Last night we began the newest mishna, at the bottom of דף ג - in which edim zomimin testify that a person took out a loan to be repaid in 30 days, they were huzam, and the accused claims that it was a loan for ten years....
The mishna rules that the "ka'asher zamam" of the edim zomimin is: the amount that a person would be willing to pay to have a loan extended from 30 days to 10 years....It's not the total value of the purported loan that they owe, but the value above....
The Gemara starts with the statement of R. Yehuda/ Shmuel - who says that a loan issued for 10 years is cancelled by the Shemitta. Even though, says R. Yehuda, we don't call it לא יגוש now, it will in the end be לא יגוש. Most of our discussion centered on this statement and the accompanying Rashi.
The pasuk referred to says that one should not claim money of a loan from a fellow Jew, because a Shemitta/cancellation has been declared by Hashem...R. Yehuda in the end holds that the loan is cancelled...but there was a "hava amina" that such a loan would not be cancelled since you could read the pasuk that the only loans that would be canceled are loans regarding which the Torah, because of Shemittah, would have to tell you not to approach the borrower for repayment..however, a loan due only after 10 years would not be included, since your arrangement with the borrower would itself dictate that you cannot approach him for repayment!!!
In the end, the loan is cancelled because the pasuk is read, "Don't approach him after the 10 years are up - because a Shemitta was called earlier." This reading of the pasuk means that loans issued for 10 years are indeed cancelled....
Our question tonight: How is our mishna going to be contradicting Rav Yehuda's statement?
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