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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Makos 3


(a) When Rav Yehudah Amar Rav says 'Eid Zomem Meshalem L'fi Chelko', why can he not mean to say that each of the false witnesses must pay a half?

(b) What might the word 'Meshalshin' used by the Mishnah later, mean?

(c) What objection do we raise against the suggestion that what the Tana means is that if ...

  1. ... only one of the witnesses becomes a Zomem, he is obligated to pay the second witness's portion too?
  2. ... one of them confesses that he testified falsely (and that Reuven does not really owe Shimon the money at all)?
  3. ... one of them admits that thy both testified in another Beis-Din and were declared Zomemin?
(d) In the above-mentioned case where one of the witnesses confesses that he testified falsely (and that Reuven does not really owe Shimon the money at all), why would he Chayav to pay anyway? What does that have to do with Eidim Zomemin?
2) How then, do we establish the Mishnah? What is the Chidush?


(a) Our Mishnah discusses a case where two witnesses claimed that Reuven had divorced his wife, and were then proven to be Zomemin.
What monetary loss are they now obligated to pay?

(b) What problem do we have with assessing it?

(c) So how *do* we assess it?

(a) The stakes that Reuven has in the Kesuvah are more than those of his wife.
Why is that?

(b) Why can we not extrapolate from the Tana, who says 'she'Im Nis'armelah ... ', that the Eidim Zomemin must pay the equivalent of the woman's stakes in the Kesuvah?

(c) So what does 'Z'chus S'feikah' to which the Tana seems to be referring?

(d) Which opinion is therefore the more stringent, that of Rav Chisda, who holds 'Shamin be'Ba'al' or that of Rav Nasan bar Oshaya, who says 'ba'Ishah'?

(a) What does Rav Papa mean when he adds 'ba'Ishah u'vi'Kesuvasah'? What is he coming to preclude?

(b) Why is that?

(c) How else might we interpret ...

  1. ... 'be'Ba'al'?
  2. ... 'be'Ishah u'vi'Kesuvasah'?
(d) On what grounds do we reject this explanation?
6) What does our Mishnah say about witnesses who testify that Reuven owes Shimon a thousand Zuz to be paid within thirty days, should they become Zomemin, when Reuven admits to the loan, but claims that he has ten years in which to pay?

Answers to questions



(a) Why is a debt that is not claimable, not subject to release in the Sh'mitah?

(b) What does Rav Yehudah Amar Shmuel rule regarding a ten-year loan, which is not yet payable at the termination of the Sh'mitah?

(c) What problem does Rav Kahana have with this from our Mishnah?

(d) Rava answers by establishing our Mishnah like the Mishnah in Shevi'is.
What does the Tana say there with regard to someone who lends money against a security or who hands his documents to the Beis-Din (Hillel's P'ruzbul)?

(a) What does the second Lashon of Rav Yehudah Amar Shmuel hold?

(b) How does ...

  1. ... Rav Kahana now try to prove this from our Mishnah?
  2. ... Rava refute Rav Kahana's proof?
(a) How do we initially explain the statement of Rav Yehudah Amar Shmuel 'ha'Omer la'Chavero al-M'nas she'Lo Tashmiteni Shevi'is, Meshametes'? On what principle do we initially think this ruling is based?

(b) There is a problem with this however, from another ruling of Shmuel. According to Rav, if Reuven sells Shimon an object 'al-M'nas she'Ein Lecha Alai Ona'ah, Ein Lo Alav Ana'ah'.
What does Shmuel say?

(c) Based on a statement of Rav Anan, what distinction does Shmuel draw between a case where one says ...

  1. ... 'al-M'nas she'Ein Lecha *Alai* Ona'ah' and where he says 'Ein *Bo* Ona'ah'?
  2. ... 'al-M'nas she'Lo Tashmiteni *ba'Shevi'is'* and where he says 'al-M'nas she'Lo Tashmiteni *Shevi'is'*?
(d) On what basis is 'al-M'nas she'Ein Lecha Alai Ona'ah' and 'al-M'nas she'Lo Tashmiteni ba'Shevi'is' permitted (see Tosfos)?
(a) We learned in a Beraisa that if Reuven lends Shimon money S'tam, he may not claim the money before thirty days. Rabah bar bar Chanah confined this ruling to a Milveh bi'Shtar.
What is then the reason behind it?

(b) What did Rav, quoting his uncle, retort? Who was Rav's uncle?

(a) Shmuel instructed Rav Masna to find the reason for the Tana's ruling.
What did he add to those instructions?

(b) How did Rav Masna extrapolate the reason from the Pasuk in Re'ei "Karvah Sh'nas ha'Sheva Sh'nas ha'Shemitah"? How did he interpret the superfluous words "Sh'nas ha'Shemitah"?

(c) What principle (upon which Rav Masna's findings were based) did Mar derive from the Pasuk?

(a) What did Rav Yehudah Amar Rav say about creating an opening for the neck in a shirt on Shabbos?

(b) What will the Din be with regard to opening the lid of a barrel that has been cemented to the barrel, on Shabbos?

(c) What did Rav Yehudah reply, when Rav Kahana asked to explain the difference?

(d) Why is this Sugya (as well as the next one) brought here?

(a) What does Rav Yehudah Amar Rav say about three Lugin of water into which a Kortov (a small measure) of wine fell, that fell into a Mikvah?

(b) Will it make any difference whether the water resembles water or wine?

(c) What would be the Din if three Lugin of colored water fell into a Mikvah?

(d) What did Rav Yehudah reply when Rav Kahana asked him to explain the difference?

(e) How does Rava reconcile Rav with the Beraisa quoted by Rebbi Chiya which rules that the Mikvah is Pasul?

Answers to questions

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