REVACH L'DAF
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| SHEVUOS 46 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah. |
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SUMMARY
1. A Talis was given to a tailor to repair. The tailor claims that he was promised two Sela for the job, while the employer claims that he promised only one Sela. If the Talis is still in the hands of the tailor, he is believed.
2. If the tailor already gave back the Talis, and there is a dispute about how much money he was promised, if it is within the allotted time to pay a worker, there is a disagreement about whether the tailor is believed with a Shevu'ah.
3. If the tailor returned the Talis, and the allotted time to pay a worker has passed, everyone agrees the tailor is not believed with a Shevu'ah.
4. If a laborer claims that he was not paid his wages and his employer disputes the claim, the laborer swears that he did not receive his wages and he collects.
5. If a person takes an ax in his hand and says, "I am going to cut down my friend's tree," even if later the tree is found cut down, he is not Chayav.
6. If witnesses testify that a person entered his friend's house and stole some of his possessions, the victim is believed with a Shevu'ah regarding the specific items which were stolen.
7. A person is witnessed hiding items under his clothing and leaving the property of his friend. He claims that he bought the items, and the owner claims that he lent them to him. The owner is believed.
8. The owner of the items is believed only if he claims that the person who hid the items under his clothing borrowed them. He is not believed to claim that the person stole them.
9. If witnesses testify that a healthy person entered his friend's house and when he left he was wounded, the victim may swear that his friend assaulted him and collect the damages.
10. If a person is suspected of falsely making a Shevu'as ha'Edus, a Shevu'as ha'Pikadon, or even a Shevu'as Shav, he no longer is believed with a Shevu'ah, and the Shevu'ah is given instead to the claimant.
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A BIT MORE
1. The tailor collects two Sela unless the owner brings witnesses who testify that he promised only one Sela.
2. According to Rebbi Yehudah, the tailor is believed with a Shevu'ah. The Rabanan maintain that the owner swears a Shevu'as Modeh b'Miktzas, not the laborer. Although an employer is occupied with his workers and may forget whether he paid his workers, he does not forget how much he promised to pay his workers.
3. Even Rebbi Yehudah agrees that the tailor is no longer believed with a Shevu'ah. The owner must swear, because once the allotted time to pay a worker has arrived the owner makes sure to pay the worker so that he will not transgress the prohibition of failing to pay a worker on time.
4. According to the Tana Kama, even if the employer disputes the claim completely, the laborer swears and collects. Rebbi Yehudah maintains that the laborer swears only when the employer disputes a portion of the claim, and thus he is Chayav a Shevu'as Modeh b'Miktzas. In such a case, the Rabanan took the Shevu'ah away from the employer and gave it to the laborer.
5. It is common for a person to threaten and not to carry out his threat. Therefore, it is not certain that he was the one who cut down the tree.
6. Although witnesses were present at the time of the theft, the victim claims that certain small items were stolen which he had hidden underneath his clothing and which the witnesses were unable to see.
7. The owner is believed only if he is not the type of person who usually sells his possessions, and if the items that were taken are not the type of items that a person normally hides under his clothing.
8. A person is not believed to make his friend into a thief. Therefore, the person who took the items should swear that he bought the items, and he is believed.
9. A Shevu'ah is necessary only if it was possible for the wound to have been self-inflicted. If the wound could not have been self-inflicted, he collects without a Shevu'ah.
10. Although a Shevu'as Shav does not entail denying a debt and thus it is an Aveirah only to Heaven but not to one's fellow man, he no longer is believed with any type of Shevu'ah.
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