Gemara Review Sheet - Test 3 PDF

Rabbi Y. Weinberger ‫בס"ד‬ 11Q Review Sheet Test #3: Wednesday December 18, 2024 ‫משחק בקוביא‬ 1. Understanding the nature of ‫פסול רשע‬: a. What is the machlokes between ‫...

Rabbi Y. Weinberger ‫בס"ד‬ 11Q Review Sheet Test #3: Wednesday December 18, 2024 ‫משחק בקוביא‬ 1. Understanding the nature of ‫פסול רשע‬: a. What is the machlokes between ‫ אביי‬and ‫ ?רבא‬Gemara (27a), Rashi i. About someone who eats nevilah just to make hashem angry 1. Abaii says not a kosher witness anymore 2. Raba says still good - thinks he his not a rasha dechamas yet ii. Rashi 1. If you're doing it for desire then its obvious you're disqualified. If its about the $$$ (non kosher is cheaper) so this guy can't be judge or witness since he can be bribed easily 2. Category of “Rasha Chamas” - he's gonna violate torah for $$ b. Where does ‫ אביי‬get his opinion from? i. Shemot perek kaf gimmel pasuk aleph c. Who do we pasken like? Know the list of cases in ‫יעל קגם‬. i. 6 cases where we paskim like Abaii (not the norm) 1. This is one of them! d. What are the two categories of ‫ רשע‬according to the Rambam in ‫הלכות עדות‬ ‫ ?פרק י הלכה ב‬What is his source for each of these categories? What are examples of ‫ ?חייבי מלקות‬translation i. 1 - Anyone who does something that gets lashes 1. Torah says “every rasha will get makot” 2. if you eat milk in meat, or nevelot, or shekatzim, if you break yom tov rishon (bc its torah), etc… (shatnez) ii. 2- If you're chayav mita for something (bc then it has to be bad) e. What is the final category of ‫ פסול רשע‬according to the Rambam? What is interesting about the fact that these people are ‫ ?פסול לעדות‬Why are they ‫?פסול‬ i. 3 - Someone who steals money ii. Interesting that they are still pasul even if they return the $$ 1. Would take bribes- Chamas (values $$ over torah) 2. Even if they return the stolen items they still invalid 2. Know how to read, translate and explain Mishnah, Gemara (24b) 3. Know how to read, translate and explain Rashis and Tosfos’ that we did a. Understand the machlokes in the Mishnah between Tana Kama and R’ Yehuda- what are they arguing about? i. Arguing about when are these people pasul: ii. Tana Kama - these people are always pasul iii. Rebbi Yehuda - says they're only pasul if this is their main job (only source of income)  b. Understand the machlokes in the Gemara between Rami bar Chama and R’ Sheshes- what are they arguing about? i. What disqualifies a gambler? ii. Rami bar chama - gambling is an asmachta and and asmachta isn't a valid deal 1. So if you win and take money then you're stealing which pasuls a witness or judge iii. Rav sheshet - gambling is not an asmachta but they’re invalid bc they don't participate in worldly matters 1. more on that later c. How do these arguments line up with each other? i. d. What is the nafka mina case between them? i. If the gambler has another job is he still pasul? 1. Rami Bar Chama: Yes, bc gambling is still esmachta 2. R’ Sheshes: No, bc now he is “helping to settle the world” so he good 4. What are the example cases of ‫אסמכתא‬: a. ‫משליש את שטרו‬ i. When someone makes a loan deal they create something called a shtar the shtar outlines the deal and how they owe the money if the person does not have the money in time they can do something called ‘mashlish et shtaro’ which basically means that they give the shtar to a third party and create a condition where if they don't pay it back by a new this new date they'll give them another $500 now if they don't get it back by the date then the third person is going to give the shtar back to the first guy and it'll look like he owes him the amount which it says on the original shtar all over again ii. So the problem is that the person never intended for it to get so bad that he would have to give the double money, this is an esmachta iii. its an asmachta because he was making a deal and relying on a certain outcome that outside factors affect and then he couldn’t pay the money iv. (referring to something we will mention later: also the borrower will not benefit in any sort of way by having to pay more money making this reliance an asmachta) b. ‫ אשלם במיטבא‬,‫אם אוביר‬ i. FIND THE CASE IN RASHI ii. What is the fundamental issue with an ‫?אסמכתא‬ 1. Asmachta = Made a deal based on speculation that something will/will not happen a. That the other guy never thought he was gonna give over the money bc you think you always win. so when you have to take money from the loser its like stealing. its like youre  taking extra money that was never seriously up for you to take. b. when you take the $$ from a void contract (Asmachta Lo Kanye) its stealing! 5. Analysis of Rami bar Chama- a. What makes something an ‫אסמכתא‬: i. What is his understanding of what makes something an ‫?אסמכתא‬ 1. Where there's two variables and the fact that you made the deal is bc you thought you would win 2. Relying on something (could be in or out of your control) and you thought you could win but sometimes they beat you a. This means that in any deal which has multiple variables of outcome, the more favorable one for the borrower is what the borrower assumes will happen. Even if it’s not in your hands. Kal Vechomer if it is in your hands it’s definitely an asmachta. 3. So Mesachek Bekubia would be an asmachta because you think that your dice roll will be the one you want so it is an asmachta (and therefore its invalid) ii. According to Rami bar Chama why is dice playing an ‫ ?אסמכתא‬Rashi “‫אסמכתא” ד"ה‬, Yad Rama. Know how to translate the Yad Rama. 1. Rashi - He is not really going to give the money because he thinks he will win and not have to give the money. He never intended to give the money in the first place if he was not going to win 2. Yad Rama - ‫ואשתכח דמעיקרא לא גמר ומקני דאי הוה ידע דהוה מנצחי ליה לא‬ ‫”הוה מתני הילכך הוה ליה כי גזל‬ a. if he knew he was gonna lose he would obvouslly never make the deal in the first place iii. What types of gambling would be an ‫אסמכתא‬/what does it depend on? 1. Any type of gambling - 2 variables 2. We concluded that if you are gambling you will always think you have control in the outcome that's why you are doing it. But it seems like it is all mental which raises the next question. b. Difficulty of ‫דברים שבלב אינם דברים‬: i. What is the concept of ‫( דברים שבלב אינם דברים‬Gemara Kiddushin 49b) 1. A guy thought that he's selling his field bc he's moving to Israel and he won't need it anymore. But his plans got changed and he couldn't move to Israel so he tried to get the field back but the guy was like NO you never said that. 2. Lesson: things that you think (‫)דברים שבלב‬, don't actually count as things in a deal ii. What is the difficulty it presents on the concept of ‫?אסמכתא לא קניא‬  1. We say that the issue of an asmachta is that in your mind you dont think youre gonna need to fulfill the deal and pay (you're not gonna lose) 2. but if were saying what you believe has no power than the deal should be considered valid because it was only that you mentally put the condition on whether you were going to pay but it was said or in writing iii. How could we answer this difficulty based on the ‫?קצות‬ 1. It’s not just a matter of the individuals heart everyone understands what he believes a. If his intentions are obvious to everyone then it could be taken into account - in the case of gambling, where it's obvious that the guy isn’t going in with the intention of losing, when he loses its an asmachta and still the deal can be reversed c. What level of ‫איסר‬/‫ פסול‬is it: i. According to Rashi what is the status of collecting money from an ‫( אסמכתא‬Rosh Hashana 22a)? What’s his reasoning? 1. This is stealing mi d'rabbanan 2. Midoraita is only a case where you steal directly from someone's hand (pickpocketing?) ii. What are the diyukim (inferences) from Rashi in Sanhedrin 24b (“‫ "לא קניא‬,”‫ )"המשחק בקבויא‬that support this idea? 1. By saying it is only ”‫ מעין‬or ‫( ”כ‬of gezela) it is only similar to gezela or like so we infer from that that it is only Derabanan iii. How does Tosfos understand the status of ‫( משחק בקבויא‬and everyone listed in our Mishnah)? What is his proof that our Mishnah is only referring to ‫ ?פסולים דרבנן‬NEED TO KNOW INSIDE 1. All these might seem to be deoraita at first, but they are all drabbanan. 2. There are some versions of this mishnah that include slaves however some don’t because slaves are Asur D’Oryta but the rest of these aren’t so it doesn’t really make sense to include it a. How is the case of a gambler considered Dirabannan? i. The case of a gambler has two possible sides: either asmachta or Yashuvu shel olam 1. Esmachta a. Even if you say it is an Esmachta it is still not Pasul because according to the torah Esmachta Lo Kanya b. Because he doesn’t actually mean to steal (or do an Issur) he isn’t passul dioryta 2. Yehusvu Shel Olam  a. For the opinion of Yishuvo shell olam it's obvious it is just a dirabanan approach b. How is the case of Malveh Biribis (not) Dioreita? i. We are dealing with Ribis (interest) that isn't set ii. Even if it was ribis that was set the person charging wouldn't think what he was doing was assur because the guy he was charging agreed so he is only passul for eidus Derabanan c. How is the case of Sochrei Shvieis (not) Dioreita? i. Because the issur is only dirabannan nowadays ii. Even when it is a dioreisa issur he would still only be derabbanan 1. Even when it was dioreisa he didn’t think it was that bad or issur 6. Analysis of Rav Sheshes- a. Rashi- i. What is his understanding of what makes something an ‫?אסמכתא‬ 1. If you think you can control the outcome (skill based or because of your power) a. Against rami bar chama dice playing is not an asmachta because you never thought you'd win! b. not bc of chance 2. It's really unexpected for you to have to pay someone more money than the original loan because of a caveat (you never thought it would come to that because you wouldn’t let it get to that) 3. However, if dice playing is your livelihood then it is an asmachta and it is pasul ii. According to Rav Sheshes why isn’t dice playing an ‫ ?אסמכתא‬Rashi ‫ד"ה‬ ‫""כל כי האי גוונא לאו אסמכתא‬ 1. Because there is no skill involved it’s all luck so you can’t be sure about anything. a. ie your not convinced you're gonna win, so when you lose it’s not an unexpected outcome iii. What types of gambling would be an ‫אסמכתא‬/what does it depend on? 1. it depends on if you're betting on yourself, or if the outcome is not fully by chance a. if it was fully chance then you'd assume that you have no hand in what happens but when you think you do have some sort of control that is when it becomes an Esmachta iv. Why would a gambler be ‫ פסול לעדות‬if gambling is not an ‫?אסמכתא‬  1. What does ‫ לפי שאין עסוקין בישובו של עולם‬mean according to Rashi, Meiri, SM”A? a. Meiri: The basis of Gambling is lying and you are getting praised for that so how can we trust you if you are a witness. Also you don’t care about costing people money because you don’t know the hardships of life b. SM”A: If you don’t have a job and only income is gambling you don’t understand the hardships of life c. Rashi: people whose sole occupation is gambling are not involved in anything socially useful. As a result, they are unacquainted with basic business law, and have no aversion to illegal activity. However, one who engages also in some other form of occupation is not flawed in this way and remains eligible. b. Tosfos (Rabbenu Tam)- i. What is his understanding of what makes something an ‫?אסמכתא‬ 1. If the borrower won’t gain anything from making the deal (like the first case we said about the Shelesh Shitro)- no benefit ii. According to Rav Sheshes why isn’t dice playing an ‫?אסמכתא‬ 1. Because the gambler can make money and gain from the dice being rolled 2. Here there is a give and take and both people could make money iii. What types of gambling would be an ‫ ?אסמכתא‬Why? 1. any gambling is NOT an asmachta because you all have a chance to benefit 2. unless he says… a. if I miss then $100, if I hit it then nothing 7. Who do we pasken like? a. Which opinion do the ‫( רי"ף‬Rif) and ‫( רא"ש‬Rosh) follow? Why are gamblers disqualified? i. Rif - Rav sheshet b/c not involved in the world ii. Rosh - Rav sheshet because you are not helping the world but gambling is not making you Pasul because it is an ashmachta b. What does the Rambam say about ‫ משחק בקוביא‬in ‫ ?הלכות עדות‬Which opinion does he follow - why are gamblers disqualified? i. He says if it is your only profession because let’s say you start to lose then it will lead you to more stealing and that will make you really Pasul ii. Seems like rav sheshet iii. What is the internal “contradiction” there? How did we answer it? 1. He agrees that people are taking money that isn't theres, seemingly stating that it is stealing 2. Rather its that its avek gazel meaning it only seems like it/would make others think it's okay to steal  c. What does the Rambam say about ‫ משחק בקוביא‬in ‫ ?הלכות גזילה‬Which opinion does this follow? i. Here he says all gambling is considered stealing derabanan ii. Clearly like rabbi bar chama d. How did we explain the contradiction between the two halachos? i. 8. Halacha L’maaseh a. Shulchan Aruch- which opinion does he follow? i. Says there are things the chachamim outlawed bc its stealing 1. Includes pigeon flying and dice playing ii. Sephardim says its stealing so they way more strict = Rambam iii. this is like the rambam b. Rama i. What opinion does the Rama follow regarding ‫?משקח בקוביא‬ 1. More lenient than shulchan aruch (hes ashki = Rosh, Rif) ii. What two conditions does he say you need to meet in order for it to be allowed? Why the need for “money on the table”? 1. Because that shows that you are not expecting anything in return and you are just playing in good faith and you don’t care what is being taken, so this is all good 9. What would the Rama (ASHKI) say about each of the following cases? Why? Case: Allowed or Not? Why? Charlie challenges Rabbi allowed no money so no need for Weinberger to a one-on-one. gemiras daas Rabbi Weinberger is so confident he will win that he tells Charlie, “If you win, I will give you an 100 on every test for the rest of the year”. Same case, but they bet $100 not allowed bc there's skill involved and instead. its not total luck (not fully out of your hands) so it's an asmacha so no good Judah and Ilana bet $10 on not good not fully chance = no good who will do better on the next test.  Fish arranges a poker game at no There’s skill his house. Everyone buys $20 worth of chips before they begin to play and winner takes home all the actual money. Sarah is in the airport in Las Allowed all luck so we good Vegas. She sees a slot machine and goes to play a game. Zero skill Rachel buys a lottery ticket for Ye1s 100% Bc you're investing in a the $500 million dollar jackpot. piece of paper that could go up in value. not actually gambling Word List - : https://quizlet.com/985703169/gemara-test-3-words-flash-cards/?i=4mmoeq&x=1jqY 1) ‫משחק‬- play 2) ‫קוביא‬- dice 3) ‫ריבית‬- interest 4) ‫מפריחי יונים‬- pigeon-flyers 5) ‫סוחרי‬- business 6) ‫אימתי‬- when 7) ‫אומנות‬- job 8) ‫אסמכתא‬- reliance 9) ‫קניא‬- acquired 10) ‫כי האי גוונא‬- like this instance 11) ‫יישובו של עולם‬- settling the world 12) ‫אלמא‬- we see 13) ‫וכי תימא‬- and if you will say