Avrahom asks:
Rashi refers to the seifah of a Mishnah in Shavuos on 45a
???? ?????? ??? ?????...
v'Eilu Nishba'in she'Lo b'Ta'anah
So there are ample cases where the claimant during the partnership, custodianship etc... where one can impose a Shavuah based on suspicion!
How does one understand that Rashi properly
Why does the Gemara not bring down the Raisha and offers a kal vchomer?
Avrahom , United States
The Kollel replies:
Dear Avraham,
Rashi is explaining the Gemara that is looking for the source in the Torah that such a Shvuah exists (such as a Pasuk, Drasha, Gezeira Shava, Kal vaChomer, etc.) and not just a proof from a Mishna or Braisa that the Din is true.
All the best, Reuven Weiner