1)

What is the significance of the term Shevu'as Hashem ... "

1.

Mechilta: It teaches us that every Shevu'ah listed in the Torah must be made with the Name Havayah. 1


1

See Torah Temimah, note 129.

2)

What will be the Din if the Shomer Sachar made personal use of the article?

1.

Rashi: If he did, he will be Chayav even for Onsin. 1

2.

Da'as Zekenim and Hadar Zekenim (in Pasuk 5, both citing R. Tam): Pasuk 12 states that, if he can bring witnesses [that the animal died be'Oneis] he is Patur and that he does not need to swear that he was not Shole'ach Yad. This implies that even if he was Shole'ach Yad, if he returned it to its place, he is exempt for Onsin that occurred later.


1

Refer also to 22:7:1:1*. In fact, both a Shomer Chinam and a Shomer Sachar who make personal use of the object are Chayav to pay, irrespective of what subsequently happens to it (Rashi, in Bava Kama, 41b).

3)

On what condition is a Shomer Sachar Chayav for Shelichus Yad?

1.

We learn via a Gezeirah Shavah 'Shelichus Yad' 'Shelichus Yad' from Shomer Chinam that he is only Chayav after swearing in Beis-Din, if he took the article for himself and for 'Kol D'var Pesha'. 1


1

See Torah Temimah, note 135.

4)

What are the implications of "Velakach Be'alav ve'Lo Yeshalem"?

1.

Mechilta #1: It implies that (the owner must accept the Shevu'ah of) the defendant who swears and is exempt from paying, 1 and it is not the owner who swears and takes.

2.

Mechilta #2: It implies that the onus of looking after the Neveilah lies on the owner. 2

3.

Teshuvas ha'Rambam: It implies that it is only on money matters that one swears, but not on matters concerning Isur. 3


1

Mechilta: And this is the Halachah throughout the Torah. See Torah Temimah, note 136.

2

See Torah Temimah, note 137.

3

See Torah Temimah, note 138.

5)

What are the implications of "Bein Sheneihem"?

1.

Shevu'os, 47a: It implies "Bein Sheneihem", 've'Lo Bein ha'Yorshim' - If Reuven says to Shimon 'Your father had a Manah that belonged to my father (that you inherited), and Shimon admits to fifty Sela'im and the other half he does not know, 1 he is Patur from making a Shevu'ah

2.

Shevu'os 47b: It implies that the Shevu'ah falls on both of them - that the claimant shares in the punishment of the Chilul Hashem involved for having handed over his money to a dishonest person. 2

3.

Mechilta: To preclude (to include - G'ra) where the defendant is suspect on swearing, in which case Beis-Din switch the Shevu'ah 3 to the claimant. 4

4.

Mechilta: It implies that the defendant only swears if the claimant demands a Shevu'ah, but that Beis-Din can otherwise not force him to. 5

5.

Hagahos Maimoni (in Perek 5 of Hilchos To'en ve'Nit'an, quoting R. Hai Gaon): It precludes a married woman, from swearing - since she is under the jurisdiction of her husband. 6


1

See Torah Temimah, note 130.

2

See Torah Temimah, note 131.

3

Moshav Zekenim, ibid.: Though this only applies to a Torah Shevu'ah, not to Shevu'ah de'Rabbanan.

4

Refer to 22:10:2:1. See Torah Temimah, note 132, who elaborates.

5

See Torah Temimah, note 133.

6

See Torah Temimah, note 134.

Sefer: Perek: Pasuk:

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