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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Shevuos 39


(a) In which language does the Beraisa require Shevu'as ha'Dayanim to be said?

(b) What did Beis-Din tell the Nishba before he swore? What happened to the world when Hashem announced "Lo Sisa es Shem Hashem Elokecha la'Shav"?

(c) If the Torah writes "ve'Nakeh" by other sins (in Ki Sisa in the thirteen Midos of Rachamim), what does it write by Shevu'as Shav?

(d) If someone who commits other sins is subject to ...

  1. ... personal punishment, what does the Torah write about someone who sins by making a Shevu'as Shav?
  2. ... Mechilah up to two or three generations, what does the Torah write about someone who sins by making a Shevu'as Shav?
(a) The Pasuk in Zecharyah (with regard to someone who swears falsely) writes "u'Va'ah el Beis ha'Ganav ve'el Beis ha'Nishba bi'Shemi la'Shaker ve'Lanah be'Soch Beiso ve'Chilatu, ve'es Eitzav ve'es Avanav".
To whom does the Pasuk refer as 'Ganav'?

(b) What is the significance of the destruction of the stones'?

(c) What does the Tana mean when he writes (in connection with a defendant who declines to swear) 'Potrin Oso Miyad'?

(d) In what context does the Tana quote the Pasuk in Korach "Suru Na me'Al ha'Anashim he'Resha'im ha'Eileh"?

(e) Commenting on the plural use of the Pasuk, we quote Rebbi Shimon ben Tarfon.
What does he extrapolate from the Pasuk in Mishpatim "Shevu'as Hashem Tih'yeh bein Sheneihem"?

(a) What did they say to a litigant who chooses to swear? How did they ensure that he does not 'fiddle' his oath (like the case of 'Kanya de'Rava' (in 'Shevu'os Shetayim' Basra)?

(b) Moshe Rabeinu too, incorporated everyone in the Shevu'ah of Sinai (according to the Da'as of Hashem and his own Da'as) in the Pasuk in Nitzavim "ve'Lo Itchem Levadchem Anochi Koreis es ha'Alah ha'Zos".
What do we learn from the Pasuk ...

  1. ... there "ve'es Asher Einenu Poh Imanu ha'Yom"?
  2. ... in Megilas Esther "Kiymu ve'Kiblu ha'Yehudim", in this regard?
(c) How do we learn the latter from there?

(d) The Mishnah in Sotah permits Parshas Sotah, Viduy Ma'aser, K'ri'as Sh'ma, Tefilah, Birchas ha'Mazon and Shevu'as ha'Eidus to be said in any language that one understands.
Which item must one add to the list?

(a) Why can we not attribute the world trembling when "Lo Sisa" was said to the fact that it ...
  1. ... was said at Sinai?
  2. ... falls under the category of stringent matters? How does the Beraisa define 'Kalos and Chamuros' respectively?
(b) So why *did* the whole world tremble?

(c) When the Torah writes "Lo Yenakeh" with regard to other sins ("ve'Nakeh Lo Yenakeh"), it is o teach us Rebbi Elazar's D'rashah.
What does Rebbi Elazar Darshen from "ve'Nakeh Lo Yenakeh"?

(d) What can we infer with regard to Shavim by Shevu'as Shav?

(a) How does Rebbi Shimon in a Beraisa explain the Pasuk in Kedoshim "Ve'samti Ani es Panai ba'Ish ha'Hu u've'Mishpachto"? If Reuven sinned, why should his family share in the punishment?

(b) We reconcile the above Beraisa which distinguishes between Shevu'as Shav (for which the family get punished too) and other sins (for which they don't), by quoting Rebbi.
How does Rebbi in a Beraisa Darshen the Pasuk "Ve'hichrati Oso"?

(c) What do we Darshen from the Pasuk in Ki Savo (in the Tochachah) "Ve'Chashlu Ish be'Achiv"?

(d) And how do we reconcile it with the Beraisa that distinguishes between Shevu'as Shav, for which the whole world get punished too, and other sins, for which they don't?

(a) If the Resha'im in the Nishba la'Shav's family share in his fate, and those of the world receive a heavy punishment, when it comes to other sins, what happens to the Resha'im ...
  1. ... in the sinner's family?
  2. ... of the world?
(b) And if the Tzadikim both in the Nishba la'Shav's family and in the rest of the world receive a light punishment, when it comes to other sins, what happens to the Tzadikim ...
  1. ... in the sinner's family?
  2. ... of the world?
Answers to questions



(a) We learned in our Mishnah that the minimum claim for which a 'Modeh be'Miktzas' is Chayav a Shevu'ah is two Kesef. Rav holds 'Kefiras Ta'anah Sh'tei Kesef'.
What does he mean by that?

(b) What does Shmuel say?

(c) Our Mishnah implies like Rav, says Rava, and the Pesukim like Shmuel. What does Rava extrapolate from our Mishnah 'ha'Ta'anah Sh'tei Kesef ve'ha'Hoda'ah Shaveh P'rutah' (as well as from the Mishnah in Bava Metzi'a, 'Chamishah P'rutos Hein, ha'Ona'ah ... ve'ha'Hoda'ah')? What ought the Tana to have added according to Shmuel?

(a) The Pasuk writes in Mishpatim (in connection with the Shomer Chinam) "Ki Yiten Ish el Re'eihu Kesef O Keilim Li'shmor".
What do we learn from ...
  1. ... "Keilim"?
  2. ... ''Kesef"?
(b) On what grounds do we reject the Lashon 'Af Keilim Davar Chashuv'?

(c) We already learned that "Ki Hu Zeh" (the continuation of the current Pasuk) is the source for the Shevu'ah of 'Modeh be'Miktzas'.
How does Rava now extrapolate from the Pasuk like Shmuel?

(d) How will Rav counter this proof?

(a) Shmuel counters this with the fact that the Torah writes "Hu" and "Zeh", one to teach us 'Modeh be'Miktzas, the other, that he swears on a claim of two Kesef. Rav learns from the second D'rashah 'Modeh mi'Miyn ha'Ta'anah'.
What does he mean by that?

(b) Why will the Pasuk continue to support Shmuel even then?

(c) Consequently, we change Rav's source to "Kesef".
Why is "Kesef" superfluous? What does he Darshen from it?

(d) What does Shmuel then learn from "Kesef"?

(a) We learned in our Mishnah 'Sh'tei Kesef Yesh Li be'Yadcha. Ein Lach be'Yadi Ela P'rutah, Patur'.
How do we initially establish the Mishnah, to ask from it on Shmuel?

(b) How does Shmuel establish it to refute the Kashya?

(c) Based on what we just said, what do we then ask on Shmuel from the Seifa, where Reuven claims from Shimon two Kesef and a P'rutah, Shimon admits to a P'rutah, and the Tana rules Chayav? Why would it be no problem if the Mishnah was speaking in a case of Shaveh?

(d) Why is this Kashya on Shmuel of all people, not a problem? What did Rav Nachman Amar Shmuel rule about such a case?

(a) How do we support this answer from the Seifa 'Litra Zahav Yesh Li be'Yadcha. Ein Lach be'Yadi Ela Litra Kesef, Patur'.
Why would this cause a problem if the Tana was speaking about 'Shaveh'?

(b) In that case, this poses a Kashya on Rav (who establishes the Mishnah by Shaveh). How will Rav answer the Kashya? Why is there no problem with the Seifa, even if the rest of the Mishnah speaks about 'Shaveh'?

(a) How do we attempt to prove Rav right from the Seifa 'Dinar Zahav Li be'Yadcha; Ein Lecha be'Yadi Ela Dinar Kesef ... u'Perutah, Chayav ... '?

(b) How does Rebbi Elazar establish the Seifa according to Shmuel?

(c) What is then the Chidush?

(a) The conclusion of the Mishnah 'she'ha'Kol Miyn Matbe'a Achas' seems to support Rebbi Elazar's interpretation of the Mishnah.
How will Rav explain that?

(b) Does this mean that Rebbi Elazar will establish the entire Mishnah by Davka (and not 'be'Shaveh') like Shmuel?

Answers to questions

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