REVACH L'DAF
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| SHEVUOS 25 (5 Teves) - Dedicated by Elliot and Lori Linzer in honor of the Yahrzeit of Meir Menachem ben Shlomo ha'Levi (Turkel). |
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SUMMARY
1. A Shevu'ah goes into effect even if it involves other people.
2. Rebbi Yishmael maintains that a person is Chayav a Korban Oleh v'Yored only for a Shevu'ah about the future. Rebbi Akiva disagrees.
3. Nedarim go into effect even on a Mitzvah, but a Shevu'ah does not.
4. A Shevu'ah goes into effect even on something intangible, but a Neder does not.
5. If someone swears that he will not sleep for three days, he is punished with Malkus and he may go to sleep immediately.
6. If a person swears falsely that Ploni threw or did not throw an item into the sea, Rav maintains that he is Chayav a Korban. Shmuel disagrees.
7. If a person swears that he will transgress a Mitzvah, he is exempt from a Korban.
8. If a person swears that he will fulfill a Mitzvah, the Rabanan maintain that he is exempt from a Korban. Rebbi Yehudah ben Beseirah disagrees.
9. If it is obvious that a pillar is made of stone and a person swears that it is made of gold, he has made a Shevu'as Shav.
10. If someone swears to his friend that he knows testimony which pertains to him, he is exempt from a Korban.
11. If a person swears falsely in Beis Din that he does not know testimony for his friend, he is Chayav a Korban even for Mezid.
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A BIT MORE
1. If one swears that he will give or that he will not give an item to his friend, the Shevu'ah takes effect.
2. Rebbi Yishmael maintains that since the Torah mentions Shevu'os only in the context of the future, a person is not Chayav a Korban Oleh v'Yored for a Shevu'ah about the past.
3. If a person says, "This Sukah or Lulav shall be forbidden to me with a Konam," the Neder takes effect. However, if he says, "I swear I will not sit in a Sukah or hold a Lulav," the Shevu'ah does not take effect.
4. If a person swears that he will not sleep, the Shevu'ah takes effect. However, if he says, "Sleep shall be forbidden to me like a Konam," the Neder does not go into effect. A Neder is like a Hekdesh and there is nothing tangible here on which Hekdesh to take effect.
5. It is a Shevu'as Shav because it is impossible to abstain from sleeping for three consecutive days.
6. Shmuel maintains that this Shevu'ah can be made only about the past and not about the future. He cannot swear that Ploni will or will not throw an item into the sea, because it is not in his control. Therefore, he is not Chayav a Korban even if he swears about the past.
7. It is a Shevu'as Shav and he is Chayav Malkus, but not a Korban.
8. The Rabanan say that he is exempt from a Korban because the Shevu'ah can be made only in the positive, not in the negative. If he swears that he will not fulfill a Mitzvah, it is a Shevu'as Shav, not a Shevu'as Bituy.
9. Ula maintains that it is a Shevu'as Shav only when three people were previously aware that it is made out of gold.
10. If this Shevu'ah was made in the negative sense and he swore that he does *not* know testimony, it would be a Shevu'as ha'Edus, not a Shevu'as Bituy. So even when the Shevu'ah is made in the positive sense, it is not liable for a Korban.
11. The Torah does not use the word "Ne'elem," which implies Shogeg, with regard to Shevu'as ha'Edus. Therefore, a person is Chayav even for Mezid.
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Index to Revach for Maseches Shevuos
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