About this episode
This week's learning is sponsored in loving memory of Miriam David, Malkah bat Michael v'Esther, on her 7th Yahrzeit, which took place on the 5th of Sivan. With love from her children and grandchildren. If a husband makes a condition in the get , such as, if I do not come back within thirty days the get is effective, and he does not return due to circumstances beyond his control - is the get valid? The Mishna and a braita discuss the laws regarding one who loans money and stipulates that instead of getting paid back, the loan will be deducted the amount from teruma or maaser from the lender's produce (assuming the loan was given to a kohen, levi or poor person). What happens when the price of the produce fluctuates? If they lock in at a particular price and the value of the produce goes up, this is not considered interest. The loan is not canceled during the shmita year along with other loans as it does not require collection from the borrower. If the land of the lender got ruined and the lender gave up on ever getting the loan back ( yei'ush ), even if the field began producing again, he/she can no longer deduct the funds owed. What happens if the borrower dies? Can this arrangement continue with the children? On what does it depend? If it was done in a court, the original plan remains in place automatically, even if there are no heirs as other kohanim, levites or poor people theoretically take their place, as it is in their best interest as well so that people will be willing to lend them money. However, if a poor person became rich, this arrangement no longer works (as the tithe no longer belongs to the borrower) and the lender loses the ability to collect the loan. Why is there a distinction between death and becoming wealthy? In order to continue collecting loans in this manner from heirs, there must be land in the estate of the deceased. Does it matter if there is less land than the value of the loan itself? A braita discusses a case where one says, "I have maaser of yours in my possession." Is there a concern that there is trumat maaser within that? It is unclear exactly what the case is and what the concern is, and the Gemara suggests two possibilities that are then rejected until they bring a final valid explanation.