hebrew
1)

What is the significance of the term Shevu'as Hashem ... "

1.

Mechilta: It teaches us that every Shevu'ah listed in the Torah must be made with the Name Havayah. 1


1

See Torah Temimah, note 129.

2)

What will be the Din if the Shomer Sachar made personal use of the article.?

1.

Rashi: If he did, he will be Chayav even for Onsin. 1

2.

Da'as Zekenim and Hadar Zekenim (5), both citing R. Tam): Verse 12 says that if he can bring witnesses [that it died b'Ones] he is exempt. He need not swear that he was not Shole'ach Yad. This implies that even if he was Shole'ach Yad, if he returned it to its place, he is exempt for Ones that occurred later.


1

Refer also to 22:7:1:1*. In fact, both a Shomer Chinam and a Shomer Sachar who make personal use of the object are Chayav to pay, irrespective of what subsequently happens to it (Rashi, Bava Kama, 41b).

3)

What are the implications of "Velakach Be'aLa'av ve'Lo Yeshalem"?

1.

Mechilta #1: It implies that (the owner must accept the Shevu'ah of) the defendant who swears and is exempt from paying, 1 and it is not the owner who swears and takes.

2.

Mechilta #2: It implies that the onus of looking after the Neveilah lies on the owner. 2

3.

Teshuvas ha'Rambam: It implies that it is only on money matters that one swears, but not on matters concerning Isur. 3


1

Mechilta: And that is thew Halachah throughout the Torah. See Torah Temimah, note 136.

2

See Torah Temimah, note 137.

3

See Torah Temimah, note 138.

4)

What are the implications of "Bein Sheneihem"?

1.

Moshav Zekenim (8): This excludes one who is suspected to swear falsely. Then, his opponent swears and collects, but only for a Torah Shevu'ah.

2.

Shevu'os, 47a: It implies "Bein Sheneihem", 've'Lo Bein ha'Yorshim'


1

See Torah Temimah, note 130.

2

See Torah Temimah, note 131.

3

Refer to 22:10:2:1. See Torah Temimah, note 132 who elaborates.

4

See Torah Temimah, note 134.

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