I have an idea on a way to answer the question the Maharasha asks on the Maharshal. The main idea is based on the statement of Shmuel on page 113 that a messenger of the court can not go into the house of the borrower to take a pledge when the time to repay the loan has come and the borrower has not yet paid. Rav Joseph asks on Shmuel from two verses about a widow and a mill stone that one can not take either and it uses the word לא תחבול "do not take the pledge of a widow". The word implies going into the house. The Gemara answers for the widow and millstone the messenger of the court transgress two prohibitions while for any other borrower only one prohibition.
The Tosphot asks why does the Gemara not ask from the mishna on pg 115? and they answer that the answer would be the same as it gives for the question of Rav Joseph.
The Maharshal says Rav Joseph is asking from two braitot. The maharsha says the question of Tosphot is not like the Maharshal thought to be on Rav Joseph but on the later Gemara that does ask from two braitot.
As you know I have no computer to be able to spend time writing this so I can only write in short my basic idea. My idea is this. That we can answer for the Maharshal thus: the Gemara would not have wanted to ask from the Mishna after the question of Rav Joseph from two verses because in fact the answer would have been the same as the answer for Rav Joseph while the question that the Gemara in fact asks later from a braita the Gemara makes progress--it discovers that there is an argumentbetween the Tenaim about the opinion of Shmuel. Therefore it makes more sense to say the question obn Tosphot is in fact on Rav josph himself.
Sorry if this is not clear enough but if you look up the Maharsha you will see easily my point here.
The Tosphot asks why does the Gemara not ask from the mishna on pg 115? and they answer that the answer would be the same as it gives for the question of Rav Joseph.
The Maharshal says Rav Joseph is asking from two braitot. The maharsha says the question of Tosphot is not like the Maharshal thought to be on Rav Joseph but on the later Gemara that does ask from two braitot.
As you know I have no computer to be able to spend time writing this so I can only write in short my basic idea. My idea is this. That we can answer for the Maharshal thus: the Gemara would not have wanted to ask from the Mishna after the question of Rav Joseph from two verses because in fact the answer would have been the same as the answer for Rav Joseph while the question that the Gemara in fact asks later from a braita the Gemara makes progress--it discovers that there is an argumentbetween the Tenaim about the opinion of Shmuel. Therefore it makes more sense to say the question obn Tosphot is in fact on Rav josph himself.
Sorry if this is not clear enough but if you look up the Maharsha you will see easily my point here.
