[32a - 48 lines; 32b - 40 lines]
1a)[line 9]"[נפש כי תחטא ומעלה מעל בה';] וכחש בעמיתו [בפקדון או בתשומת יד או בגזל או עשק את עמיתו]'""V'CHICHESH BA'AMISO..."- "[If a person sins, and commits treachery against HaSh-m;] and lies to his neighbor [about an object that was delivered to him to guard, or about [money given to him as] a loan, or about an object taken away by force, or he has defrauded his neighbor]" (Vayikra 5:21).
b)[line 9]"וכחש בעמיתו", כל דהו!"V'CHICHESH BA'AMISO:" KOL D'HU!- from the words "v'Chichesh ba'Amiso" themselves, we learn that any form of denial is sufficient to obligate the suspect in a Korban Shevu'as ha'Pikadon (including, for example, when the plaintiff is running after the suspect and the suspect swears that he does not owe him any money); the word "Amar" of the Mishnah (Daf 36b) is obviously not a prerequisite for Shevu'as ha'Pikadon.
2)[line 21]"[ונפש כי תחטא ושמעה קול אלה והוא עד או ראה או ידע;] אם לוא יגיד ונשא עונו""[V'NEFESH KI SECHETA V'SHAM'AH KOL ALAH V'HU ED O RA'AH O YADA;] IM LO YAGID V'NASA AVONO"- "[And if a person sins, and hears (and accepts) the demand for an oath, and he is a witness, whether he has seen or known of it;] if he does not utter it (i.e. testify), then he shall bear his iniquity" (Vayikra 5:1).
3)[line 25]"[והיה כי יאשם] לאחת [מאלה; והתודה אשר חטא עליה]""[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) - The Sifra from which this Derashah is quoted (Perek 14, 316:1) refers to one of the three sins of Shevu'as ha'Edus, Tum'as Mikdash v'Kodashav, or Shevu'as Bituy (RAV L. BERLIN). As such, it is difficult to understand how this word is being used to teach that one may be liable to multiple Shevu'os as long as they were made outside of Beis Din. (See PARDES YITZCHAK, who understands that the Gemara is referring to the word "l'Achas" from the verse dealing with Shevu'as Bituy (ibid. 5:4), which is also difficult, since our Gemara is referring to Shevu'as ha'Edus.)
4)[line 32]אי אפשר לצמצםIY EFSHAR L'TZAMTZEM - it is impossible to be so precise
The Tana'im argue as to whether it is possible for natural (i.e., not intentionally planned) events to occur simultaneously or not. For example, Rebbi Yosi rules that it is possible for the two witnesses to voice their denial of knowledge of evidence simultaneously, while the Rabanan disagree.
5)[line 34]ותוך כדי דיבור כדיבור דמיTOCH KEDEI DIBUR K'DIBUR DAMI
(a)"Toch Kedei Dibur" is the length of time that it takes for a student to say a greeting to his teacher (e.g. "Shalom Alecha Rebbi"). "K'Dibur Dami" means that within this small amount of time, we view an act or speech as not yet completed and still continuing.
(b)In the case of the testimony of witnesses, if witnesses testified successively, each beginning his words within "Kedei Dibur" of the testimony of the previous witness, then we consider the testimony to be "k'Echad," as stated in our Mishnah. "B'Zeh Achar Zeh" refers to a case where the second witnesses testified after "Kedei Dibur" of the previous witness. Their testimony is not considered "k'Echad" with regard to Shevu'as ha'Edus, and the first witness is obligated to bring a Korban while the second one is exempt.
6a)[line 35]כדי שאילת תלמיד לרבKEDEI SHE'EILAS TALMID L'RAV- the length of time that it takes for a student to say a greeting to his teacher (e.g. "Shalom Alecha Rebbi")
b)[line 35](איכא דאמרי כדי שאילת הרב לתלמיד)(IKA D'AMREI KEDEI SHE'EILAS HA'RAV L'SALMID)- some say that it is the length of time that it takes for a teacher to say a greeting to his student (e.g. "Shalom Alecha")
7)[line 37]כל אחד ואחד תוך [כדי] דיבורו של חבירוKOL ECHAD V'ECHAD TOCH [KEDEI] DIBURO SHEL CHAVEIRO- each witness began his denial of knowledge of testimony within Toch Kedei Dibur of the end of the previous witness's denial
8)[line 41]סוטהSOTAH
(a)A Sotah is a woman who is suspected of committing adultery, who was warned by her husband not to seclude herself with a certain man and she then violated the warning. The process of warning her in front of witnesses is called Kinuy. The witnesses who see her seclude herself with the suspected adulterer are called Eidei Stirah. The time of seclusion must be at least for the time that it takes to roast an egg and swallow it. The woman is forbidden to her husband and the alleged adulterer until she drinks Mei Sotah (see (d) below). If she committed adultery before two witnesses after not heeding their warning, she is put to death by Chenek (choking), as it states in the Torah (Devarim 22:22). One witness to adultery ("Ed Tum'ah") prevents her from drinking the Mei Sotah.
(b)After Kinuy and Stirah, the husband must bring his wife to the Beis ha'Mikdash to perform the ceremony of the Mei Sotah. On the way there, Beis Din appoints two Torah scholars to accompany them to make sure that they do not engage in marital relations, which are forbidden to them. Moreover, if the couple does have marital relations at this point, the Mei Sotah will not work, since the husband must be "Menukeh me'Avon," clear (lit. cleaned) of sin, for the ceremony to work. The Gemara (Sotah 47b) explains that this means that he did not have relations with his wife from the time that she became prohibited to him, or with any other woman (ever) who was prohibited to him (RASHI to Sotah ibid.).
(c)The husband brings a sacrifice consisting of 1/10 of an Eifah (approx. 2 quarts) of barley meal as a Minchah offering. In the Azarah of the Beis ha'Mikdash, a Kohen reads Parshas Sotah, the portion of the Torah describing the curses with which a Sotah is cursed, out loud (in any language that the Sotah understands) and makes the Sotah swear that she has been faithful to her husband.
(d)An earthenware jug is then filled with half a Log of water from the Kiyor, and dirt from the floor of the Azarah is placed on top of the water. Parshas Sotah (that contains numerous appearances of HaSh-m's name) is written on parchment and then immersed in the water, which causes the ink to dissolve, erasing the Holy Names. The Sotah afterwards drinks from the water. If she was unfaithful to her husband and allowed herself to become defiled, the water would enter her body and poison her, causing her belly to swell out and her thigh to rupture. If she was faithful to her husband, she remained unharmed and would be blessed that she would become pregnant (Bamidbar 5:11-31). In times when there is no Mei Sotah, such as in the present day, a Sotah must be divorced and does not receive her Kesuvah.
(e)With regard to Shevu'as ha'Edus of witnesses to the different stages of Parshas Sotah, our Gemara explains Abaye's statement as follows: All agree that an Ed Tum'ah will be liable to bring a Korban, since by withholding his testimony he causes the husband a monetary loss of the value of the Kesuvah, which he would not have had to pay. All agree that Eidei Kinuy are exempt from a Korban, since their testimony is one step removed from causing the husband a monetary loss ("Gorem d'Gorem d'Mamon"). There is an argument with regard to Eidei Stirah, since their testimony is deemed "Gorem l'Mamon." (See below, entry #10, "Davar ha'Gorem l'Mamon.")
9)[line 42]שכנגדו חשוד על השבועהSHE'KENEGDO CHASHUD AL HA'SHEVU'AH (SHEVU'AH: CHASHUD)
(a)A person who is required to take an oath in Beis Din, but they have reason to suspect that he will lie if he swears (because he has a history of swearing falsely or of gambling or other forms of theft) is called a "Chashud Al ha'Shevu'ah" and is prohibited from making Shevu'os.
(b)When Beis Din do not allow a person who is Chashud Al ha'Shevu'ah to swear, they redirect the Shevu'ah to the other litigant. For example, if a person admits to half of the claim against him, requiring him to swear a Shevu'as Modeh b'Miktzas, but he is Chashud Al ha'Shevu'ah, then the person who made the claim against him may swear that his claim is true and collect what he claimed.
10)[line 44]דבר הגורם לממון כממון דמי / לאו כממון דמיDAVAR HA'GOREM L'MAMON K'MAMON DAMI / LAV K'MAMON DAMI
(a)Davar ha'Gorem l'Mamon refers to an object that the owner has neither the right to eat, use, nor derive benefit from in any way. Still, if this object is destroyed, it causes its owner a financial loss. Examples of this are:
1.An object that is Asur b'Hana'ah at present but will be Mutar b'Hana'ah in the future, such as Chametz on Pesach according to Rebbi Shimon, who permits its use after Pesach;
2.An item that one accepted to be Shomer (to care for and return it to its owner unharmed) that became Asur b'Hana'ah or invalidated from use while it is in the hands of the Shomer. In certain circumstances, if a Shomer returns such an item (although it is now worthless) to its owner, he is not responsible to replace it with an object of value.
(b)The Tana'im (Bava Kama 74b) argue as to whether a person who steals or damages such an item is liable to pay the owner for it or for the damages (since he caused the owner a financial loss) or not (since it is worthless at present in either case).
(c)Our Sugya considers testimony that would exempt the husband from paying his wife's Kesuvah a Davar ha'Gorem l'Mamon. Withholding such testimony causes the husband a financial loss when he is required to pay his wife's Kesuvah.
11)[line 47]בעד טומאהED TUM'AH- see above, entry #8
12)[line 47]"ועד אין בה""V'ED EIN BAH"- "and there is no witness (i.e. a pair of witnesses) [to testify] against her" (Bamidbar 5:13).
13)[last line]בעדי קינויEDEI KINUY- see above, entry #8
14)[last line]דהוה גורם דגורםD'HAVAH GOREM D'GOREM- since it is one step removed from causing the husband a monetary loss
32b----------------------------------------32b
15)[line 1]בעדי סתירהEDEI STIRAH- see above, entry #8
16)[line 9]ששניהן חשודין... חזרה שבועה...SHNEIHEN CHASHUDIN... CHAZRAH SHEVU'AH... (SHEVU'AH: CHASHUD)
(a)See above, entry #9.
(b)When both litigants are Chashudin Al ha'Shevu'ah, Raboseinu shebe'Bavel (Rav and Shmuel) rule that "Chazrah Shevu'ah l'Sinai," that neither of them make a Shevu'ah and Beis Din does not extract the money (rather, we depend on HaSh-m to straighten out the monetary accounts). Raboseinu shebe'Eretz Yisrael (Rebbi Aba) rule that "Chazrah Shevu'ah l'Mechuyav Lah," that the obligation to swear reverts to the litigant who was required to make the Shevu'ah originally, and since he cannot swear, he pays (Shevuos 47a).
17)[line 12]דרבי אבאD'REBBI ABA- [the case] of Rebbi Aba (which is also known as Nascha d'Rebbi Aba - the bullion (a bar of metal such as silver or gold) that a certain person snatched, for which he was taken to Rebbi Ami's Beis Din. In that case, Rebbi Ami accepted the words of Rebbi Aba, who offered the decisive opinion in the case, as the Gemara proceeds to narrate.)
18)[line 12]דחטף נסכאD'CHATAF NASCHA- who snatched a bar of bullion
19)[line 17]איכא חד סהדאIKA CHAD SAHADA (SHEVU'AH: ED ECHAD)
See Background to Shevuos 31:23:a.
20)[line 18]לישתבעLISHTABA- [shall he] swear [that he did not grab it]
21)[line 19]הוה ליה כגזלןHAVAH LEI K'GAZLAN - [for this Shevu'ah,] he is considered like a Gazlan (RASHI) (SHEVU'AH: PESUL GAZLAN)
A Gazlan (robber) is disqualified from giving testimony, as the verse states, "אל תשת ידך עם רשע להית עד חמס" "Al Tashes Yadecha Im Rasha Liheyos Ed Chamas" - "do not place your hand with the wicked to be a thieving witness" (Shemos 23:1). As such, if Beis Din learns (through testimony that was given or other evidence) that someone is a Gazlan, he is disqualified from giving testimony in Beis Din.
22)[line 22]בעד מיתהED MISAH- a witness to the death of a certain person, who, by withholding his testimony, causes the person's wife a financial loss since she is not able to collect the value of her Kesuvah from the person's heirs
23a)[line 24]דאמר לה לדידהD'AMAR LAH L'DIDAH- when he told her [about the death of her husband]
b)[line 25]ולא אמר להו לבית דיןV'LO AMAR LEHU L'VEIS DIN- but he did not testify about it in Beis Din
24)[line 26]האשה שאמרה "מת בעלי", תנשא; "מת בעלי", תתיבםHA'ISHAH SHE'AMRAH "MES BA'ALI," TINASEI; "MES BA'ALI," TISYA'BEM- a woman who testified that her husband died is permitted to remarry; a woman who testified that her husband died is required to perform Yibum or Chalitzah (see Background to Sanhedrin 31:30)
25)[line 29]משביע עדי קרקעMASHBI'A EDEI KARKA- one who induces witnesses to swear about a claim of real estate, for which there is normally no Shevu'ah, and for which the Amora'im argue as to whether such witnesses are required to bring a Korban Shevu'as ha'Edus (see Daf 37b). The claim of a woman for the value of her Kesuvah is considered a claim of real estate since the Kesuvah is normally paid with a parcel of land.
26)[line 30]דלמא דתפישא מטלטליDILMA DI'TEFISA METALTELEI- perhaps that woman took possession of movable items of her husband while he was alive, and now she intends to keep them as a partial (or full) payment of her Kesuvah. As such, this is in reality not a claim of real estate but of movable items, for which a Shevu'ah is required.
27)[line 35]דתוך כדי דיבור כדיבור דמיTOCH KEDEI DIBUR K'DIBUR DAMI
See above, entry #5.