debt being that one is generally exempt from spending more than a fifth of his money for a mitzvah?

Just Getting Back What’s His

The Brisker Rav answered: Money that a person gives to his creditor is the creditor’s money – not his. (Prior to the payment of the debt, we consider the money to be the debtor’s – and not mortgaged to the creditor – but once the debtor pays the creditor, we view this payment as if the creditor has received his own money back.) Therefore, since the debtor is not spending his own money but is rather simply returning money that belongs to the creditor, the rule that one does not spend more than a fifth of his wealth does not apply.

This week’s Daf Yomi Highlights is based upon Al Hadaf, published by Cong. Al Hadaf, 17N Rigaud Rd., Spring Valley, NY 10977-2533. Al Hadaf published semi-monthly, is available by subscription: U.S. – $40 per year; Canada – $54 per year; overseas – $65 per year. For dedication information contact Rabbi Zev Dickstein, editor, at 845-356-9114 or visit Alhadafyomi.org.

About the Author: RABBI YAAKOV KLASS, rav of Congregation K’hal Bnei Matisyahu in Flatbush, Brooklyn, is Torah Editor of The Jewish Press. He can be contacted at yklass@jewishpress.com. RABBI GERSHON TANNENBAUM, rav of Congregation Bnai Israel of Linden Heights, Boro Park, Brooklyn, is the Director of Igud HaRabbanim – The Rabbinical Alliance of America.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Daf Yomi”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
The annual  Chabad menorah lighting in Sydney has been called off this year because of the murders in the Lindt cafe.
Sydney Chabad Hanukkah Menorah Lighting Canceled ‘Out of Respect’
Latest Judaism Stories
Rapps-Rabbi-Joshua-logo

If Chanukah was simply a commemoration of the miracle of the oil and Menorah, we would be hard pressed to see the connection between the reading from Parshas Nesiim and Chanukah.

Rabbi Yosef Mendelevich

“Can you hear what the dead are whispering? Leave Galut, escape to Eretz Israel-Lech lecha!”

The ‘homely’ ancient rock, discovered in 1993, adds evidence of King David’s existence.

Chanukah is the holiday of liberty, combining The Book (faith and dedication to God) and the sword

Yehuda knew if the moment isn’t right or men are unwilling to listen a skilled leader bides his time

This is a recurring theme in this week’s parsha, in which there are many mistakes made based on perception.

“A person should sell even the beams of his own house in order to buy shoes.”

“I do not owe anything,” Mr. Feder replied. “However, if I must come – I will.”

If Hashem is watching tzaddikim, why couldn’t He just save Yosef from all the suffering he was about to endure?

Jacob was well aware that the brothers hated Joseph, yet he sent him to them anyway.

No Fault Lines
‘…His Father And Mother Were In Prison…’
(Yevamos 71b)

The child of a Jewish mother from a union with a non-Jewish father is not a mamzer.

Question: If Abraham was commanded to circumcise his descendants on the eighth day, why do Arabs – who claim to descend from Abraham through Yishmael – wait until their children are 13 to circumcise them? I am aware that this is a matter of little consequence to our people. Nevertheless, this inconsistency is one that piques my curiosity.
M. Goldman
(Via E-mail)

More Articles from Rabbi Yaakov Klass and Rabbi Gershon Tannenbaum
Daf-Yomi-logo

No Fault Lines
‘…His Father And Mother Were In Prison…’
(Yevamos 71b)

Daf-Yomi-logo

The Daughters Are Mine, The Sons Are Mine
‘Grandchildren Are like Children’
(Yevamos 62b)

The Decree Of 1587
“Two Kabs Of Dinars Were Given…To King Yanai”
(Yevamos 61a)

Ever Vigilant
‘When Unworthy, One’s Number Of Years Is Reduced’
(Yevamos 50a)

Where Frequency Matters
‘We Forbid Haircutting And Laundering’
(Yevamos 43b)

Informing The Decision
‘Found To Be With Child’
(Yevamos 35b)

The Ban Of The Communities
‘Impaired Chalitzah’
(Yevamos 26b)

Law-Abiding Citizen
‘That Which Is Crooked Cannot Be Made Straight…’
(Yevamos 22a-b)

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/daf-yomi-10/2012/02/02/

Scan this QR code to visit this page online: