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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Shevuos 34


(a) Rebbi Shimon queries the above 'Kal va'Chomer' (confining Shevu'as ha'Eidus to a monetory claim from Shevu'as ha'Pikadon) with a double Pircha.
Which two Chumros does Shevu'as ha'Eidus have over Shevu'as ha'Pikadon?

(b) So he finally learns it from the 'Gezeirah-Shavah' "Secheta" "Secheta". Where (besides by Shevu'as ha'Eidus) is "Secheta" written?

(c) Rebbi Eliezer in the Beraisa learnt this Halachah from the 'O'in' of Shevu'as ha'Pikadon.
How does Rabah bar Ula query that from Shevu'as Bituy?

(d) How do we counter the argument that it is better to learn "Secheta" "Secheta" from Shevu'as ha'Pikadon? In what way is Shevu'as more comparable to Shevu'as Bituy than it is to Shevu'as ha'Pikadon?

(a) And we conclude that Rebbi Eliezer would sooner learn Eidus from Pikadon because of 'Chet, be'Meizid, Tav'eih, Kafreih, ve'Avreih'.
What does 've'Avreih' mean?

(b) We counter this with the fact that Shevu'as Bituy is similar to Shevu'as ha'Eidus as regards 'Chatas she'Yardah le'Chomesh'. 'Chatas' means that Shevu'as Eidus and Shevu'as Bituy are both Chayav Chatas (as opposed to Shevu'as ha'Pikadon, which is Chayav Asham).
What is the meaning of ...

  1. ... 'she'Yardah'?
  2. ... 'le'Chomesh'?
(c) How do we conclude? To which of the two do we in fact, compare Shevu'as ha'Eidus?
(a) Rebbi Akiva in the Beraisa, learns Tevi'as Mamon by Shevu'as ha'Eidus from "Vehayah Ki Ye'sham le'Achas *me'Eileh*". Bearing in mind that Mamon is not hinted here (in which case, we might as well include Isur and preclude Mamon), what is his main source?

(b) So in which point does Rebbi Akiva argue with Rebbi Eliezer? What does "me'Eileh" come to preclude?

(c) According to Rebbi Yochanan, it comes to preclude Eidei K'nas.
What forces him to say that? Why can he not learn 'Ika Beineihu, Mashbi'a Eidei Karka', like we answered initially?

(a) What does Rebbi Acha say about a dead camel that is found beside a kicking one?

(b) What else might 'Gamal ha'Ocher bein ha'Gemalim' mean?

(c) Based on the Beraisa of Rebbi Shimon ben Shetach, we prove that Rebbi Yossi Hagelili, who Darshens ''ve'Hu Ra'ah O Yada", cannot hold like Rebbi Acha.
What happened with Rebbi Shimon ben Shetach?

(d) What did he say to the man?

(e) What happened to the murderer?

(a) How do we try to extrapolate from the above episode that Rebbi Yossi Hagelili cannot hold like Rebbi Acha?

(b) We answer that even though 'Yedi'ah without Re'iyah' is applicable, 'Re'iyah without Yedi'ah' is not (and Rebbi Yossi Hagelili requires both possibilities).
What would be a case of 'Re'iyah without Yedi'ah'?

(c) Why would the murderer not be Chayav in such a case?

(a) Based on what we have just learned, we try to prove that Rebbi Yossi Hagelili must hold 'Mashbi'a Eidei K'nas Patur', because whereas 'Yedi'ah be'Lo Re'iyah' is applicable (e.g. if they followed a Besulah into a ruin, and discovered that she was a Be'ulah [Ritva]), 'Re'iyah be'Lo Yedi'ah' is not.
Why not?

(b) What are the ramifications of this ruling?

(a) What She'eilah did Rav Yehudah ask concerning a case where Reuven counted out a Manah in front of Shimon in the form of a loan? Where were the witnesses?

(b) What did Rav Hamnuna (Rav Yehudah's Talmid) comment?

(c) What was Rav Yehudah's response?

Answers to questions



(a) What did Shimon respond when Reuven claimed that he had lent him money beside a certain pillar?

(b) On what grounds did Rav Nachman disagree with Resh Lakish, who, based on the testimony of two witnesses who had seen him urinate at that very spot, ruled that Shimon had lied and that he was obligated to pay? How did he refer to Resh Lakish's ruling?

(c) What did Rav Nachman himself rule in a similar incident, but where the defendant specifically claimed that he had *never* stood beside that pillar?

(d) On what grounds did Rava disagree with Rav Nachman?

(a) In the Beraisa still under discussion, Rebbi Shimon learns from "Secheta" "Secheta" from Shevu'as ha'Pikadon, that Shevu'as ha'Eidus is confined to monetary issues .
How did the B'nei Eretz Yisrael respond to that?

(b) What problem did they have with it, based on the fact that Rebbi Shimon himself cites it in response to his own Kashya on his original 'Kal va'Chomer' 'Mah le'Pikadon she'Kein Lo Asah Bo Mushba ke'Nishba ... '?

(c) After refuting the previous Kashya on the grounds that Rebbi Shimon may learn Nishba by Eidus from a 'Kal va'Chomer' from Mushba (and not from the 'Gezeirah-Shavah'), we switch the problem to the second part of Rebbi Shimon's Kashya 'Mah le'Pikadon she'Kein Lo Asah Bo ... Meizid ke'Shogeg ... '.
What is the problem with that?

(d) On what grounds do we attempt to refute Rav Huna's answer that Rebbi Shimon learns Shogeg by Pikadon from Me'ilah (at the same time revealing the cause of the B'nei Ma'arva's mirth)?

(a) What do we mean when we back Rav Huna on the basis of 'she'Kein Me'ilah mi'Me'ilah'?

(b) Faced with "Secheta" "Secheta" (from Eidus), we reply 'she'Kein Me'ilah, ba'Kol, Neheneh, be'Kavu'a, Chomesh ve'Asham'.
What do we mean by ...

  1. ... 'ba'Kol'?
  2. ... 'Neheneh'?
(c) We counter this with 'Aderaba, me'Eidus Havah Leih Lemeilaf, she'Kein Chet, Hedyot, bi'Shevu'ah, Tav'eih ve'Kafreih ve'O'in'.
What do we mean by Hedyot?

(d) Both appear to contain six advantages, so how can we conclude 'Hanach (those of Me'ilah) Nefishan'?

(a) So Rav Papa and Rav Huna B'rei de'Rav Yehoshua try afresh to establish the source of B'nei Ma'arva's mirth.
What do they ask on Rebbi Shimon's initial Kashya 'Mah le'Pikadon she'Kein Lo Asah Bo Mushba ke'Nishba, Meizid ke'Shogeg'?

(b) How do we attempt to answer this Kashya?

(c) We answer with a statement of Rav bar Isi.
What did Rava bar Isi say about the Mishnah 'Shevu'as ha'Pikadon Lo Nitan Zedonah la'Kaparah' (meaning that Meizid is precluded from the Asham Gezeilos that Pikadon is obligated to bring)?

(a) We finally concede that Rebbi Shimon precludes Shevu'as ha'Pikadon from Meizid, from the 'Gezeirah-Shavah from Me'ilah, as we explained earlier.
What does he say with regard to 'Mushba ke'Nishba' by Shevu'as ha'Pikadon?

(b) And we pinpoint the B'nei Ma'arva's objection, not to Rebbi Shimon's opinion regarding Shevu'as ha'Pikadon, but rather to his opinion regarding Shevu'as ha'Eidus ('she'Kein Asah bo Meizid ka'Shogeg').
What is the problem there, that caused the B'nei Ma'arva to laugh?

(c) On what grounds do we refute their opinion? How do we justify Rebbi Shimon?

Answers to questions

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