*25.1 Makkos Daf 16 A (10 lines Up)*

*25.1 Makkos Daf 16 A (10 lines Up)**Today’s learning sponsored*לעילוי נשמת זקינתי האשה החשובה מרת יוטל בת ר' יוסף ע"ה, תנצב"הSponsor a day's learning (thousands of minutes!) for only $50 click hereRabbi Yochanan: Shiluach Hakan is one of only two _lav hanitak l’esehs_ that have the possibility of carrying a malkos penalty.Rabbi Elazar, the other one is Oneis.Challenge: How can an oneis receive _malkos_ if we hold _bitlo v’lo bitlo?!_*Summary**Rav Shimi of Chozna’ah:* If the ex-husband *accepted _kiddushin_ on her behalf,* he has ruined his opportunity to marry her.*Rava:* If she authorized him to accept the _kiddushin,_ then *she is the one* who ruined his opportunity [and he does not receive _malkos_ ]. If he wasn’t authorized, *his actions have no validity!**Rav Shimi of Neharda’a:* In a case where the husband makes *a public _neder_* not to benefit from her, he can no longer marry her and he has ruined his opportunity.*Challenge:* Whether *a _public_ neder can be revoked* is a matter of dispute. If it can be revoked, this husband has not ruined his opportunity.*Resolution:* It’s a case where the husband made *a _neder al daas rabim_* _(contingent on the public’s opinion, this cannot be revoked since the entire public - every jew - would have to be consulted for his opinion)_ as per Ameimar.*Ameimar:* A public _neder_ can be revoked. *A _neder_ contingent on the public’s opinion cannot be revoked.**Challenge: Are there no more than two* _lav hanitak l’esehs_ that have the possibility of carrying a _malkos_ penalty?*What about _gezel_ ?* The Torah states “Do not steal” and “Return what was stolen”.*Or a _mashkon_ ?* The Torah states “Do not enter his house to collect a collateral” and “You should return it”.Both of these cases *can incur the malkos penalty even according to _bitlo v’lo bitlo,_* in a case where the stolen object or the collateral is destroyed.*Resolution: Since these are cases of monetary obligation, he does not receive _malkos_* (5.3). [Tosfos: Even if he destroyed the stolen item, he always has an obligation to pay].*Challenge:* What about *the collateral of a _ger_ ?* [When a _ger_ passes away without children there are no heirs, and he can no longer pay it back].*Resolution: He has not ruined his opportunity of fulfilling the _eseh,_* it was ruined by the _ger’s_ death. See acast.com/privacy for privacy and opt-out information. This podcast has been graciously sponsored by JewishPodcasts.fm. There is much overhead to maintain this service so please help us continue our goal of helping Jewish lecturers become podcasters and support us with a donation: https://thechesedfund.com/jewishpodcasts/donate