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Shevuos 32

1a) [line 9] "V'CHICHESH BA'AMISO" - "[If a person sins, and commits treachery against HaSh-m,] and lies to his neighbor [about an object that was delivered to him to guard, or about [money given to him as] a loan, or about an object taken away by force, or he has defrauded his neighbor.]" (Vayikra 5:21)
b) [line 9] "V'CHICHESH BA'AMISO:" KOL D'HU! - from the words "v'Chichesh ba'Amiso" themselves we learn that any denial is sufficient for the case of Shevu'as ha'Pikadon (including, for example, when the plaintiff is running after the suspect and the suspect swears that he does not owe him any money); the word "Amar" of the Mishnah (Daf 36b) is obviously not a prerequisite for Shevu'as ha'Pikadon.

2) [line 21] "[V'NEFESH KI SECHETA V'SHAM'AH KOL ALAH V'HU ED O RA'AH O YADA,] IM LO YAGID V'NASA AVONO." - "[And if a person sins, and hears (and accepts) the demand for an oath, and he is a witness, whether he has seen or known of it,] if he does not utter it (i.e. testify), then he shall bear his iniquity." (Vayikra 5:1)

3) [line 25] "[V'HAYAH CHI YE'SHAM] L'ACHAS [ME'ELEH V'HISVADAH ASHER CHATA ALEHA.]" - "[And it shall be, when he shall be guilty] in one [of these things (mentioned above, verses 1-4), that he shall confess that he has sinned in that thing.]" (Vayikra 5:5) - The Sifra from which this Derasha is quoted (Perek 14, 316:1) refers to one of the three *sins* of Shevu'as ha'Edus, Tum'as Mikdash v'Kodashav or Shevu'as Bituy (RAV L. BERLIN). As such, it is difficult to understand how this word is being used to teach that one may be liable to multiple *Shevu'os* as long as they were made outside of Beis Din. (See PARDES YITZCHAK, who understands that the Gemara is referring to the word "l'Achas" from the verse dealing with Shevu'as *Bituy* (ibid. 5:4), which is also difficult, since our Gemara is referring to Shevu'as *ha'Edus*.)

4) [line 32] IY EFSHAR L'TZAMTZEM - it is impossible to be so precise The Tana'im argue as to whether it is possible for natural (i.e. not intentionally planned) events to occur simultaneously or not. For example, Rebbi Yosi rules that it is possible for the two witnesses to voice their denial of knowledge of evidence simultaneously while the Rabanan argue.

(a) "Toch Kedei Dibur" is the length of time that it takes for a student to say a greeting to his teacher (e.g. "Shalom Alecha Rebbi"). "K'Dibur Dami" means that within this small amount of time, we view an act or speech as not yet completed and still continuing.
(b) In the case of the testimony of witnesses, if two witnesses testified successively, each beginning his words within "Kedei Dibur" of the previous witness's testimony, then we consider the testimony to be "k'Echad," as stated in our Mishnah. "B'Zeh Achar Zeh" refers to a case where the second witnesses testified after "Kedei Dibur" of the previous witness. Their testimony is not considered "k'Echad" with regard to Shevu'as ha'Edus and the first witness is obligated to bring a Korban while the second one is exempt.

6a) [line 35] KEDEI SHE'EILAS TALMID L'RAV - the length of time that it takes for a student to say a greeting to his teacher (e.g. "Shalom Alecha Rebbi")
b) [line 35] (IKA D'AMREI KEDEI SHE'EILAS RAV L'SALMID) - some say that it is the length of time that it takes for a teacher to say a greeting to his student (e.g. "Shalom Alecha")

7) [line 37] KOL ECHAD V'ECHAD TOCH KEDEI DIBURO SHEL CHAVEIRO - each witness began his denial of knowledge of evidence within Toch Kedei Dibur of the end of the previous witness's denial

8) [line 41] SOTAH
(a) A Sotah is a woman who is suspected of committing adultery because she was warned by her husband not to seclude herself with a certain man and she violated the warning. The process of warning her in front of witnesses is called Kinuy. The witnesses who see her seclude herself with the suspected adulterer are called Eidei Stirah. The time of seclusion must be at least for the time that it takes to roast an egg and swallow it. The woman is forbidden to her husband and the alleged adulterer until she drinks Mei Sotah (see (d), below). If she committed adultery after not heeding the warning of two witnesses, she is put to death by Chenek (choking), as it states in the Torah (Devarim 22:22). One witness to adultery ("Ed Tum'ah) prevents her from drinking the Mei Sotah.
(b) After Kinuy and Stirah, the husband must bring his wife to the Beis ha'Mikdash to perform the ceremony of the Mei Sotah. On the way there, Beis Din appoints two Torah scholars to accompany them to make sure that they do not engage in marital relations, which are forbidden to them. Moreover, if the couple does have marital relations at this point, the Mei Sotah will not work, since the husband must be "Menukeh me'Avon," clear (lit. cleaned) of sin for the ceremony to work. The Gemara (Sotah 47b) explains that this means that he did not have relations with his wife from the time that she became prohibited to him or with any other woman (ever) who was prohibited to him (RASHI to Sotah ibid.)
(c) The couple brings a sacrifice consisting of 1/10 of an Eifah (approx. 2 quarts) of barley meal as a Minchah offering. In the Azarah of the Beis ha'Mikdash, a Kohen reads Parshas Sotah, the portion of the Torah describing the curses with which a Sotah is cursed, out loud (in any language that the Sotah understands) and makes the Sotah swear that she has been faithful to her husband.
(d) An earthenware jug is then filled with half a Lug of water from the Kiyor, and dirt from the floor of the Azarah is placed on top of the water. Parshas Sotah (that contains numerous appearances of Hash-m's name) is written on parchment and then immersed in the water, which causes the ink to dissolve, erasing the Holy Names. The Sotah afterwards drinks from the water. If she was unfaithful to her husband and allowed herself to become defiled, the water would enter her body and poison her, causing her belly to swell out and her thigh to rupture. If she was faithful to her husband, she remained unharmed and would be blessed that she would become pregnant (Bamidbar 5:11-31). In times when there is no Mei Sotah such as in the present day, a Sotah must be divorced and does not receive her Kesuvah.
(e) With regard to Shevu'as ha'Edus of witnesses to the different stages of Parshas Sotah, our Gemara explains Abaye's statement as follows: All agree that an Ed Tum'ah will be liable to bring a Korban, since by withholding his testimony he causes the husband a monetary loss of the value of the Kesuvah, which he would not have had to pay. All agree that Eidei Kinuy are exempt from a Korban, since their testimony is one step removed from causing the husband a monetary loss ("Gorem d'Gorem d'Mamon"). And there is an argument with regard to Eidei Stirah, since their testimony is "Gorem l'Mamon." (See below, entry #10, "Davar ha'Gorem l'Mamon.")

(a) A person who is required to take an oath in Beis Din but they have reason to suspect that he will lie if he swears (because he has a past history of swearing falsely or of gambling or other forms of theft) is called a "Chashud Al ha'Shevu'ah" and is prohibited from making Shevu'os.
(b) When Beis Din do not allow a person who is Chashud Al ha'Shevu'ah to swear, they redirect the Shevu'ah to the other litigant. For example, if a person admits to half of the claim against him requiring him to swear a Shevu'as Modeh b'Miktzas, but he is Chashud Al ha'Shevu'ah, then the person who made the claim against him may swear that his claim is true and collect what he claimed.

(a) Davar ha'Gorem l'Mamon refers to an object in which the owner has neither the right to eat it, use it or derive benefit from it in any way. Still, if this object is destroyed, it causes its owner a financial loss. Examples of this are: 1. An object that is Asur b'Hana'ah at present but will be Mutar b'Hana'ah in the future, such as Chametz on Pesach according to Rebbi Shimon, who permits its use after Pesach; 2. An item that one accepted to be Shomer (to care for and return it to its owner unharmed) that became Asur b'Hana'ah or invalidated from use while it is in the hands of the Shomer. In certain circumstances, if a Shomer returns such an item (although it is now worthless) to its owner, he is not responsible to replace it with an object of value.
(b) The Tana'im (Bava Kama 74b) argue as to whether a person who steals or damages such an item is liable to pay the owner for it or for the damages (since he caused the owner a financial loss) or not (since it is worthless at present in either case).
(c) Our Sugya considers the testimony that will exempt the husband from paying his wife's Kesuvah a Davar ha'Gorem l'Mamon. Withholding such testimony causes the husband a financial loss when he is required to pay his wife's Kesuvah.

11) [line 47] ED TUM'AH - see above, entry #8
12) [line 47] "V'ED EIN BAH" - "and there is no witness (i.e. a pair of witnesses) [to testify] against her" (Bamidbar 5:13)

13) [last line] EDEI KINUY - see above, entry #8
14) [last line] D'HAVAH GOREM D'GOREM - since it is one step removed from causing the husband a monetary loss


15) [line 1] EDEI SETIRAH - see above, entry #8

(a) See above, entry #9.
(b) When both litigants are Chashudin Al ha'Shevu'ah, Raboseinu shebe'Bavel (Rav and Shmuel) rule that "Chazrah Shevu'ah l'Sinai," that neither of them make a Shevu'ah and Beis Din does not extract the money (rather, we depend on HaSh-m to straighten out the monetary accounts). Raboseinu shebe'Eretz Yisrael (Rebbi Aba) rule that "Chazrah Shevu'ah l'Mechuyav Lah," that the obligation to swear reverts to the litigant who was required to make the Shevu'ah originally, and since he cannot swear, he pays (Shevu'os 47a).

17) [line 12] D'REBBI ABA - [the case] of Rebbi Aba (which is also known as Nascha d'Rebbi Aba - the bullion (a bar of metal such as silver or gold) that a certain person snatched, for which he was taken to Rebbi Ami's Beis Din. In that case, Rebbi Ami accepted the words of Rebbi Aba, who offered the decisive opinion in the case, as the Gemara proceeds to narrate.)

18) [line 12] D'CHATAF NASCHA - who snatched a bar of bullion

See Background to Shevuos 31:23:a.

20) [line 18] LISHTABA - [shall he] swear [that he did not grab it]

21) [line 19] HAVAH LEI K'GAZLAN - [for this Shevu'ah,] he is considered like a Gazlan (RASHI) (SHEVU'AH: PESUL GAZLAN)
A Gazlan (robber) is disqualified from giving testimony, as the verse states, "Al Tashes Yadecha Im Rasha Liheyos Ed Chamas" - "do not place your hand with the wicked to be a thieving witness" (Shemos 23:1). As such, if Beis Din learns (through testimony that was given or other evidence) that someone is a Gazlan, he is disqualified from giving testimony in Beis Din.

22) [line 22] ED MISAH - a witness to the death of a certain person, who, by withholding his testimony, causes the person's wife a financial loss since she is not able to collect the value of her Kesuvah from the person's heirs

23a) [line 24] D'AMAR LAH L'DIDAH - when he told her [about the death of her husband]
b) [line 25] V'LO AMAR LEHU L'VEIS DIN - but he did not testify about it in Beis Din

24) [line 26] HA'ISHAH SHE'AMRAH MES BA'ALI TINASEI; MES BA'ALI TISYA'BEM - a woman who testified that her husband died is permitted to remarry; a woman who testified that her husband died is required to perform Yibum or Chalitzah (See Background to Sanhedrin 31:30)

25) [line 29] MASHBI'A EDEI KARKA - one who induces witnesses to swear about a claim of real estate, for which there is normally no Shevu'ah, and for which the Amora'im argue as to whether such witnesses are required to bring a Korban Shevu'as ha'Edus (see Daf 37b). The claim of a woman for the value of her Kesuvah is considered a claim of real estate since the Kesuvah is normally paid with a parcel of land.

26) [line 30] DILMA DI'TEFISA METALTELEI - perhaps that woman took possession of moveable items of her husband while he was alive, and now she intends to keep them as a partial (or full) payment of her Kesuvah. As such, this is in reality not a claim of real estate but of moveable items, for which a Shevu'ah is required.

See above, entry #5.

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