The Machlokes Rashi & Tosfos Is the Debter Obligating Himself With a New Obligation

recording in progress okay good morning friends okay we interesting Su this is going on the gamar we actually didn't have a chance to review it yesterday the gamar says on the firstar on the new par um someone who says to his friend I am to you one m so he obligates himself to a m soar says says and says you are let me get up the mar here um share okay here so um what's the case if he tells the people standing you are my Witnesses my the reasoning of if he doesn't say you are my Witnesses what's the reason for who says says really we're talking about where he didn't say to him what are we talking about where he says to him I am obligated to you a in a says because the star is strong enough as if he said to them you are my Witnesses so we're not talking about where a guy designated ad and said you are my that I'm but rather he wrote in AAR that he's and he gave it over to let's see Rashi the Rashi on this is not so clear so I hope if you have the gar in front of you he gave him he gave the Creditor AAR before to a him the and it written in the I am even though it's his handwriting but he didn't sign it P normally if there's just like without this that we learned in a mish if he pulls out his that you could collect from that's when he signed it so there no a on it but he signed it so then he could collect from a person could write his signature on but not on parchment it might be found and in the gar the gar earlier that if you write in your own handwriting that you're it's a validar that's if you sign it but if it was never signed then just AAR and I owe you I owe plenty money you cannot collect with it so in this case it's a that he and he didn't sign it but he did give it it to the Creditor and he gave it in front of a so the question is is the fact that it's an AAR is it like since he handed it to the guy in front of ad is it like he said that's how Rashi learns presumably what this means is presumably what this means is that he is being that he owes money not this creates the this is a proof that he previously owed money not that he's being himself with thear but that he wants thear to serve as proof that he in the past had this his that's how Rashi learned not that he's Mo with thear but thear serves as evidence that this exists brings okay is talking about without an admission he wasn't anything to him in the beginning that which he says I am it's a complete he signed it not like Rashi that he didn't sign it he signed it he wants to be and obligate himself with the rash learns he's not himself with thear he was already thear will serve as evidence that he was already to learns that he wants to himself with the so learns that he signed it this is what they argue on learns that the is strong to be M like if you would be before and a few um a little later on the line to says well wait a second you could be a she with AAR think about it when you're you're not you're could you be with is not says since you to ride a there are things that you could transfer even with so is bothered how could you be M or with says since you to write thear you let's see the r someone who obligates himself monetarily to someone else without any stipulation even though until now he wasn't anything now you're this is a so the ram learns that you could be yourself with even if there aren't or he said in front of he said in front of I am since he said he said in front of I am to in the or he wrote in the in all of these cases it's as if he said you should be and he has to pay even though they're both agree even though they both agree and the know there was no his they he never owed the money but now he's himself just like a cosigner an wasn't but he's M himself so just like a co-signer could be M himself for my loan I could be M myself for a loone that never happened so the ram is taking it further than tus cuz tus is learning the guy wrote and signed thear and handed it in front of aam here the ran paskins someone who says to be that I'm to or he wrote in even if they're not a or he said in front of am even though he didn't say says the mag Mish where did the r get this from look in the the sources and says and the answers you didn't say says so now Rashi learned you wrote in AAR that and you gave it in front of Adam but the r says he wrote in the even though there aren't and the says this explains not like Rashi that he himself to a previous loan he's M himself now to a loan that never happened he's himself to the guy because if we're talking about and we're talking about where he denies after having already admitted meaning according to Rashi what's the case the case is the guy is saying that he's of the money that he previously borrowed well if he says that so then he should have to pay it oh no it has to be talking about where now he denies it well then that's an important piece of information that's missing from the gar in other words the reason why to argues on Rashi according to Rashi with the guy's admitting to a previous debt then of course he has to pay oh no he's denying it now well why didn't the gamar say that the case is he's denying it now so the ra also learns he's himself in a new debt cuz if he is M himself in an old debt then the case has to be where he's denying it the should have said he denies it so comes out oh we have three opinions this did not come out clear this you I'll try to read it um the points out we have three he says number one he wrote in his Handwriting Without a signature as way of admission in the do we say since the admission is written in that's a valid or could you even on a admission in could the guy say I wrote in thear I was just joking so holds that you can't say I'm just fooling around even though he didn't say is significant enough that the guy can't say I was fooling around when I admitted and Rashi adds that we're talking about where you gave over the thear in front of AD ADM and he brings the that if he didn't hand it over in front of AD there's no real H meaning AAR alone would not be a valid H it's in conjunction with the fact that you gave it over in front of AD the she is that in the hav know we're talking about an admission for a past debt but in the end when we say it's talking about you're coming to and the question is could you through a or do we say is it like not now he brings from the r and the that why didn't Rashi want to learn like T that were that new because rash holds it's not because which is not by the way you could argue and say maybe Rashi would agree to that potentially you could be but since the havo was talking about a previous death so the Masashi felds we're not falling off of that we're we're still talking about a previous that the rambam the third way to learn the gumar and the Rama learns the um the gar kapas that you're m in front of that you're and even though there's no there's a even though you didn't say since you said you're the it's as if you say so according to the rabam again according to we're talking about and the question is could you according to the rambam we're talking about your in front of that to your friend a I'm not sure how is the rambam different then tsus you see tsus learns that the his through Kenyan the rambam seems to say is without thear but the guy saying that he's in thear me learns the is creating the his according to the rambam it's the that's creating so that's like saying or he wrote so according to the r it's not thear that's creating this it's the by saying that I have in the that creates a new I just want to point out uh just one thing the Shak the Shak says why didn't Rashi learn that we're talking about where he's M himself now why does Rashi say we're talking about where he is admitting to a past Deb so the Shak says because Rashi would hold that you can't be mo at his says according to in all circumstances it doesn't help if you're now someone who is coming to be and saying that he's not in a situation where there's no marriage even though he writes AAR signed Rashi holds you can't transfer so at least these are two basic ways of learning the gamar Rashi learns the guy's admitting to a past Deb and to says the guy is M himself now according to to the Kyon is through thear the rambam seems to learn the Kenyan is not through thear the Kenyon is through the Amir when you say that there is a through AAR okay these are the various ways of learning this Su um terms of this week uh Monday and Tuesday yeah but next week I am uh I'm away a little bit so I think I'm going to try to do an tonight this tonight's is extremely short it will probably be around 8:30 tonight okay call to have a good day do well