REVACH L'DAF
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SUMMARY
1. Rebbi Akiva maintains that a person is Chayav a Korban Oleh v'Yored for a Shevu'ah about the past. Rebbi Yishmael disagrees.
2. A person is Chayav a Korban Oleh v'Yored for a Shevu'ah that has no association with good or bad.
3. Rebbi Akiva applies "Ribuy, Mi'ut, and Ribuy" to the entire Torah. Rebbi Yishmael applies "Kelal, Perat, and Kelal."
4. A person is not Chayav a Korban for a Shevu'ah about the past if he thought he was swearing truthfully.
5. If a person swears and then forgets the Shevu'ah and transgresses it, he is Chayav a Korban.
6. When a person swears about a certain object and the object is concealed from him, causing him to transgress the Shevu'ah, he is exempt from a Korban.
7. A person who makes a Shevu'as Bituy about the past is Chayav a Korban only if he knows that the Shevu'ah is forbidden, but he does not know that there is a Chiyuv Korban.
8. When a person swears that he will not eat a loaf of bread and then forgets his Shevu'ah and eats the loaf because his life is in danger, he is exempt from a Korban.
9. When a person swears that he will not eat a loaf of bread but forgets his Shevu'ah and he eats the bread because he is in pain, he is exempt from a Korban.
10. Shmuel says that a person who swears in his heart without verbalizing it is exempt from a Shevu'ah.
11. If a person has in mind to prohibit wheat bread in his oaath and he mistakenly mentions barley bread, it is not a valid Shevu'ah.
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A BIT MORE
1. Rebbi Yishmael maintains that since the Torah mentions a Shevu'ah only about the future there is no Chiyuv Korban for a Shevu'ah about the past. Rebbi Akiva learns from a Ribuy that even a Shevu'ah about the past is Chayav a Korban.
2. The Torah mentions only a Shevu'ah about good or bad. The Chachamim learn from a Ribuy that there is a Chiyuv Shevu'ah even for other types of Shevu'ah, such as a Shevu'ah to throw a pebble into the sea.
3. Rebbi Akiva learns that even Shevu'os about the past are Chayav a Korban from a Ribuy, Mi'ut, and Ribuy. From the Mi'ut he excludes a Shevu'ah to transgress a Mitzvah. Rebbi Yishmael learns that even Shevu'os that are not associated with good or bad are Chayav a Korban from a Kelal, Perat, and Kelal. From the Perat he excludes a Shevu'ah about the past.
4. For example, Rav Kahana swore that Rav said one thing and Rav Asi swore he said the other. The one who swore falsely is exempt from a Korban because at the time he swore he was certain that he was right.
5. For example, a person swore that he will not eat wheat bread and he mistakenly believed that he swore he will eat the bread. If he eats the bread, he is Chayav a Korban.
6. For example, a person swore that he will not eat wheat bread. He reached into a basket thinking he was taking barley bread but he actually took wheat bread and transgressed the Shevu'ah. He is exempt from a Korban.
7. If he forgot that he made a Shevu'ah, it is considered an Ones and he is exempt from a Korban. According to the Rabanan who disagree with Munbaz, if one is aware of a prohibition but is unaware that there is a Chiyuv Korban it is regarded as Mezid, not Shogeg. In the case of a Shevu'ah, they agree that it is regarded as Shogeg because it is the only Isur Lav without a Chiyuv Kares which is Chayav a Korban.
8. Had the person asked, he would have been told to eat the loaf of bread in spite of the Shevu'ah even though he forgot it. Therefore, he is exempt from a Korban.
9. Since he would have eaten the bread even had he been aware of the Shevu'ah, when he became aware of the Shevu'ah he was not regretful. A person who is not regretful does not bring a Korban.
10. However, when one designates Terumah or Kodshim in his heart it is valid.
11. However, if he has in mind to prohibit wheat bread in his oath and he inadvertently said "bread" without mentioning "wheat," it is a valid Shevu'ah.
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Index to Revach for Maseches Shevuos
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