כתובות 108:1 — Soncino English Talmud

the latter may nevertheless pay for him his shekel, repay his debt and restore to him any object he may have lost; but where a reward is taken, the benefit is to be given to the sacred funds. Now, one can well be satisfied [with the ruling that] he may 'pay for him his shekel' [because by this payment] he merely performs a religious act, for it was taught: It is lawful to withdraw [from the funds of the Temple treasury] on the account of that which was lost, collected or about to be collected; and [the ruling that he may] restore to him any object he may have lost' [is also intelligible since thereby] also he is performing a religious duty; but [how could he be permitted to] 'repay his debt' [when thereby] he undoubtedly benefits him? — R. Oshaia replied: 'This ruling is that of Hanan who said: HE LOSES HIS MONEY. Raba, however, replied: The ruling may be said [to agree even with the view of] the Rabbis, for here we are dealing [with the case of a man] who borrowed money on the condition that he does not repay it [except when he is inclined to do so]. It is well that Raba does not give the same reply as R. Oshaia, since [he wishes] the ruling to agree even with the opinion of the Rabbis. On what ground, however, does not R. Oshaia [wish to] give the same reply as Raba? — R. Oshaia can answer you: Granted that he has no actual benefit;^ᵃ^ᵇ^ᶜ^ᵈ^ᵉ^ᶠ^ᵍ^ʰ^ⁱ^ʲ^ᵏ^ˡ^ᵐ^ⁿ^ᵒ^ᵖ^ᵠ^ʳ^ˢ^ᵗ^ᵘ

^ᵃnote:His annual contribution to the fund for congregational sacrifices. According to Tosaf. (s.v. [H]) provided it was lost on its way to the Temple treasury, v. infra n. 10.
^ᵇnote:Which he may be owing to a third party.
^ᶜnote:For the return of a lost object; and this man either refuses to take it or where he, too, is forbidden by vow to derive any benefit from the other man, v. Ned. 33a.
^ᵈnote:Lit., 'shall fall'.
^ᵉnote:Ned. 33a. The other may not retain the amount of the reward since it is legally due to the man from whom he is forbidden to derive any benefit.
^ᶠnote:And confers no benefit upon the other.
^ᵍnote:Cf. marginal note and Tosaf. B.M. 58a s.v. [H]. Cur. edd. 'we learned'.
^ʰnote:[H], (rt. [H], 'to lift', 'separate'). Such withdrawals were made three times a year (cf. Shek. III, i).
^ⁱnote:Sc. the man whose shekel was lost has a share in the sacrifices purchased out of the funds as if his contribution had actually reached the treasury. According to Tosaf. (loc. cit.); provided it had been handed by him to the Temple treasurer, and it was lost after the withdrawal in the Temple had taken place.
^ʲnote:By an agent who lost it on the way. According to Tosaf., after the withdrawal in the Temple had taken place. Cf. supra note 10).
^ᵏnote:B.M. 58a. From the first two mentioned cases it thus follows that the man whose shekel was lost (cf. notes 10 and 11) gains no benefit from the generosity of the man who paid his shekel in the circumstances mentioned (cf. supra note 2).
^ˡnote:And the question of conferring a benefit upon the other does not arise. His object is not the benefit of the man but the religious act.
^ᵐnote:[H], (rt. [H], Hithpa.) 'to take root'.
^ⁿnote:That he may 'repay his debt'.
^ᵒnote:Lit.,'who is it?'
^ᵖnote:Similarly anyone who repays a stranger's debt cannot reclaim it from him. Such a debtor, it follows, is not regarded as the recipient of the amount repaid. For the same reason he cannot be regarded as the recipient of a benefit.
^ᵠnote:Who hold a man liable for any expenses any. body may have incurred on his behalf.
^ʳnote:Lit., 'here in what?'
^ˢnote:V. Ned. Sonc. ed. p. 102, n. 5. Since the creditor in such circumstances can never exact payment from the debtor, any man who repays it confers no real benefit upon him.
^ᵗnote:In the circumstances mentioned (cf. supra n. 7).
^ᵘnote:From the repayment of the debt.