Sheviis, Chapter 10, Mishnah 9 - the final mishnah of Maseches Sheviis. Thank you for joining us throughout the tractate, and we hope you will join us for Maseches Terumos, which is next in line.
The mishnah lists three acts that a person is not legally obligated to perform, and yet one who does perform them - "the Sages are pleased with him".
"Hamachazir chov ba'sheviis - ruach chachamim nochah heimenu" - one who repays a debt in the Sabbatical year, the Sages are pleased with him:
A borrower who repays his loan in the Sabbatical year - that is, after Shemittah has passed and cancelled the debt, so that he is no longer obligated to pay it - and nevertheless chooses to repay it, the Sages are pleased with him and with what he has done. This is a fitting thing to do.
"Haloveh min hager shenisgayru banav imo - lo yachazir l'vanav" - one who borrowed from a convert whose sons converted with him need not repay the sons:
A person who borrowed money from a convert whose sons converted along with him is not obligated to repay the loan to the sons after their father's death. The reason: since they converted together with him, they are not considered his relatives in halachic terms, for a convert has the status of a newborn child - like an infant who has just come into the world. Therefore, when the convert dies, his property and possessions are ownerless, and whoever takes hold of them may keep them for himself.
Accordingly, the money I owe the convert is already in my hands, and technically I am permitted to keep it. I am under no obligation to return it to the estate, since his estate is ownerless and available to anyone, and by law I need not repay his sons what I obligated myself to pay their father during his lifetime. Even so - "V'im hechezir, ruach chachamim nochah heimenu": if he did repay the loan to the sons, the Sages are pleased with what he has done.
"Kol hamitaltelin niknin bimshichah" - all movable objects are acquired through meshichah:
Every movable item is acquired through an act of meshichah - by physically drawing the object to oneself. Handing over money alone does not acquire movable property, and therefore one who pays money for a movable item may, by strict law, retract and cancel the sale.
The Sages, however, imposed a certain curse upon one who retracts. The court says to the person who paid the money but did not perform meshichah: "Mi shepara me'anshei dor hamabul u'midor haflagah - hu asid l'hipara mimi she'eino omed b'dibburo". In other words, the One who exacted payment from the generation of the Flood and from the generation of the Dispersion will likewise exact payment from one who does not stand by his word. From here we learn that it is improper to back out of an agreement.
The mishnah adds a further step: "V'chol hamekayem es d'varo - ruach chachamim nochah heimenu". This refers to someone who merely gave his word, without drawing the object and without paying any money at all. If he said that he intends to buy the item, he should stand by his word and complete the purchase, and when he does so, the Sages are pleased with him, for a person must keep his word.
In summary: in this mishnah the Sages listed three acts from which a person is legally exempt, and yet the Sages are pleased with one who performs them: repaying a debt that was cancelled by the Sabbatical year; repaying the sons of a convert whose sons converted with him, even though the convert's estate is ownerless; and standing by one's word in the purchase of movable property, even though no meshichah was performed and no money was paid.
Thank you once again for joining us for Maseches Sheviis.