1)

(a)Rebbi Yehoshua's concession to Raban Gamliel in a case of 'ha'Peh she'Asar' is confined to property that belonged to his friend's father, because he is speaking about land. We ask why he does not speak about a case of movable goods, in which case he could establish it by the friend himself. What is the case?

(b)We answer, like we answered earlier, that we would then have a problem with the Seifa (when there are witnesses). What would then be the problem? What do we rule with regard to someone who borrows money with witnesses?

2)

(a)We then suggest that the Tana could have chosen an alternative case of 'ha'Peh she'Asar ... '; namely, 'I have a Manah of your father's, of which I paid him half'. What would be the Chidush that would give this case the edge over the case in our Mishnah?

(b)Rebbi Eliezer ben Yakov and the Rabanan dispute this case in a Beraisa. Rebbi Eliezer ben Yakov says 'There are times when a person swears on his own statement'. What do the Rabanan say?

(c)We reject the suggestion that the Tana ought to have presented this case, on the grounds that Rebbi Yehoshua would then not hold like either Tana. Why would he not hold ...

1. ... like Rebbi Eliezer ben Yakov?

2. ... like the Rabanan?

3)

(a)What is a 'Meishiv Aveidah'?

(b)What Takanah did the Chachamim enact regarding a Meishiv Aveidah? Why did they do that?

(c)This poses a difficulty with Rebbi Eliezer ben Yakov, who obligates a Shevu'ah in the previous case. On what grounds do we reject the suggestion that ...

1. ... he calls it Ta'anas Atzmo because it speaks when a child is claiming from him?

2. ... it speaks when it is a Gadol who is claiming?

3. ... it is others who claim and he who confesses?

4)

(a)We conclude that Rebbi Eliezer ben Yakov and the Rabanan argue over Rabah, who explains why the Torah obligates a Modeh b'Miktzas (someone who admits to part of a claim) to take an oath. Why does a Modeh b'Miktzas not deny the claim completely?

(b)In that case, why does he not then admit to the entire claim?

(c)What is now the case that Rebbi Eliezer ben Yakov and the Chachamim dispute?

(d)What is the basis of their dispute? Why, according to ...

1. ... Rebbi Eliezer ben Yakov, is it not considered 'Meishiv Aveidah'?

2. ... the Rabanan, is it considered 'Meishiv Aveidah?

18b----------------------------------------18b

5)

(a)Our Mishnah rules that witnesses who verify their signatures on a document are nevertheless believed to invalidate it, when they add 'Anusim Hayinu'. Why is that?

(b)Which other two arguments might they present to invalidate the document?

(c)If there are other witnesses however, who recognize their signatures, then they are not believed. Under which other circumstances are they not believed?

6)

(a)How does Rami bar Chama (according to our initial understanding) qualify 'Anusim Hayinu' in the Seifa of our Mishnah (where they are not believed)? On what condition will they be believed?

(b)Why is the former not believed, whereas the latter, is?

(c)On what grounds do we reject this explanation? What do we learn from the Pasuk in Vayikra "Im Lo Yagid"?

(d)Based on the Lashon Hagadah ("Im Lo Yagid"), we try to restrict 'Keivan she'Higid ... ' to verbal testimony, establishing Rami bar Chama's explanation by testimony that is written. What principle does Resh Lakish teach us that negates this suggestion?

7)

(a)We therefore amend Rami bar Chama's statement, to connect it with the Reisha. What does he now say?

(b)Why are they not believed in the Reisha, in spite of 'ha'Peh she'Asar'?

(c)What will be the Din in the Seifa?

(d)In the Reisha, we believe the witnesses, even if they claim that they are Pesulei Edus. Why will that not automatically invalidate them in the same way as it invalidates 'Anusim Hayinu Machmas Mamon'?

8)

(a)Rebbi Meir in a Beraisa, is more stringent than the Tana of our Mishnah. What does he say?

(b)The only real problem with Rebbi Meir is from the case of 'Anusim Hayinu (Machmas Nefashos)', where there is no apparent reason not to believe the witnesses on account of 'ha'Peh she'Asar', but not from the other two cases. Why is there no problem from ...

1. ... Pesulei Edus?

2. ... Ketanim?