5b----------------------------------------5b
8)
(a) We learned in our Mishnah that each of the two finders swear that they do not own less than half the Talis. What is wrong with this Shevu'ah the way it stands? What would one have expected them to swear?
(b) So how does Rav Huna amend the Shevu'ah?
(c) Why does he not simply swear that ...
1. ... the whole Talis belongs to him?
2. ... half the Talis belongs to him?
(d) So what does he really swear to prevent making a mockery out of Beis-Din?
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9)
(a) Seeing as each one is holding half the Talis, how does Rebbi Yochanan explain the need to swear?
(b) How can Chazal institute a Shevu'ah on the basis of the suspicion that the finder of the garment is a Ganav? Why do we not apply the principle 'Migu de'Chashid a'Mamona, Chashid Nami a'Shevu'asa (Whoever is dishonest in money-matters is also suspected of making a false Shevu'ah)?
(c) How do we refute the proof from 'Modeh be'Miktzas' (whom the Torah obligates to swear), that 'Migu de'Chashid a'Mamona, Lo Chashid Nami a'Shevuasa'?
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10)
(a) We prove the current S'vara from Rav Idi bar Avin Amar Rav Chisda, who draws a distinction between someone who denies a loan and someone who denies a Pikadon (as we learned earlier). What problem does this pose in connection with the Beraisa of Rami bar Chama, who requires a partial denial and a partial admission before a Shomer can swear?
(b) Why would there be no problem were it not for the explanation of Rav Idi bar Avin Amar Rav Chisda?
(c) How do we then reconcile the Beraisa of Rami bar Chama with the S'vara of 'Ishtemuti ka'Mishtamet'? Why is he not branded a Ganav?
(d) On what grounds does Rav Chisda then disqualify someone who denies a Pikadon from testifying?
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11)
(a) What does Rav Huna say about a Shomer Sachar who claims that the Pikadon is stolen or lost?
(b) Why can we not refute the principle 'Migu de'Chashid a Mamona, Chashid Nami a'Shevu'asa' from there?
(c) Rav Acha from Difti asked Ravina that when all's said and done, he has transgressed the La'av of "Lo Sachmod", so why does that not disqualify him from swearing? What did Ravina reply?
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Index to Review Questions and Answers for Maseches Bava Metzia
