Talmud for Makkot 1:2

מְעִידִין אָנוּ בְאִישׁ פְּלוֹנִי שֶׁחַיָּב לַחֲבֵרוֹ מָאתַיִם זוּז, וְנִמְצְאוּ זוֹמְמִין, לוֹקִין וּמְשַׁלְּמִין, שֶׁלֹּא הַשֵּׁם הַמְבִיאוֹ לִידֵי מַכּוֹת, מְבִיאוֹ לִידֵי תַשְׁלוּמִין, דִּבְרֵי רַבִּי מֵאִיר. וַחֲכָמִים אוֹמְרִים, כָּל הַמְשַׁלֵּם אֵינוֹ לוֹקֶה:

(If witnesses say:) We testify about that man that he owes his neighbor two hundred zuz, and they were found to be zomemin, they receive stripes and they pay. For it is not the verse that brings one to stripes which brings him to payment. [Stripes, from (Exodus 20:13): "You shall not testify against your neighbor false testimony"; payment, from "Then you shall do to him as he schemed to do."] These are the words of R. Meir. The sages say: Whoever pays does not receive stripes, [it being written (Deuteronomy 25:2): "according to his wickedness" — For one wickedness you make him liable, and not for two. And since the rabbis say that he pays and does not receive stripes, and not that he receives stripes and does not pay, we infer that wherever there are two, stripes and payment, we do not say that he receives stripes and does not pay, but that he pays and does not receive stripes. And this is the halachah.]

Jerusalem Talmud Sheviit

Rebbi Yose ben Rebbi Abun in the name of Rav: If somebody gives a loan to a person on condition that the Sabbatical not remit it, the Sabbatical does not remit⁶²In the Babli (Makkot 3b), Samuel is reported to have declared that the Sabbatical will remit. In the end, a fine distinction is made in the wording. If the contract reads that the debtor will not enforce the remission, that condition is valid. But if the contract reads that the Sabbatical should have no influence, that would mean abrogating a Torah law and the condition is invalid., as we have stated⁶³Mishnah Makkot 1:2, dealing with witnesses who falsely testify that a debtor has promised to pay within 30 days when in fact he is obligated to pay after ten years, they are sentenced to pay the present value of the debt due in ten years.: “Whether he gives it after thirty days or after ten years.” Are there ten years without a Sabbatical? Rav Huna said, Rav Naḥman bar Jacob and Rav Sheshet disagreed. One of them said, if the loan was given on a pledge⁶⁴As noted in the Mishnah. In the Babli, this explanation is attributed to the later Amora Rava., but the other said, if he writes him a prozbol⁶⁵Explained in the next Mishnah, cf. Note 80..

Ask RabbiBookmarkShareCopy

Previous Verse Full Chapter Next Verse