1)

What is "ve'Sham'ah Kol Alah ve'Hu Eid" referring to?

1.

Rashi: It refers to someone who is asked by a litigant to swear that, if he is able to testify on his behalf, he will do so ? and he did in fact, witness the transaction in question.

2.

Targum Yonasan: It is referring to someone who hears a person making an oath of curse. 1

3.

Oznayim la'Torah: The Torah is referring to four different cases where Reuven knows testimony on behalf of Shimon but fails to testify: 1. Where he withholds it without being asked to testify; 2 2. Where he is the only witness and Shimon actually asks him to testify; 3 3. Where there is a second witness and Shimon asks them to testify without an oath; 4 4. Where Shimon asks them to testify under oath, and they deny any knowledge of the issue. 5


1

See also Peirush Yonasan.

2

In which case Hashem hates him. See Oznayim la'Torah, who elaborates on all the cases. who elaborates.

3

In which case he is Patur mi'Dinei Adam but Chayav be'Dinei Shamayim.

4

In which case he transgresses "Im Lo Yagid ... " ? but is Patur from a Korban Oleh va'Yored.

5

In which case they transgress "Im Lo Yagid ... " ? and are Chayav a Korban Oleh ve'Yored..

2)

What sort of testimony is the Pasuk talking about?

1.

Ramban: Testimony that is to the advantage of the litigant who is making him swear. 1


1

Shevu'os, 38a: Specifically, where his opponent's denial exempts him from the obligation to pay. See Torah Temimah, note 35a.

3)

Why does the Torah insert "ki Secheta" before "Vesham'ah Kol Alah"?

1.

She'iltos de'R. Acha'i Ga'on": To teach us that, although he is only Chayav a Korban, if he swears, it is considered a sin to refrain from testifying even without a Shevu'ah. 1


1

See also Oznayim la'Torah DH 've'Hu Eid'.

4)

Why does the Torah write "Vesham'ah Kol Alah" and not simply 'Vehishbi'o'?

1.

Tosefta Shevu'os, 1:2: To teach us that he is Chayav, irrespective of which language he made the Shevuah.

2.

Tosefta Shevu'os, 1:3: To preclude a deaf person from the Chiyuv.

5)

What is the definition of Kol Alah"?

1.

Shevu'os, 35b: "Alah" is synonymous with "Shevu'ah". 1


1

See Torah Temimah, DH 'Ve'sham'ah Kol Alah" #5 and note 8.

6)

What are the implications of "ve'Hu Eid"?

1.

Shevu'os, 35a: It implies that the litigant asks the winesses directly, but not if he says to a group of people containing him 'Mashbi'a Ani aleichem Im Atem Yod'in li Eidus, she'Tavo'u Vete'iduni!' It does however, include where he says ' 'Kol ha'Omdim Ka'an'. 1

2.

Yerushalmi Sanhedrin, 3: Bearing in mind that, whenever the Torah writes "Eid" S'tam, it means two witnesses, 2 it precludes where the litigant says to one witness 'I accept you as if you were two witnesses!'


1

See Torah Temimah, note 10.

2

Sanhedrin, 30a: Which we learn from the Pasuk in Devarim, 19:15 'Lo Yakum Eid Echad be'Ish" that.

7)

What is the significance of the sequence of "ve'Hu Eid O Ra'ah O Yada'?

1.

Shevu'os, 35a: It implies that the testimony must precede the Shevu'ah, and that consequently, if Reuven says to Shimon 'I am Mashbi'a you that, when you will know testimony on my behalf, you will come and testify', Shimon is Patur.

8)

What are the implications of "ve'Hu Eid, O Ra'ah O Yada"?

1.

Ramban #1 (citing Shevu'os, 33b): It implies a. 'Seeing without knowing' - Where Reuven claims that he counted out to Shimon in front of witnesses, which Shimon denies; b. 'Knowing without seeing' - Where Reuven claims that Shimon admitted to him that he owed him money in front of witnesses which Shimon denies. 1

2.

Ramban #2: It implies that he is a witness - inasmuch as he either saw the entire transaction or that he knows about it (because the other litigant admitted it in his presence).

3.

Targum Yonasan: It implies that either he himself is a witness, or he saw somebody transgressing an oath or he knows of somebody who transgressed an oath - and declines to inform the Beis-Din. 2


1

Shevu'os, 3b: Both seeing without knowing and knowing without seeing can only apply to a monetory claim, and that is what the current Pasuk is referring to.

2

See Na'ar Yonasan.

9)

What are the two words "O Ra'ah O Yada" coming to preclude?

1.

Tosefta Shevu'os, 3:6: They preclude someone who is blind in both eyes 1 and a Shoteh 2 respectively, from a Korban Shevu'ah.


1

See Torah Temimah, note 18.

2

See Torah Temimah, note 19.

10)

What will be the Din in the event that Shimon swears of his own accord that he knows testimony on behalf of Reuven?

1.

Yerushalmi Shevu'os, 5:1: We learn from Shevu'as ha'Pikadon, in Pasuk 21, via a Gezeirah Shavah "Nefesh" "Nefesh" that he is Chayav.

11)

What are the implications of "Im Lo Yagid"?

1.

Kesuvos, 18b: It implies that, once a witness has testified, he cannot testify again (change his testimony). 1


1

See Torah Temimah, note 22.

12)

Why does the Torah insert the 'Vav' in the word "Lo Yagid"?

1.

Moshav Zekenim: In order to read "Lo" like with a 'Vav', as if to say - if he testified for him, he cannot retract and testify differently.

2.

Shevu'os, 35a: To Darshen 'Im lo Lo Yagid' - he is only Chayav a Korban Shevu'ah if he swears to the litigant himself, but not if the litigant sends a Shali'ach and makes him swear.

13)

Why does the Torah omit the phrase "ve'Ne'elam Mimenu", that appears in the cases that follow?

1.

Rashi (in Shabbos, 68b) and Ramban: Because in this particular case, he is subject to a Korban even be'Meizid. 1


1

Ramban and Moshav Zekenim: Or be'Shogeg about the Isur to swear falsely, if he remembered the testimony. However, if he forgot the testimony he is exempt.

14)

Why does the Torah write "Im Lo Yagid" and not 'Im Lo Ya'id'?

1.

Yoma, 74a: To preclude from a Korban Shevu'ah someone who is unfit to testify ? such as a professsional gambler. 1

2.

Gitin, 71a: To preclude someone who is dumb.

3.

Shevu'os, 35a: To preclude witnesses who only received their information from another witness ('Eid mi'Pi Eid') or where one of the witnesses is a relative or Pasul le'Eidus.


1

Even though he is Pasul only mi'de'Rabbanan. See Torah Temimah, note 20. Refer also to 5:1:6:1.

15)

Why does the Torah juxtapose "ve'Nasa Avono" to "Im Lo Yagid"?

1.

Yerushalmi Sanhedrin, 3:9: To extrapolate that only Kasher witnesses 1 whose testimony would have caused the litigant to pay money are Chayav a Korban Shavu'ah.

2.

Sanhedrin, 37b: To teach us that in spite of the harsh warning in connection with the results of testifying falsely 2 they are not permitted to withdraw from the obligation to testify. 3

3.

Shevu'os, 33a: To extrapolate that the witnesses are only Chayav a Korban Shevu'ah if the litiganr nade them swear in Beis-Din - where they would have rendered the litigant Chayav, but not if he made them swear outside Beis-Din.


1

Refer also to 5:1:5:2.

2

See Torah Temimah, DH 'Venasa Avono' #2.

3

See Torah Temimah, note 28.

16)

What are the connotations of "Ve'nasa Avono"?

1.

Bava Kama, 56a: It means that the witnesses are only Chayav be'Dinei Shamayim for failing to testify but are not punishable be'Dinei Adam. 1


1

See Torah Temimah, note 27.

17)

Why does the Torah omit "bi'Shegagah" from Shevu'as ha'Edus and Shevu'as Bituy? It is in all the other Parshiyos!

1.

Da'as Zekenim: To teach us that the punishment for Shevu'ah is great, and that Shogeg is considered like Meizid. 1

2.

Refer to 5:1:4:1.


1

As the Pasuk writes in Koheles 5:5 "ve'Al Tomar? Ki Shegagah Hi". Hashem judges also witches and adulterers in this way. As the Navi writes in Mal'achi 3:5 "ve'Hayisi Eid Memaher ba'Mechafshim uva'Mena'afim u'va'Nishba'im la'Shaker".

18)

Why is there a 'Vav' in the word "Im Lo Yagid"?

1.

Moshav Zekenim: In order to read "Lo" like with a 'Vav', as if to say - if he testified for him, he cannot return and testify again [differently].

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