SHEVUOS 25 (5 Teves) - Dedicated by Elliot and Lori Linzer in honor of the Yahrzeit of Meir Menachem ben Shlomo ha'Levi (Turkel).

[25a - 44 lines; 25b - 47 lines]

1)[line 5] MIDI D'IS BAH MESHASHA- something that is tangible

2)[line 14]TZEROR- a rock, pebble

3a)[line 18]HARA'AH- harm, detriment, e.g. to abstain from a certain type of food

b)[line 18]HATAVAH- good, benefit, e.g. to eat a certain food item

4)[line 21]NEDARIM

See Background to Shevuos 22:1.

5)[line 29]TZEDAKAH

(a)There is a Mitzvas Aseh to do Tzedakah with a person who needs it. As with all Mitzvos, it should be done happily and with a good heart, i.e. to give money to someone who needs money and to supply a poor person with whatever he needs for his livelihood.

(b)This Mitzvah is mentioned in a number of verses, e.g. " ; " "Ki Faso'ach Tiftach Es Yadecha Lo, v'Ha'avet Ta'avitenu Dei Machsoro Asher Yechsar Lo" - "But you shall open your hand wide to him; and shall surely lend him sufficient for his need, in that which he lacks" (Devarim 15:8). Also, " ; . -; " "V'Chi Yamuch Achicha u'Matah Yado Imach; v'Hechezakta Bo, Ger v'Soshav va'Chai Imach. Al Tikach me'Ito Neshech v'Sarbis v'Yareisa me'E-lokecha; v'Chei Achicha Imach" - "And if your brother has become poor, and his means fail in your proximity, then you shall strengthen him, although he may be a convert or a resident, that he may live with you. Take no interest from him, or increase; but fear your El-kim; that your brother may live with you" (Vayikra 25:35-36).

(c)From the words "Paso'ach Tiftach" (Devarim 15:8) it is learned that one is obligated to give again and again. The Mitzvah of Tzedakah also applies to a wealthy man who is need of a loan, a person who is sick, or anyone who is in need of something that he does not have. Even speaking comforting words is included in the Mitzvah of Tzedakah.

(d)There is also a Mitzvas Lo Sa'aseh associated with the Mitzvah of Tzedakah. It is found in the verse, " " "Lo Se'ametz Es Levavcha v'Lo Sikpotz Es Yadcha me'Achicha ha'Evyon" - "you shall not harden your heart nor close your hand from your brother, the destitute one" (Devarim 15:7). One should not hold himself back from giving Tzedakah or give it with a heavy heart; rather, one should give graciously. Rabeinu Yonah writes (Sha'arei Teshuvah 3:36) that we learn from these words to remove from ourselves the trait of cruelty and to plant in ourselves mercy and lovingkindness. When we give Tzedakah, it must be given with compassion. (SEFER HA'CHINUCH Mitzvah #478, 479)

6)[line 31] SHEVU'AH SHE'LO ISHAN SHELOSHAH YAMIM (SHEVU'AS SHAV / SHEVU'AS SHEKER)

(a)SHEVU'AS SHAV - It is forbidden to swear in vain, as the Torah states, " ' - " "Lo Sisa Es Shem HaSh-m El-kecha la'Shav" (Shemos 20:7). There are four types of oaths that are in vain:

1.a false oath about something known; e.g. that a marble pillar is made of gold

2.a true oath about something known; e.g. that a stone is a stone

3.an oath to transgress a Mitzvah

4.an oath which is impossible to keep; e.g. not to sleep for three days or not to eat for seven days.

(b)If a person swears in vain b'Mezid, he receives Malkus. This is the punishment for the Shevu'as Shav of "Lo Ishan Sheloshah Yamim" to which our Gemara refers. If he swears b'Shogeg he does not bring a Korban (SEFER HA'CHINUCH Mitzvah #30).

(c)SHEVU'AS SHEKER - It is forbidden to swear falsely, as the Torah states, " " "v'Lo Sishav'u vi'Shemi la'Shaker" (Vayikra 19:12). Chazal learn that this verse is referring to the topic of Shevu'as Bituy (see Background to Shevuos 2:1 and SEFER HA'CHINUCH Mitzvah #227).

(d)In general, the difference between a Shevu'as Shav and a Shevu'as Sheker is that a Shevu'as Shav is instantly known to be in vain as soon as the person swears, while a Shevu'as Sheker is not known to be a false Shevu'ah at the moment the person swears, but only afterward. When a person takes a false oath about the past, it is not always instantly known that the oath is false. Similarly, it cannot be known that an oath about the future will be false.

7)[line 32]L'ALTAR- immediately

8)[line 32] HACHA D'LO AMAR SHELOSHAH- the case to which our Mishnah refers is where he did not say three [days; rather, he says "today" or "for two days"]

25b----------------------------------------25b

9)[line 2] , , NISHBA L'VATEL ES HA'MITZVAH V'LO VITEL, PATUR- that is, he is exempt from the Korban Oleh v'Yored of Shevu'as Bituy, but he is liable to Malkus for Shevu'as Shav

10)[line 20]' ', ''''MASHBI'ECH ANI'' V'AMAR ''AMEN'' - "I adjure you" and he says, "Amen" (KABALAS SHEVU'AH)

A person who is asked to take an oath may answer with the word "Amen" and it is considered as if he said the oath himself (Shevuos 29b).

11)[line 22] HU MOSIV LAH, V'HU MEFAREK LAH- he asked the question and he himself answered it

12a)[line 24]L'KORBAN- for the Korban Oleh v'Yored of Shevu'as Bituy

b)[line 24]L'MALKUS- for Malkus for Shevu'as Shav

13)[line 32] SHEVU'AS SHEKER

See above, entry #6.

14)[line 34] LEISEI BI'CHELAL SHE'EINI YODE'A LACH EDUS (SHEVU'AS HA'EDUS)

(a)One of the litigants in a court case has the right to force a person to take an oath when he feels that the person is concealing testimony about the case. The oath that the alleged witness takes to claim that he is not harboring any testimony is called a Shevu'as ha'Edus (Vayikra 5:1).

(b)For example, a person asks two witnesses to testify on his behalf, in order to oblige the opposing litigant to pay him. The witnesses deny all knowledge of the case and even swear in court to that effect. If they admit afterwards that they did know testimony, they must bring a Korban Oleh v'Yored:

1.If they are wealthy, they each bring a female sheep or female goat.

2.If they cannot afford the animal, they may each bring two turtledoves or two common doves, one as a Chatas and one as an Olah.

3.If they cannot even afford birds, they may each bring an offering of 1/10 of an Eifah of flour as a Minchas Chatas (ibid. 5:5-13).

15)[line 39]"[ ] ; [ ]""[V'HAYAH CHI YE'SHAM] L'ACHAS ME'ELEH; [V'HISVADAH ASHER CHATA ALEHA]"- "[And it shall be, when he shall be guilty] in one of these things (mentioned above, verses 1-4); [that he shall confess that he has sinned in that thing]" (Vayikra 5:5).

16)[line 44] , , MISHUM D'HAVAH DAVAR SHEBI'CHELAL V'YATZA LIDON B'DAVAR HE'CHADASH, EIN LECHA VO ELA CHIDUSHO BILVAD

(a)In the Introduction to the Sifra (the Halachic Midrash to Vayikra), Rebbi Yishmael lists thirteen methods that Chazal use for extracting the Halachah from the verses of the Torah. One of them is "Kol Davar she'Hayah bi'Chlal v'Yatza Lidon b'Davar he'Chadash." This rule applies if an action or object was included in a general category of Halachah and was then singled out in a verse in order to tell us a new Halachah that applies to it that contradicts the general rule of the Klal. That Halachah only applies to the specific action or object and not to the general category, unless the verse specifically states otherwise. Our Gemara brings the example of Shevu'as ha'Edus, which is singled out to apply only to people who are permitted to testify and only if they take an oath in Beis Din. Shevu'as Bituy applies to all people, in or out of Beis Din.

(b)(This rule should not be confused with Davar she'Hayah bi'Chlal v'Yatza Min ha'Klal l'Lamed (see Background to Shevuos 7:4), which refers to a case where the new law that is mentioned with regard to the object that was singled out does not contradict the general rule of the Klal. Rather, a Halachah is stated again about a specific member of the Kelal.)

OTHER D.A.F. RESOURCES
ON THIS DAF