SHEVUOS 41 - 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.

[a - 41 lines; b - 46 lines]

1)[line 2]דררא דממונאDERARA D'MAMONA- a real doubt about who is entitled to the money (see Background to Bava Basra 35:4)

2)[line 4]מיפך שבועהMEIPACH SHEVU'AH- one who "reverses" the oath. The defendant refuses to swear and demands that the claimant swear if he wants to collect.

3)[line 8]מיחת לנכסיהMEICHAS L'NECHASEI- literally, to go down to his property. If the defendant refuses to swear, Beis Din sells his property to pay the claimant.

4)[line 15]שכנגדו חשוד על השבועהSHE'KENEGDO CHASHUD AL HA'SHEVU'AH- see Background to 32:9.

5)[line 18]ותקנתא לתקנתא לא עבדינןV'TAKANTA L'TAKANTA LO AVDINAN- and we do not institute an enactment (to reverse the oath when he is disqualified from swearing) for another enactment (rather, he is exempt)

6)[line 21]משמתינן ליהMESHAMTINAN LEI- we excommunicate him

7)[line 22]האי נקטיה בכובסיה דנשבקיה לגלימיה הואHAI "NAKTEI B'KOVSEI D'NISHBEKEI L'GELIMEI" HU- this is a case of "he holds him by his private parts so that he will give up his cloak," i.e. coercion (by excommunicating him until he pays his debt, this is the ultimate form of forcing him to pay and "going down to his property" to collect)

8)[line 24]עד דמטי זמן נגדיה ונגדינן ליה ושבקינן ליהAD D'MATI ZEMAN NAGDEI V'NAGDINAN LEI V'SHAVKINAN LEI- [we excommunicate him] until the time comes to give him lashes (i.e., he is given 30 days to obey the order to pay), and then we give him lashes and we leave him (and remove the ban of excommunication)

9)[line 27]לאו כל כמינךLAV KOL KEMINECH- you do not have the power [to say that the debt was paid]

10)[line 30]לפוגם את שטרוL'FOGEM ES SHETARO- [what is the difference between this case] to the case of one who admits that the deed of debt that he is holding was partially paid back (lit. "harmed")

11)[line 35] צורבא מרבנן משלח גלימא דאינשי TZURBA ME'RABANAN MISHLACH GELIMA D'INSHEI -just because he is a Torah scholar (see Background to Berachos 47:15), may he take the clothes off of people (and take others' money without swearing)?

12)[line 35]לא מזדקקינן ליה לדיניהLO MIZDAKEKINAN LEI- we do not make a Torah scholar swear (and thus he may not collect)

13)[line 41]כיון דתבעיה בעדים כמאן דאוזפיה בעדיםKEVAN D'TAV''EI B'EDIM K'MAN D'OZFEI B'EDIM- since he claimed money from him in front of witnesses, he is like one who lent the money to him in front of witnesses

41b----------------------------------------41b

14)[line 3]הימניהHEMNEI- they believed him

15)[line 14]תנאי היאTENAI HI- it is a disagreement among the Tena'im

16)[line 30]באפיB'API- in front of me

17)[line 34]איתניסוISNISU- [the money] was lost

18)[line 38]וספראV'SIFRA- and Sifra, or Toras Kohanim, one of the earliest commentaries on Vayikra, which was written by Rav (circa 220 C.E.) and which follows the opinion of Rebbi Yehudah (it is also called Sifra d'Vei Rav)

19)[line 38]וספריV'SIFRI- and Sifri, one of the earliest commentaries on Bamidbar and Devarim, which follows the opinion of Rebbi Shimon

20)[line 39]ותוספתאV'TOSEFTA- and Tosefta, a collection of Beraisos and teachings of Tana'im

21)[line 44]הוחזק כפרןHUCHZAK KAFRAN- he is presumed to be a liar (and Beis Din does not allow him to make a Shevu'ah)

22)[line 45]כל מילתא דלא רמיא עליה דאיניש לאו אדעתיהKOL MILSA D'LO RAMYA ALEI D'INISH LAV ADA'ATEI- any matter in which a person does not have a vested interest (i.e. that is not very important to him to remember), he does not pay attention to

23)[line 46]דמסיקנא בךD'MASIKNA BACH- that I lent you

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