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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Shevuos 41

SHEVUOS 41 - dedicated in memory of Mordecai (Marcus) ben Elimelech Shmuel Kornfeld, who perished in the Holocaust along with most of his family. His Yahrzeit is observed on 1 Adar. May the deaths of the Kedoshim of the Holocaust atone for Klal Yisrael like Korbanos.


(a) Initially, we present the practical difference between a Shevu'ah d'Oraysa and a Shevu'ah de'Rabbanan as whether we say 'Meipach Shevu'ah'. What is 'Meipach Shevu'ah'?

(b) According to Mar bar Rav Ashi, who holds 'Afchinan' even by a Shevu'ah de'Rabbanan, the difference between them is whether we say 'Meichas le'Nechseih' or not.
What does 'Meichas le'Nechseih' mean?

(a) We learned in a Mishnah in Gitin 'Metzi'as Chashu Yesh Bahen Gezel Mipnei Darkei Shalom'.
What does Rebbi Yossi say?

(b) Does this mean that a 'Chashu' acquires from Hefker mi'd'Oraysa?

(c) In that case, what are the ramifications of the Machlokes between Rebbi Yossi and the Chachamim?

(a) What is the practical difference between a Shevu'ah d'Oraysa and a Shevu'ah de'Rabbanan according to Rebbi Yossi?

(b) What is the reason for this ruling?

(c) And what will the Halachah then be in the event that the debtor is suspect on a Shevu'ah de'Rabbanan?

(a) On what grounds did Ravina object to Rav Ashi's initial ruling that, according to the Rabbanan of Rebbi Yossi (who hold that Beis-Din do not pay the claimant from the defendant's property by a Shevu'ah de'Rabbanan), one places him in Cherem?

(b) So how did Ravina explain their ruling?

(a) What does Rav Papa rule in a case where Shimon ...
  1. ... claims that the Sh'tar which Reuven produces against him is already paid?
  2. ... asks Reuven to swear that he has not already paid him?
(b) We learned in the Mishnah in Kesuvos 'ha'Pogemes Kesuvasah, Lo Tipara Ela bi'Shevu'ah'.
What does 'ha'Pogemes Kesuvasah' mean?

(c) Seeing as in our case, we also make the claimant swear, how did Rav Ashi explain the difference between 'Pogemes' and someone who claims the entire amount by means of a Sh'tar?

(d) What objection did Rav Yeimar raise, when Rav Ashi added that if the creditor is a Talmid-Chacham, Beis-Din will not make the creditor swear?

(e) What did he mean when he concluded 'Ela Lo Mizdekinan Leih le'Dineih'?

(a) What was Shmuel's reaction when Rav Yehudah cited Rav Asi's ruling 'ha'Malveh es Chavero be'Eidim, Tzarich Lipara be'Eidim'?

(b) What does our Mishnah say with regard to Shimon who, after admitting in front of witnesses that he owes Reuven money, claims on the following day that he has already paid.
How does this pose a Kashya on Rav Asi?

(c) How will Rav Asi answer the Kashya?

Answers to questions



(a) According to Rav Yosef, what Rav Yehudah Amar Rav Asi said was 'ha'Malveh es Chavero be'Eidim, Ein Tzarich Lepor'o be'Eidim'. Under which circumstances would the debtor nevertheless have to pay in front of witnesses?

(b) How did Shmuel qualify this latter ruling? When would the debtor not need to bring the witnesses in front of whom he paid to court?

(c) We query Shmuel's ruling however, from our Mishnah.
What did our Mishnah say in a case where the creditor stipulated that the debtor pay him in front witnesses and the following day, the latter claimed that he paid?

(d) To answer the Kashya, we cite a Beraisa. The Tana Kama rules that in such a case, the debtor must either pay or bring proof that he did.
What does Rebbi Yehudah ben Beseira say?

(a) We just concluded that Shmuel holds like Rebbi Yehudah ben Beseira. Rav Acha however, queries our current understanding of the Machlokes between the Tana Kama and Rebbi Yehudah ben Beseira.
How does he suggest to establish the case? If they are not referring to the stipulation that the creditor made at the time of the loan, then what might they be referring to?

(b) What did the creditor then mean when he said 'be'Eidim Hilvisicha, be'Eidim Par'eih Li'?

(c) What would even Rebbi Yehudah ben Beseira then hold in the original case, where the creditor made the statement at the time of the loan?

(a) Rav Papi Amar Rava rules 'ha'Malveh es Chavero be'Eidim, Tzarich Lepor'o be'Eidim' (like the first Lashon of Rav Yehudah Amar Rav).
What does Rav Papa Amar Rava say?

(b) And what does Rav Papa rule in a case where the creditor stipulated that the debtor pays in front of witnesses, and the latter subsequently claims that he paid in front of P'loni u'Peloni who went overseas?

(a) What happened next in a case where Levi stipulated that Yehudah should repay him his loan in the presence of Reuven and Shimon.
What did Yehudah do?

(b) What was the basis of Levi's objections (bearing in mind that the witnesses did in fact, testify)?

(c) On what grounds did Rava object to Abaye's ruling 'be'Apei Bei T'rei Amar Leih, be'Apei Bei T'rei Par'eih'?

(a) What happened next in a case where Reuven stipulated that Shimon must repay his loan in the presence of witnesses who had learned Halachos (Shas)?

(b) When the litigants came before Rav Sheishes, on what grounds did Reuven claim that Shimon still owed him the money?

(c) What did Rav Nachman rule? Why did he mention Rav Sheishes by name?

(a) What happened next in a case where Shimon denied having borrowed a hundred Zuz from Reuven? What did the witnesses testify?

(b) Abaye ruled that seeing as the same witnesses who testified that Shimon had borrowed the money, testified that he had paid, there was nothing more to say.
What did Rava say?

(c) What did Rav Sheishes think in a case where the witnesses who, Shimon claimed, had seen him repay Reuven the loan, denied it?

(d) On what grounds did Rava disagree with that?

(a) In a case where Reuven claimed that Shimon owed him six hundred Zuz, Shimon replied that he had already repaid the loan in the form of one hundred Kabin of gall-nuts, worth six Zuz each.
What were gall-nuts used for?

(b) How did Reuven counter Shimon's claim?

(c) When witnesses supported Reuven's claim, Rava ruled that Shimon had lied and that he was Chayav to pay the balance. What did Rava reply when Rami bar Chama queried him from the previous S'vara (that a person is likely to forget details that he does not need to know)?

Answers to questions

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