ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Shevuos 43
(a) We extrapolate from 'Eser Gefanim Te'unos Masarti Lach ... Rebbi Meir
Mechayav' that Rebbi Meir holds 'Kol ha'Mechubar le'Karka Eino ke'Karka'.
The problem with this is - why he then needs to refer to a case where the
vines are laden. Why did he and the Rabbanan (who would then hold 'Kol
ha'Mechubar le'Karka ke'Karka Dami') not argue over empty vines?
(b) Rebbi Yossi b'Rebbi Chanina therefore, establishes our Mishnah by vines
that are due to be harvested - Rebbi Meir holds that the grapes are
considered picked, and the Rabbanan hold that they are not.
(a) Abaye attempts to qualify our Mishnah 'Ein Nishba'in Ela al Davar
she'be'Midah ... ', by confining it to where the claimant said 'Bayis' Stam,
but where he said 'Bayis Zeh Malei', where the amount is self-evident, the
debtor will be Chayav a Shevu'ah, even though the claimant did not verbalize
(b) Rava refutes Abaye's statement, based on the Seifa 'Zeh Omer ad ha'Ziz,
ve'Zeh Omer ad'ha'Chalon, Chayav' - since, according to Abaye, the Tana
ought to rather to have concluded 'Bameh Devarim Amurim, be'Bayis S'tam,
Aval 'be'Bayis Zeh Malei, Chayav'.
(c) Rava therefore concludes - that he is not Chayav a Shevu'ah until the
claimant claims Davar she'be'Midah, she'be'Mishkal ve'she'be'Minyan, and the
debtor likewise admits to the same.
(a) We cite a Beraisa in support of Rava. In a case where Reuven claims ...
1. ... a Kur of produce and Shimon denies it - the Tana rules Patur (because
he is a 'Kofer ba'Kol').
(b) The Beraisa ends with the 'Klal' requiring a Davar she'be'Midah ... ' on
the part of both the claimant and the debtor - which comes to exclude 'Bayis
Malei Zeh' (see Tosfos DH 'La'av la'Asuyi').
2. ... a large Menorah (or a large belt), and Shimon admits that he owes him
a small one - the Tana rules Patur.
3. ... a Menorah weighing ten Litrin, and Shimon admits that he owes him one
weighing five - the Tana rules Chayav.
(c) The reason for the Tana's ruling (Patur) in the case of a large Menorah
and a small one is - because it is a case of 'Ta'ano Chitin ve'Hodeh Lo
bi'Se'orin' (see Rashash).
(d) Initially, Rav Shmuel bar Rav Yitzchak establishes the case of the
Menorah of ten and five Litrin (where the Tana rules Chayav) - where Reuven
claims from Shimon a Menorah made of parts weighing ten Litrin, and Shimon
admits to the same Menorah, but with half the parts removed, weighing only
(a) We refute Rav Shmuel bar Rav Yitzchak's explanation from the case of a
large belt and a small one - where the Tana could also have ruled Chayav by
establishing it by a belt made of parts joined together, in the same way as
we established the case of Menorah (and since he did not do that, it is
clear that the Tana does want to deal with such a case).
(b) Rebbi Aba bar Mamal finally ascribes the Chiyuv in the case of the
Menorah of ten and five Litrin - to the fact that a Menorah of ten Litrin
can be filed down to five (in which case it will be 'mi'Miyn ha'Ta'anah').
(a) In a case where the creditor loses the security he received against the
loan and claims that the loan was a Sela, and the security was worth a
Shekel (half a Sela), if the debtor counters that it was worth ...
1. ... a Sela, and that he therefore owes him nothing - our Mishnah rules
that the debtor is Patur from a Shevu'ah.
(b) And in a case where the debtor claims that the security was worth two
Sela'im (in which case it is the creditor who owes him a Sela), and the
creditor counters that it was worth only ...
2. ... three Dinrim and he owes him one Dinar - the Tana rules that he is
Chayav a Shevu'ah.
1. ... one, and that they are quits - the Tana rules that the creditor is
Patur from a Shevu'ah.
(c) The Tana obligates the creditor (the guardian of the Pikadon) to swear
how much the Pikadon was worth, and not the debtor (the Pikadon's owner) -
because he is afraid that if the latter swears, the former will produce the
Pikadon, and prove the former a liar (disqualifying him from being a
witness, even though he may only have erred in his assessment).
2. ... five Dinrim and that he therefore owes him only one Dinar - he rules
that he pays him the Dinar and swears on the rest.
(a) Shmuel concludes that when the Tana states 'Mi Nishba, Mi she'ha'Piladon
Etzlo', he must be referring to the Reisha, where the creditor claims that
the debt exceeded the value of the Pikadon (and Rebbi Chiya bar Ashi and
Rebbi Yochanan concur with him) - because if he was referring to the Seifa,
the Kashya 'Mi Nishba' (as well as the answer 'Mi she'ha'Pikadon Etzlo')
would be meaningless, seeing as he is the onus of swearing lies on him
(b) In fact - it refers to the Seifa de'Reisha (the second of the two
cases), because the Reisha de'Reisha is a case of 'Kofer ba'Kol', where no
Shevu'ah is required.
(c) According to Rav Ashi, we do not switch the Shevu'ah at all, and it is
the debtor who swears how much the Pikadon is worth. According to him, when
the Tana ...
1. ... asks 'Mi Nishba', he means - who swears first, the debtor as to how
much the Pikadon was worth, or the creditor, that he does not have the
Pikadon in his possession.
2. ... answers Mi she'ha'Pikadon Etzlo' - he means that the creditor must
swear first to preempt the scenario where the debtor swears how much the
Pikadon is worth, and the creditor produces it to prove him wrong.
(a) Shmuel rules that if Reuven lends Shimon a thousand Zuz against a
security of the handle of a scythe - and the handle gets lost, Shimon is
Patur from paying ...
(b) ... because he accepted the handle as a security, which in effect, is in
lieu of payment of the loan.
(c) This does not mean that the debtor can turn round to the creditor and
tell him to keep the handle as payment of the loan - because, having
accepted it as a security only, Reuven retains the right to redeem his money
with it (after the specified time, or after thirty days in the case of a
S'tam Milveh) as long as it is available.
(a) In a case where Reuven received a security of two handles, and one of
them got lost, Shmuel would not issue the same ruling - because since they
did not stipulate that each handle covers half the loan, Reuven only needs
to pay for the lost handle, and he is still entitled to claim the full
(b) Rav Nachman disagrees. In his opinion - since Reuven received two
scythe-handles against the loan of a thousand Zuz, it is obvious that each
handle covers five hundred Zuz.
(c) He would however, agree with Shmuel - in a case where Shimon gave Reuven
a scythe handle and a piece of silver, because the piece of silver is
eligible to serve as payment, in which case it simply covers its own value
(see Tosfos DH 'Aval').
(d) According to the Neherda'i - even if Shimon gave Reuven the handle of a
scythe plus a piece of silver, each one would cover half the loan.
Consequently, if Reuven were to lose either of them, he would only be
entitled to five hundred Zuz.
(a) In a case where Reuven loses the security that he received against a
loan of a Sela, which he claims is worth a Shekel, if Shimon claims that it
is worth three Dinrim - our Mishnah rules that Shimon is Chayav a Shevu'ah.
(b) To reconcile this with Shmuel, who says 'Avad Kata de'Magla, Avad Kol
Ma'osav' - we establish the Mishnah when Reuven specifically stipulates that
he accepts the security only at its market value, whereas Shmuel speaks when
he accepted it S'tam.
(c) Rebbi Eliezer rules in a Beraisa that if Reuven loses the security, he
swears that he lost it, and claims his loan - Rebbi Akiva accepts Shimon's
claim that seeing as Reuven insisted on a security, having lost it, he loses
his right to claim.
(d) Rebbi Eliezer agrees - that if the loan is documented (in which case
Reuven has the automatic security of 'Shibud Karka'os'), the additional
security is intended as payment, and in the event that Reuven loses it, he
loses his right to claim.
(a) Rebbi Eliezer and Rebbi Akiva cannot be arguing over a security that is
equal in value to the amount of the loan - because if they were, Rebbi
Eliezer's ruling would be meaningless.
(b) In that case, they must be arguing when it is worth less (like the case
of Shmuel) - and we suggest that Rebbi Akiva follows the opinion of Shmuel,
whereas Rebbi Eliezer holds that no person in his right mind would accept a
security for more than it is worth.
(c) According to Rebbi Eliezer, the creditor is no more than a Shomer over
the security - a Shomer Chinam (which explains why he swears and is Patur).