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Why did the Rambam (רמב"ם) change the Mishna's case from ten years to five years? The analysis explores whether shemitah begins with an issur on the malveh to collect or automatically discharges the chov. This fundamental distinction affects how tanai works and resolves the Beis Yosef's challenge to the Rosh's ruling.
The shiur analyzes a fundamental machlokes in understanding the mechanics of shemitah and its impact on lending obligations, focusing on several key questions raised by the Ramban (רמב"ן) and other Rishonim. The central issue revolves around whether shemitah operates by placing an issur on the malveh (lender) to collect debts, or whether it automatically discharges the chov (obligation) itself. The discussion begins with the Ramban's question about why the Gemara (גמרא) requires that the lender actually gave mashkon (collateral) or moser shtaros lebeis din (handed over documents to court). According to the Mishna, when someone lends money for ten years and shemitah intervenes, ein shemitah meshameites (shemitah does not cancel the debt). The Ramban asks why the potential ability to give collateral isn't sufficient - why must it actually be done?
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Why does halacha forbid entering dangerous places if everything happens by Divine decree? The shiur examines the debate between Rashi and Tosfos on traveling at night, developing a fundamental distinction: Rashi holds one must avoid even deserved punishments that Hashem delays through mercy, while Tosfos holds the prohibition addresses self-inflicted harm through free will. This framework reveals how people rationalize self-destructive behavior as "hashgacha."
Why does the Gemara praise hospitality to scholars as a unique mitzvah rather than ordinary hachnasas orchim? The shiur distinguishes two mitzvahs: hachnasas orchim (providing for those in need) and connecting to talmidei chachamim (cleaving to God through scholars). Yisro's meal for the Jewish leaders wasn't charity—it was his way of bonding with those transformed by Torah, teaching that learning must fundamentally change who we are.
Makkos 3a-b
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