Gittin 30: Unforeseen Circumstances; Repaying Loans After a Parent Dies in Debt

When an agent - or a husband - is delayed in delivering the get due to unforeseen circumstances, what happens to the get?  For example, if a husband misses his ferry after telling his wife that they will be divorced if he does not return within thirty days, is the get valid?  If the husband wishes to appease his wife with money but she will not be appeased, does the get hold?  The rabbis are concerned about virtuous women refusing to remarry because they have not received the get within very stringent limitations. They decide that if unforeseen circumstances could have been foreseen -- for example, if the ferry is often a problem -- then the husband is at fault and the get continues to be valid regardless of his current intention.  

A new Mishna continues an earlier conversation about the effects of the death of one party on a gift or a loan.  An example is the provision of a loan for a Kohen, a Levite or a poor person.  If those people change status in some way, the original loan agreement holds.  If one of them dies, the lender must contact his heirs to ensure that other laws are not forgotten.  The Gemara considers issues including interest accrued (which is not permitted), shemita (which cancels all loans), whether one can renege on a loan in these circumstances (which is not permitted) and what to do about separating teruma and tithes from such loans.

We learn that going back on a loan is permitted halachically before the borrowed item has been 'pulled' or 'lifted' from the lender.  However, a note teaches us that this is considered to be ethically reprehensible and that the courts will curse a person who reneges.

The Gemara discusses laws around poor people and how they might differ for Jews, Samaritans and other Gentiles.  Part of the determination of whether to continue to separate tithes and teruma in the case of a death of the receiver has to do with what is 'common'.  Rav Pappa shares a folk saying about what is common and what is uncommon: When we are told that a friend has died, we believe it.  But when we are told that a friend has become wealthy, we have to check.

Today's daf ends with a conversation about separating the teruma from the tithe when it comes to real estate or other objects of value after a person has died.  What are the considerations regarding these obligations?  One story tells of Rabbi Akiva's ruling when orphans are left with a tiny piece of land that do not cover their deceased parents' debts.  He decides that the lender should take the land, and the orphans should but the land back.  The lender should then repossess the land while the orphans buy it back again.  This should continue until the orphans have paid back their parents' loan.