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השוחט את הפרה – in the Seventh Year, and divided it [among the purchasers] on the first day of the two days of the holiday of Rosh Hashanah, if Elul was intercalated [by addin to it an additional day – thirty days], it is found that the first day that it (i.e., the cow) was divided, it was a weekday, and it was the last day of Elul of the Seventh Year, and the Seventh Year cancels [a debt] at its end, as it is written (Deuteronomy 15:1): “Every seventh year (literally, at the end of Seven Years) you shall practice remission of debts.”

Introduction This mishnah continues to discuss what types of debts are remitted at the end of the sabbatical year.

האונס והמפתה (see Deuteronomy 22:19) , that they give fifty Shekel [as a fine].

One who slaughters a cow and divides it up on Rosh Hashanah [at the end of the seventh year]: If the month had been intercalated, [the debt] is remitted. But if it had not been intercalated, it is not remitted. Debts are remitted only at the very end of the sabbatical year. Thus a loan taken out on the last day of the year will be remitted, but a loan taken out on the first day of the next year will not be remitted. What makes this more complicated is that Elul, the last month of the year can have either 29 or 30 days. That is to say that the 30th day after Rosh Hodesh Elul could either be the first day of the next year, Rosh Hashanah, or the last day of the previous year. Our mishnah describes a person who has slaughtered a cow and “registered” other people to receive parts of the cow. Once he divides up the meat and gives it to them they owe him the money, and our mishnah treats this like a loan. So if he divides up the meat on the 30th of Elul at the end of the sabbatical year, what our mishnah calls “Rosh Hashanah” because it could potentially be Rosh Hashanah, and then it turns out that they added a day to the month, thereby keeping that day part of the previous year, then the loan is remitted by the seventh year. However, if they decide that this day is Rosh Hashanah then the seventh year was over before the meat was divided up. Since the loan was incurred in the eighth year it is not remitted. What a difference a day makes!

והמוציא שם רע – that gives one hundred.[Shekel].

[Fines for] rape, for seduction, for defamation, and all other obligations arising from legal procedure, are not remitted. A rapist and a seducer pay a fine of 50 shekels (see Ketubot 3:4 and Exodus 22:16, and Deuteronomy 22:29). One who defames a virgin pays a fine of 100 shekels (Deuteronomy 22:19). These are not considered normal loans and hence the sabbatical year does not cause them to be remitted. Similarly, any amount of money that a court has ordered a person to pay for whatever reason, that debt is not remitted on the sabbatical year. These are not considered “loans” but rather “debts.”

וכל מעשה בית דן – money that they wrote upon it a religious decision, you are obligated to give it to him.

One who loans and takes a pledge, and one who hands over his debt documents to a court, [these debts] are not remitted. There are two types of situations discussed here. The first is a person who loans someone money and in return takes a pledge, an object of some value that he will return when the loan is repaid. Because he took a pledge the loan is not remitted. One reason for this may be that when he gets the money that he loaned back, it is as if he selling the pledge back to the debtor. The second situation is one who transfers his debts to the court so that the court will collect the debts on his behalf. He does this before the seventh year is over. The prohibition of collecting a debt after the seventh year falls on the individual creditor and not on the court. Thus the court can collect these debts on the creditor’s behalf without the debts being remitted by the seventh year. As we shall see in tomorrow’s mishnah, using this halakhah, Hillel invented away for people to avoid the remission of debts in the seventh year.

אין משמיטין – for since the Jewish court that made a religious decision regarding the money [is considered] as collected, and as if it reached his hand.

המלוה על המשכון – as it is written (Deuteronomy 15:3): “but you must remit whatever is due you” except for that “whatever is due you from your kinsman.”

והמוסר שטרותיו לב"ד – as it is written: “[but you must remit] whatever is due you from your kinsmen,” except for someone who hands over his bonds to a court [for collection] since the Jewish court has the obligation towards his brother.