Reply To: Halacha and Mishna and Gemara questions

*MISHTARSHI LEI*

This is a concept that one derives benefit from a certain action, he must have extra obligations. Like for example, it is said in Masechta Gitin 44a that ‘If

the king’s officials come and take away from one’s grainstack as collateral for a debt that is owed to the government, one must seperate maaser. But if one tries to

take away grain by force, such as a robber, one need not seperate maaser. This is compared to the case of if a goy takes away one’s Eved Canaani, whether as

collateral for debt or not, if he must grant freedom. This comparison is refuted because, as the Gemara says, ‘Mishtarshi Lei’. One has benefited. He is happy that

he has gotten the debt off him (Rashi). This type of Mishtarshi Lei, of getting a debt off one’s back, is also shown in Masechta Avodah Zarah 1a, in the case that

one must not trade with a goy, pay back or ask for payment of loans or debts, whether of animals or objects, or of money, 3 days before and after an idolatrous

festival, since the goy will go thank his idol for the sustenance. Rabbi Yehuda there says that one may collect a debt, since this puts the goy in pain at losing money.

But the Rabanan say that the goy will go thank his idol out of happiness, since he got the debt off him.

QUESTION #1: BUT WHAT IS DIFFERENT FROM THE KING’S OFFICERS GETTING THE COLLATERAL FOR THE DEBT, AND THE GOY GETTING THE

SLAVES AS COLLATERAL?

ANSWER #1: THE ANSWER CAN ALSO BE FOUND IN THE GEMARA IN MASECHTA AVODAH ZARAH 20a, THAT THE MITZVAH IN THE TORAH,

REFERRING TO THE GOYIM IN ERETZ YISRAEL, SAYS LO SECHANEIM. ONE OF THE THREE INTERPRETATIONS IS: DO NOT GIVE THEM A

FOOTHOLD IN THE LAND. IS NOT GIVING A SLAVE AWAY GIVING A FOOTHOLD IN THE LAND? THUS THERE IS ONLY LOSS, NOT A BENEFIT.

this is just an example of mishtarshi lei

Thanks, David S.