Thursday, June 22, 2023

What or who is he lifting up? TB Gittin 37

The shemita, sabbatical, year has come and gone and loans have been forgiven. Today’s daf TB Gittin 37 provides a script that allows the one who loans money to recover the loan.

“In the case of one who repays a debt to his friend during the Sabbatical Year, the creditor must say to him: I abrogate the debt, but if the debtor then said to him: Nevertheless, I want to repay you, he may accept it from him, as it is stated: “And this is the manner [devar] of the abrogation” (Deuteronomy 15:2). From the fact that the verse employed a term, devar, that can also mean: This is the statement of the cancellation, the Sages derived that the creditor must state that he cancels the debt, but he is allowed to accept the payment if the debtor insists on repaying.” (Sefaria.org translation)

Rabba explains what the person who loans the money can do to encourage the borrower to follow the script.

Rabba said: And the creditor is permitted to lift up (וְתָלֵי לֵיהּ) his eyes to him hopefully, demonstrating that he wishes to accept the payment, until the debtor says this, that he nevertheless wishes to repay him. Abaye raised an objection to Rabba’s statement from a baraita: When the debtor gives the creditor payment for a debt that has been canceled he should not say to him: I give this to you in payment of my debt; rather, he should say to him: This is my money and I give it to you as a gift. This indicates that the debt is repaid only by the initiative of the debtor. Rabba said to him: The creditor is permitted to lift up his eyes to him hopefully as well, until the debtor says this, that he gives it as a gift, but the initiative may come from the creditor.” (Sefaria.org translation)

The lifting of the eyes according to many commentators means that the one who loans money stares at the person’s purse to hint that he wants his money back. (Ramban Rosh, Riyba,Meiri, and others) However, other commentators hold that you can actually hang the person upside down until he says “Nevertheless, I want to give you the money.” (Rashi)

 

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