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|SHEVUOS 40 - 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.|
1. If someone claims that his friend owes him a gold Dinar and his friend admits to owing a silver Dinar, Trisis, Pundyon, or Perutah, his friend is Chayav a Shevu'ah.
2. If someone claims that his friend owes him a Sela and his friend admits to owing a Sela minus two Kesef, he is Chayav a Shevu'ah.
3. Although there the Chiyuv of a Shevu'as Modeh b'Miktzas is only for a claim of at least two Kesef, a Chiyuv Shevu'ah to contradict the testimony of one witness applies even to a claim of a Perutah.
4. Shmuel maintains that if one claims from his friend wheat and barley, and his friend admits to only one of them, his friend is Chayav a Shevu'ah.
5. If one claims from his friend wheat and his friend admits that he owes barley, there is a disagreement about whether the friend is Chayav a Shevu'ah.
6. If one claims from his friend utensils and land, and his friend admits to owing utensils but denies owing land or vice versa, his friend is exempt from a Shevu'ah .
7. If one claims from his friend utensils and land, and his friend admits to a portion of the claim of utensils, his friend is Chayav a Shevu'ah even on the land.
8. If one claims from his friend wheat and the friend quickly admits to owing barley before the claimant can claim barley, if it appears to Beis Din that he was attempting to avoid a Shevu'ah he is Chayav to swear a Shevu'as Modeh b'Miktzas.
9. If a person claims from his friend two needles and his friend admits to owing one needle, the friend is Chayav a Shevu'ah.
10. If a person denies a claim completely, although he is exempt from a Shevu'ah Min ha'Torah he must swear a Shevu'as Heses d'Rabanan.
11. If a person falsely denies a loan, he remains eligible to serve as a witness, but if he falsely denies a Pikadon, he is disqualified from serving as a witness.
A BIT MORE
1. He must swear a Shevu'as Modeh b'Miktzas, since the claim was for a valuable coin and he admitted to a less valuable coin.
2. However, if he admits to owing a Sela minus a Me'ah, he is exempt from a Shevu.ah. This Beraisa supports the position of Rav who maintains that a person is Chayav a Shevu'as Modeh b'Miktzas only if his denial is at least two Kesef.
3. Since the testimony of two witnesses that a person is Chayav a Perutah obligates him to pay, the testimony of one witness obligates a person to make a Shevu'ah.
4. Although he denied one of the claims completely, his admission to one of the claims is considered Modeh b'Miktzas and he is Chayav a Shevu'ah.
5. The Rabanan maintain that he is exempt from a Shevu'as Modeh b'Miktzas, while Raban Gamliel maintains that he is Chayav.
6. There is no Chiyuv Shevu'ah on land. Since the admission or denial of the claim was on land, he is not Chayav a Shevu'as Modeh b'Miktzas.
7. Although there is no Chiyuv Shevu'ah on land, once he is Chayav a Shevu'ah on the utensils he is also Chayav a Shevu'ah on the land because of the concept of Gilgul Shevu'ah.
8. However, if it appears to Beis Din that he admit to owing barley because it was the truth and not because he wanted to admit it before it was claimed, he is exempt from a Shevu'as Modeh b'Miktzas.
9. Even if the needles are worth very little, he is Chayav a Shevu'as Modeh b'Miktzas. Although there is no Chiyuv Shevu'ah for a claim of less than two Kesef, when the claim was for two utensils there is a Chiyuv Shevu'ah even for less than two Kesef.
10. The Rabanan decreed that he must swear because there is a Chazakah that a person does not make a baseless claim against his friend. Although there is also a Chazakah that a person does not have the audacity to deny a claim made by his lender, we are afraid that he is denying the claim in order to buy time until he is able to pay.
11. If witnesses testify that at the time of his denial the Pikadon was in his possession, he is disqualified from testifying, even if he did not take a Shevu'ah.
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