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Kollel Iyun Hadaf, Jerusalem

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Shevuos 38


(a) Rebbi Meir says in a Beraisa 'K'lal Eino Chayav Ela Achas; P'rat Chayav al Kol Achas ve'Achas'.
What are the ramifications of ...
  1. ... 'Klal'?
  2. ... 'P'rat'?
(b) Rebbi Eliezer and Rebbi Shimon merely repeat the views they expressed in our Mishnah (with regards to when and how many times to insert the word 'Shevu'ah').
What does Rebbi Yehudah say in a case of 'Shevu'ah Lo Lecha, ve'Lo Lecha ve'Lo Lecha'?

(c) According to Rav Yehudah Amar Shmuel, what Rebbi Meir considers a K'lal, Rebbi Yehudah considers a P'rat, and vice-versa. What does he mean by that? It is obvious that Rebbi Yehudah considers 'Shevu'ah Lo Lecha, ve'Lo Lecha ve'Lo Lecha' a K'lal, but what will Rebbi Meir then hold in a case of 'Shevu'ah Lo Lecha ...

  1. ... Lo Lecha, Lo Lecha'?
  2. ... ve'Lo Lecha, ve'Lo Lecha'?
(a) According to Rebbi Yochanan however, Rebbi Meir agrees with Rebbi Yehudah that 'Shevu'ah Lo Lecha, ve'Lo Lecha, ve'Lo Lecha' is a P'rat. Then what is their Machlokes?

(b) In that case, which case will Rebbi Meir consider a K'lal?

(a) Shmuel derives his opinion from the Beraisa, whereas Rebbi Yochanan derives his from our Mishnah.
How does Rebbi Yochanan interpret Rebbi Yehudah's statement (in the Beraisa) 'Shevu'ah Lo Lecha, ve'Lo Lecha ve'Lo Lecha Chayav al Kol Achas ve'Achas', seeing as Rebbi Meir holds that way too?

(b) Why does Shmuel disagree with that?

(c) What does Rebbi Yochanan infer from Rebbi Meir in our Mishnah 'Shevu'ah she'Ein Lachem be'Yadi Eino Chayav Ela Achas'?

(a) How does Shmuel counter Rebbi Yochanan's proof from our Mishnah?

(b) This creates a problem with our Mishnah however, which rules 'Chayav al Kol Achas ve'Achas' in the case of a. 'Shevu'ah she'Ein Lecha be'Yadi, ve'Lo Lecha, ve'Lo Lecha'; b. 'Ten Li Pikadon, u'Sesomes Yad, ve'Gezel va'Aveidah', and c. 'Ten Li Chitin, u'Se'orin ve'Kusmin'.
What makes us think that the author of our Mishnah is Rebbi Meir?

(c) So how do we attempt to amend our Mishnah, to accommodate Shmuel?

(d) What problem do we have with this interpretation of the Mishnah?

(a) So we establish the Mishnah like Rebbi (in spite of the principle).
What does Rebbi hold?

(b) We do however, end up by removing the 'Vav' (according to Shmuel) from Rebbi Meir's own statement ' ... Afilu Chitah, u'Se'orah ve'Kusemes ... '. What is Rebbi Meir's coming to teach us with that statement? Why does he say 'Afilu'?

(a) What does Rebbi Yochanan say about a claim incorporating the combined P'rutah of a deposit, a loan, robbery and a lost article, or of wheat, barley and spelt?

(b) Rav Acha and Ravina argue how to explain our Mishnah, and consequently how to establish Rebbi Yochanan. One of them said 'a'Perati Mechayev, a'Kelali Lo Mechayev'.
What did he mean by that?

(c) What did the other one say?

(d) How will this Machlokes effect Rebbi Yochanan's statement?

(a) Rebbi Chiya cites a Beraisa with reference to the case in our Mishnah where five people claimed from Shimon wheat, barley and spelt 'Harei Ka'an Chameish-Esrei Chata'os'.
How does the second of the above opinions explain this? Why did the Beraisa not obligate Shimon to bring twenty Chata'os?

(b) So how does he explain the second Beraisa of Rebbi Chiya, which does obligate him to bring twenty Korbanos?

(c) What She'eilah did Rava ask Rav Nachman about a case where five people were claiming from Shimon a Pikadon, a loan, Gezel and a lost article.
What was Shimon's response to the claim? To whom did he reply?

(d) How did Rav Nachman answer him based on the Beraisa 'Harei Ka'an Esrim Chata'os'?

(a) How does Rebbi Chiya bar Aba Amar Rebbi Yochanan initially explain Rebbi Shimon in our Mishnah, who rules in the case of 'Anasta u'Pitisa es Biti ... , Patur she'Eino Meshalem K'nas al'Pi Atzmo', bearing in mind that Shimon is Chayav to pay Boshes and P'gam anyway (as the Rabbanan maintain)?

(b) How did Rava compare this to a case of Reuven who claimed from Shimon wheat, barley and spelt, and Shimon swore that he didn't have Reuven's wheat? How does the parable end?

(c) On what grounds did Abaye refute Rava's comparison?

(d) What parable did *he* therefore give to illustrate quite the opposite?

(a) How did Ravin therefore quote Rebbi Yochanan to explain Rebbi Shimon?

(b) How does Rav Papa explain the Machlokes according to Ravin's interpretation? Why would Reuven ...

  1. ... not claim Boshes and P'gam, where there is K'nas, according to Rebbi Shimon?
  2. ... not forego the Boshes and P'gam, according to the Rabbanan, even though he is already claiming K'nas?
***** Hadran Alach, 'Shevu'as ha'Pikadon *****

Answers to questions


****** Perek Shevu'as ha'Dayanim *****


(a) Which Shevu'ah do we learn from the Pasuk in Mishpatim "Asher Yomar Ki Hu Zeh"?

(b) Our Mishnah gives the minimum claim for which one is Chayav a Shevu'ah, as two 'Kesef'.
What is the minimum amount that one needs to confess, to be Chayav a Shevu'ah?

(c) On what grounds does our Mishnah rule that if Reuven claims two silver pieces from Shimon ...

  1. ... and Shimon admits that he owes him a P'rutah, he is Patur from a Shevu'ah?
  2. ... plus a P'rutah, and Shimon admits that he owes him a P'rutah, he is Chayav?
(d) And why does the Tana rule in the case of ...
  1. ... 'Manah Li be'Yadcha, Ein Lach be'Yadi, Patur'?
  2. ... 'Manah le'Aba be'Yadcha, Ein Lach be'Yadi Ela Chamishim Dinar, Chayav'?
(a) The Tana rules that if Reuven admits that he owes Shimon a Manah, and the next day he claims that he paid him, he is believed.
Under which circumstances would he be Chayav to swear?

(b) In a case where Reuven claims a Litra Zahav and Shimon admits to a Litra Kesef, the Tana exempts the latter from a Shevu'ah.
What is the difference between that case and one where Reuven claims a Dinar Zahav, and Shimon admits to a Dinar Kesef, a Trisis, a Pundiyon or a P'rutah?

(c) And why does the Tana exempt Shimon from a Shevu'ah if he admits that he owes Reuven a Lesech of legumes in response to the latter's claim of produce, but obligate him if he claimed from him fruit?

(a) The Chachamim hold ...
  1. ... 'Ta'ano Chitin ve'Hodeh Lo bi'Se'orin, Patur'.
    What does Raban Gamliel say?
  2. ... 'ha'To'en la'Chavero Kadei Shemen ve'Hodeh Lo be'Kankanim, Patur'.
    Why is that?
(b) What does Admon say?

(c) What does Raban Gamliel comment on this Machlokes?

(d) We have already learned that there is no Shevu'ah on a claim of Karka. In which case will Shimon swear even on the Karka if Reuven claimed from him Karka and vessels?

(e) What does our Mishnah say about ...

  1. ... swearing to the claim of a Cheresh, Shoteh or Katan?
  2. ... making a Katan swear?
(a) Rav Yehudah Amar Rav explains that Shevu'as ha'Dayanim entails making whoever swears a Shevu'ah d'Oraysa swear like the Torah writes in Chayei Sarah "Va'ashbi'acha ba'Hashem Elokei ha'Shamayim ... ".
Whom is Rav Yehudah quoting?

(b) How do we initially interpret this statement? What is Rav coming to teach us?

(c) Ravina asked Rav Ashi whether Rav meant to rule like Chanina bar Idi, who requires specifically the four-letter Name of Hashem.
What did Rav Ashi reply? If the Nishba is permitted to use a Kinuy, why did Rav quote the Pasuk in connection with Avraham Avinu?

(d) What did Rava mean when he said that a Dayan who made someone swear by Hashem Elokei ha'Shamayim is considered a 'To'eh bi'Devar Mishnah', seeing as it's source is Rav and not a Mishnah at all?

(e) What are the ramifications of Rava's statement?

(a) What did Rav Papa say about a Dayan who made the Nishba hold Tefilin whilst he swore?

(b) How do we rule with regard to the two rulings (of Rava and Rav Papa respectively)?

(c) If the Nishba is obligated to stand whilst he swears, who is permitted to sit?

(d) In which other area of Shevu'ah does a Talmid-Chacham who swears differ from other Nishba'im?

(e) What do we do nowadays with someone who is Chayav a Shevu'ah d'Oraysa?

Answers to questions

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