(a)We just concluded that the Shevu'ah in our Mishnah of 'Ed Echad Me'idah she'Hi Peru'ah' is mid'Rabanan. Rav Papa advises an astute husband to turn it into a Shevu'ah d'Oraisa. How would he do that?
(b)What would be (some of) the advantages of a Shevu'ah d'Oraisa over a Shevu'ah d'Rabanan?
(c)On what basis does Rav Shisha Brei d'Rav Idi reject Rav Papa's advice?
(d)So Rav Shisha advises him to present her with her Kesubah in front of that witness together with a new witness, and then to reclaim the first payment as a loan. On what grounds does Rav Ashi reject Rav Shisha Brei d'Rav Idi's advice?
1)
(a)We just concluded that the Shevu'ah in our Mishnah of 'Ed Echad Me'idah she'Hi Peru'ah' is mid'Rabanan. Rav Papa advises an astute husband to turn it into a Shevu'ah d'Oraisa - by paying her Kesubah in front of one witness, and then by combining the two witnesses to testify that she had received her Kesubah, rendering the first payment a loan, which he is now reclaiming.
(b)(Some of) the advantages of a Shevu'ah d'Oraisa over a Shevu'ah d'Rabanan are - that with regard to the former, one swears using the Name of Hash-m and holds an object of Mitzvah in one's hand whist swearing (see also Tosfos DH 'Maysi Lah').
(c)Rav Shisha Brei d'Rav Idi rejects Rav Papa's advice - on the basis of the fact that, seeing as each witness testifies on a different transaction, how can the two possibly combine to make a pair of witnesses, to testify that she received her Kesubah.
(d)So Rav Shisha advises him to present her with her Kesubah in front of the one witness together with a new witness, and then to reclaim the first payment as a loan. Rav Ashi rejects Rav Shisha Brei d'Rav Idi's advice - because she could then counter that she had two Kesuvos, and that her first claim was a Kesubah too (a fact which is borne out by the first witness).
2)
(a)So what does Rav Ashi advise the husband to do to transform the Shevu'ah from a Shevu'ah d'Rabanan to a d'Oraisa?
(b)How does the fact that she no longer has the support of the first witness make any difference? Why can she still not claim that she had two Kesuvos?
2)
(a)So in order to transform the Shevu'ah from a Shevu'ah d'Rabanan to a d'Oraisa, Rav Ashi advises the husband - to follow Rav Shisha Brei d'Rav Idi's advice, only before paying his wife her second Kesubah, to inform the two witnesses that he has already paid her Kesubah and that he is only paying her again in order to reclaim the first payment. Consequently, she will not be able to claim that the first payment was to repay a loan.
(b)The fact that she no longer has the support of the first witness - prevents us from believing her should she claim that she had two Kesuvos, seeing as that it is uncommon for a woman to have two Kesuvos.
3)
(a)We learned in a Mishnah in Shevuos that orphans may only claim with a Shevu'ah. Why can this not be referring to orphans claiming from their father's debtor?
(b)Then what does it refer to?
(c)Rav Zerika Amar Rav Yehudah establishes that Mishnah when the defending orphans claim that their father borrowed and paid, but if they quote their father as saying that he did not even borrow the money, the claiming orphans cannot even claim with a Shevu'ah. What objection does Rava raise to this statement?
(d)So what did Rav Zerika Amar Rav Yehudah really say?
3)
(a)We learned in a Mishnah in Shevuos that orphans may only claim with a Shevu'ah. This cannot be referring to orphans claiming from their father's debtor - because if their father could have claimed from him without a Shevu'ah, why should the orphans not be permitted to do likewise?
(b)It refers to - orphans claiming from orphans.
(c)Rav Zerika Amar Rav Yehudah establishes that Mishnah when the defending orphans claim that their father borrowed and paid, but if they quote their father as saying that he did not even borrow the money, the claiming orphans cannot even claim with a Shevu'ah. Rava objects to this statement - on the grounds that claiming that one did not borrow is tantamount to admitting that he has not repaid the loan. So what will they do with the Shtar that proves beyond doubt that the loan took place, to which they have now added that the loan has not yet been repaid?
(d)So what Rav Zerika Amar Rav Yehudah really said was - that in the event that the orphans quote their father as saying that he did not even borrow the money - then they will have to pay at once without the claiming orphans needing to swear.
4)
(a)Rebbi Yitzchak Nafcha ruled that the Din in our Mishnah, authorizing the woman to claim her Kesubah with a Shevu'ah, is restricted to a woman, and does not extend to a creditor who is claiming his debt in the absence of the debtor. Why is that?
(b)What did Rava Amar Rav Nachman say?
4)
(a)Rebbi Yitzchak Nafcha ruled that the Din in our Mishnah, authorizing the woman to claim her Kesubah with a Shevu'ah is restricted to a woman, and does not extend to a creditor who is claiming his debt in the absence of the debtor - because Chazal only permitted a woman to do so due to 'China' (to encourage her to marry, by reinforcing her claim to the Kesubah).
(b)According to Rava Amar Rav Nachman - the Din extends to creditors as well, to prevent debtors from avoiding paying their debts by running away (which in turn, would cause potential creditors to desist from lending money to honest people - 'Ne'ilas Deles').
88b----------------------------------------88b
5)
(a)Rebbi Yirmeyahu assumes that Rebbi Shimon (who differentiates between whether the woman is claiming her Kesubah or not) is referring to the case that preceded his statement (a woman who claims her Kesubah in her ex-husband's absence). What is then their Machlokes?
(b)He tries to connect their Machlokes to that of Chanan and the Bnei Kohanim Gedolim (in the last Perek). What does Chanan mean when he says that if a man goes overseas and the woman claims Mezonos, she swears at the end but not at the beginning?
(c)What do the Bnei Kohanim Gedolim hold?
(d)According to Rebbi Yirmeyahu, Rebbi Shimon holds like Chanan, the Rabanan, like the Bnei Kohanim Gedolim. What objection did Rav Sheshes raise to Rebbi Yirmeyahu's interpretation from the Lashon of Rebbi Shimon's statement 'ha'Yorshin Mashbi'in Osah'?
5)
(a)Rebbi Yirmeyahu assumes that Rebbi Shimon (who differentiates between whether the woman is claiming her Kesubah or not) is referring to the case that immediately preceded his statement (a woman who claims her Kesubah in her ex-husband's absence) - in which case, the Rabanan hold that the woman may claim both her Kesubah and Mezonos (with a Shevu'ah) in her husband's absence; whereas Rebbi Shimon holds that she can only claim her Kesubah, but not Mezonos.
(b)He tries to connect their Machlokes to that of Chanan and the Bnei Kohanim Gedolim (in the last Perek). When Chanan says that if a man goes overseas and the woman claims Mezonos, she swears at the end but not at the beginning - he means that she may only claim her Kesubah with a Shevu'ah, but not Mezonos.
(c)The Bnei Kohanim Gedolim hold - that either way, she swears and claims.
(d)According to Rebbi Yirmeyahu, Rebbi Shimon holds like Chanan, the Rabanan, like the Bnei Kohanim Gedolim. Rav Sheshes objects to Rebbi Yirmeyahu's interpretation from the Lashon of Rebbi Shimon's statement 'ha'Yorshin Mashbi'in Osah' - implying that her ex-husband is no longer alive, whilst 'Nifra'as she'Lo Befanav' clearly speaks when he is.
6)
(a)According to Rav Sheshes, to which case in our Mishnah does Rebbi Shimon's statement then refer? Which Shevu'ah are they arguing about?
(b)He connects the Machlokes with that of Aba Shaul and the Rabanan in the Mishnah in Gitin, where the Rabanan obligate an administrator whom the father of the orphans appointed, to swear, but not one who is appointed by the Beis-Din. Why is that?
(c)Why does Aba Shaul say the reverse?
(d)Like whom will Rebbi Shimon and the Rabanan respectively, now hold?
6)
(a)According to Rav Sheshes - Rebbi Shimon's statement refers to the (earlier) case of 'Halchah mi'Kever Ba'alah l'Beis Avihah ... v'Im Na'asis Apotropus, Yorshin Mashbi'in Osah al he'Asid'; and they are arguing about the Shevu'ah of an Apotropsus.
(b)He connects the Machlokes with that of Aba Shaul and the Rabanan in the Mishnah in Gitin, where the Rabanan obligate an administrator whom the father of the orphans appointed, to swear, but not one who is appointed by the Beis-Din - because in the latter case, if he is made to swear, he will not volunteer his services in the first place; whereas in the former case, the father would not have appointed him, if he had not received a favor from him in his lifetime (so their friendship will encourage him to accept the offer in spite of the fact that he will later have to swear).
(c)Aba Shaul maintains however - that if it is the father who appointed him, he does not swear, because then he would decline the appointment in the first place; whereas if the Beis-Din appointed him, he will accept in any event, due to the prestige of being considered trustworthy.
(d)Rebbi Shimon, who says that, if the woman (who was appointed an administrator by her husband) is not claiming her Kesubah, she does not need to swear, will now hold like Aba Shaul, the Rabanan, like the Rabanan.
7)
(a)What problem does Abaye have with Rav Sheshes' explanation (based on Rebbi Shimon's Lashon 'Kol Zman she'Tova'as Kesuvasah ... Yorshin Mashbi'im Osah')?
(b)Abaye therefore concludes that Rebbi Shimon refers to the Reisha of our Mishnah 'Neder u'Shevu'ah Ein Li v'Lo l'Yorshai ... Ein Yachol Lehashbi'ah Lo Hu v'Lo Yorshav ... '. What does Rebbi Shimon say? Like which other Tana does Rebbi Shimon concur?
(c)What problem does Rav Papa have with Abaye's explanation (based on the second half of Rebbi Shimon's statement)?
(d)Rav Papa therefore agrees with Abaye with regard to the first half of Rebbi Shimon's statement. Regarding the second half, he comes to preclude from the opinion of both Rebbi Eliezer and the Rabanan. Which Machlokes of Rebbi Eliezer and the Rabanan is he referring to? What does Rebbi Shimon say?
7)
(a)Abaye's problem with Rav Sheshes' explanation is - that whereas according to him, Rebbi Shimon comes to be more lenient than the Rabanan, the Lashon 'Kol Zman she'Tova'as Kesuvasah ... Yorshin Mashbi'im Osah' implies that he is coming to be stringent.
(b)Abaye therefore concludes that Rebbi Shimon, who refers to the Reisha of our Mishnah 'Kasav Lah Neder u'Shevu'ah Ein Li v'Lo l'Yorshai ... Ein Yachol Lehashbi'ah Lo Hu v'Lo Yorshav ... ' - maintains that as long as she claims her Kesubah, she has to swear, like Aba Shaul.
(c)Rav Papa's problem with Abaye's explanation is - that whereas, according to Abaye, Rebbi Shimon has clarified the first half of his statement, what is the point of the second half 'Einah Tova'as Kesuvasah, Ein Yorshin Mashbi'in Osah'? What is he coming to teach us?
(d)Rav Papa therefore agrees with Abaye with regard to the first half of Rebbi Shimon's statement. Regarding the second half, he comes to preclude from the opinion of both Rebbi Eliezer and the Rabanan in the Mishnah on 86b. - 'ha'Moshiv es Ishto Chenvanis ... Harei Zeh Mashbi'ah. Rebbi Eliezer Omer Afilu al Pilchah v'al Isasah'. Rebbi Shimon now comes to teach us that, in his opinion, a woman who does not claim her Kesubah, does not need to swear (The first half of his statement comes to be strict, the second half, lenient).
