1)

(a)What does our Mishnah say about a case where Reuven asks witnesses under oath to come and testify that Shimon has a deposit, a loan, a stolen article and a lost article belonging to him, and they reply with a Shevu'ah ...

1. ... that they know of no such testimony?

2. ... that they are not aware that Shimon has any such article?

(b)What does the Tana then say about Reuven who asks witnesses under oath to testify that Shimon has a deposit comprising wheat, barley and spelt that belong to him?

(c)Why does the Tana find it necessary to repeat the Halachah?

1)

(a)Our Mishnah rules that if Reuven asks witnesses under oath to they come and testify that Shimon has a deposit, a loan, a stolen article or a lost article belonging to him, and they reply with a Shevu'ah ...

1. ... that they know of no such testimony - they are Chayav only one Korban Oleh ve'Yored.

2. ... that they are not aware that Shimon has a deposit, a loan, a stolen article and a lost article of his - they are Chayav four Korbanos (one for each item).

(b)The Tana then makes the same distinction, in a case where Reuven asks witnesses under oath to testify that Shimon has a deposit comprising wheat, barley and spelt that belong to him, as he made in the previous case.

(c)The Tana repeats the Halachah - because whereas the first case refers to one species but different claims, the second case refers to one claim but different species.

2)

(a)What does the Tana say about a case where Reuven says to two witnesses 'Mashbi'a Ani aleichem Im Lo Tavo'u Ve'te'iduni ...

1. ... she'Yesh li be'Yad P'loni Nezek, ve'Chatzi Nezek, Tashlumei Kefel, ve'Tashlumei Arba'ah ve'Chamishah'?

2. ... she'Anas Ish P'loni es Biti, u'Pitah es Biti'?

(b)And he says the same about 'Mashbi'a Ani Aleichem Im Lo Tavo'u Ve'te'iduni she'Hikani B'ni', ve'she'Chaval bi Chaveri ve'she'Hidlik Gedishi be'Yom ha'Kipurim'. Why must 'she'Hikani B'ni' be speaking about a wound that is less than a Shaveh P'rutah (even though 've'she'Chaval bi Chaveri' speaks about one that is more)?

(c)What is he then Chayav?

(d)What is the Chidush in the last case in the Mishnah 've'she'Hidlik Gedishi be'Yom ha'Kipurim' coming to teach us?

(e)What might the earlier cases of 'Chatzi Nezek, Arba'ah va'Chamishah ... ' be coming to teach us?

2)

(a)The Tana rules that if Reuven says to two witnesses 'Mashbi'a Ani aleichem Im Lo Tavo'u Ve'te'iduni ...

1. ... she'Yesh li be'Yad P'loni Nezek, ve'Chatzi Nezek, Tashlumei Kefel, ve'Tashlumei Arba'ah ve'Chamishah' - they are Chayav (as will be explained in the Sugya), and the same applies to ...

2. ... 'she'Anas Ish P'loni es Biti, u'Pitah es Biti'.

(b)And he says the same about 'Mashbi'a Ani Aleichem Im Lo Tavo'u Ve'te'iduni she'Hikani B'ni', ve'she'Chaval bi Chaveri ve'she'Hidlik Gedishi be'Yom ha'Kipurim'. 'she'Hikani B'ni' must be speaking about a wound that is less than a Shaveh P'rutah (even though 've'she'Chaval bi Chaveri' speaks about one that is more) - because otherwise, the son would be Chayav Misah, in which case he would be Patur from paying, and the Chiyuv Korban of witnesses only applies where they cause a monetary loss.

(c)In fact, he is then Chayav to pay - Boshes (for the embarrassment)

(d)The last case in the Mishnah 've'she'Hidlik Gedishi be'Yom ha'Kipurim' is coming to teach us that - even though the culprit is Chayav Kareis, it nevertheless constitutes a monetary claim, since Kareis does not exempt him from the Chiyuv Mamon.

(e)The earlier cases of of 'Chatzi Nezek, Arba'ah va'Chamishah ... ' might be coming to teach us that Edei K'nas are subject to Shevu'as ha'Eidus too (though this is subject to a discussion in the Sugya).

3)

(a)What do we learn from the Pasuk in Mishpatim (in connection with payment of a K'nas) "Asher Yarshi'un Elohim"?

(b)We ask whether Eidei K'nas who deny knowledge of the testimony, are Chayav to bring a Korban or not. What is the basis of the She'eilah? Why might they...

1. ... be Patur?

2. ... nevertheless be Chayav?

(c)Why does the She'eilah not even begin according to Rebbi Elazar b'Rebbi Shimon? What does he say about witnesses who testify after the defendant has already admitted that he owes the K'nas?

(d)Why can the Rabbanan of Rebbi Elazar b'Rebbi Shimon not hold like Rebbi Elazar b'Rebbi Shimon in the previous Sugya ('Mashbi'a Eid Echad, Chayav')?

3)

(a)We learn from the Pasuk (in connection with payment of a K'nas) "Asher Yarshi'un Elohim" that - it is only someone who is sentenced to pay by the Dayanim who is Chayav to pay K'nas, but not by his own admission.

(b)We ask whether Eidei K'nas who deny knowledge of the testimony are Chayav to bring a Korban or not. They might...

1. ... be Patur - because, since the defendant will be Patur if he admits his guilt, it is not considered Mamon.

2. ... nevertheless be Chayav - because at this point in time, he has not yet admitted his guilt, in which case, it is Mamon.

(c)The She'eilah does not even begin according to Rebbi Elazar b'Rebbi Shimon - who obligates the defendant to pay K'nas even after he has admitted, should the witnesses subsequently testify against him (in which case it is definitely Mamon).

(d)Neither can the Rabbanan of Rebbi Elazar b'Rebbi Shimon hold like Rebbi Elazar b'Rebbi Shimon in the previous Sugya ('Mashbi'a Eid Echad, Chayav') - because, even if he will be permanently Patur from K'nas by his own admission, it is no worse than 'Davar ha'Gorem le'Mamon, for which Rebbi Elazar b'Rebbi Shimon obligates a Korban.

4)

(a)In rejecting the proof from 'Chatzi Nezek' in our Mishnah, that the witnesses are Chayav for their denial in cases of K'nas, we initially establish the case according to those who hold in Bava Kama 'Palga Nizka Mamona'. How do we finally establish it even according to those who hold 'Palga Nizka K'nasa'?

(b)Why can we not resolve the She'eilah from the cases of K'nas in our Mishnah ...

1. ... 'Tashlumei Kefel' and 'Tashlumei Arba'ah va'Chamishah'?

2. ... 'she'Anas Ish P'loni es Biti u'Pitah es Biti'?

(c)If the Chidush is not 'K'nas' then what is the Chidush ...

1. ... in the Reisha ('Chatzi Nezek, Kefel, Arba'ah va'Chamishah')?

2. ... in the Seifa ('she'Anas Ish P'loni es Biti ve'she'Pitah es Biti ... ve'she'Hidlik es Gedishi be'Yom ha'Kipurim')?

(d)This final statement comes to preclude the opinion of Rebbi Nechunyah ben ha'Kanah. What does he say in a case where Reuven lit Shimon's haystack on Yom Kipur?

4)

(a)In rejecting the proof from 'Chatzi Nezek' in our Mishnah, that the witnesses are Chayav for their denial in cases of K'nas, we initially establish the case according to those who hold in Bava Kama 'Palga Nizka Mamona'. We finally establish it even according to those who hold 'Palga Nizka K'nasa' however - by confining it to a case of 'Chatzi Nezek Tz'roros' (where an animal damages by kicking up stones as it walks), which is considered Mamon according to everyone.

(b)We cannot resolve the She'eilah from the cases of K'nas in our Mishnah ...

1. ... 'Tashlumei Kefel' and 'Tashlumei Arba'ah va'Chamishah' - where the witnesses may well be Chayav only because of the Keren, which they denied, too.

2. ... 'she'Anas Ish P'loni es Biti u'Pitah es Biti' - where, by the same token, they may only be Chayav because of the 'Boshes and P'gam' (the embarrassment and the depreciation of the girl, which are Mamon, and for which the witnesses are Chayav too).

(c)If the Chidush both in the Reisha and in the Seifa, is not 'K'nas', then ...

1. ... in the Reisha ('Chatzi Nezek, Kefel, Arba'ah va'Chamishah') the fact that (due to a 'Halachah le'Moshe mi'Sinai'), it is that - 'Chatzi Nezek Tz'roros' is Mamon and not K'nas (in spite of the fact that he only pays half).

2. ... in the Seifa ('she'Anas Ish P'loni es Biti ve'she'Pitah es Biti ... ve'she'Hidlik es Gedishi be'Yom ha'Kipurim') it is that - someone who is Chayav Kareis (which is bi'Yedei Shamayim) is not absolved from paying.

(d)This final statement comes to preclude the opinion of Rebbi Nechunyah ben ha'Kanah, who rules, in a case where Reuven lit Shimon's haystack on Yom Kipur that - he is Patur from paying (just like he would be if he was Chayav Misah at the hand of Beis-Din).

5)

(a)What do we try to prove from the Beraisa, which obligates witnesses who deny knowledge that Shimon married Reuven's daughter and then claimed that she had not been a virgin when he married her, to bring a Korban?

(b)To reject the proof, who do we establish as the author of the Beraisa?

(c)We query this however, by pointing out that the Seifa 'Hodeh mi'Pi Atzmo, Patur', seems to go like the Rabbanan. What makes us say that? How do we initially explain the Beraisa?

(d)We finally establish the entire Beraisa like Rebbi Elazar b'Rebbi Shimon. How will we then explain the Seifa?

(e)What is then the Chidush?

5)

(a)We try to prove from the Beraisa, which obligates witnesses who deny knowledge that Shimon married Reuven's daughter and then claimed that she had not been a virgin when he married her, to bring a Korban that - witnesses are Chayav even for denying K'nas too.

(b)We reject the proof however - by establishing the author of the Beraisa as Rebbi Elazar b'Rebbi Shimon, who rules that should the witnesses subsequently testify, the defendant remains Chayav to pay (in which case, it is Mamon, as we explained earlier).

(c)We query this however, by pointing out that the Seifa 'Hodeh mi'Pi Atzmo, Patur', which, at first glance, speaks - even where the witnesses subsequently testify, seems to go like the Rabbanan.

(d)We finally establish the entire Beraisa like Rebbi Elazar b'Rebbi Shimon in which case the Seifa speaks - where there are no witnesses ...

(e)... and the Chidush is - that the defendant is only Patur by his own admission provided there are no witnesses to come and override his admission.

33b----------------------------------------33b

6)

(a)Why does our Mishnah exempt the witnesses from a Korban, in a case, where, following Reuven's claim, they deny knowledge that ...

1. ... Reuven is a Kohen, or a Levi, is not a ben Gerushah or a ben Chalutzah, or that Shimon is a Kohen ... '?

2. ... Levi raped Shimon's daughter or enticed her?

(b)Why can the Tana not mean that Shimon raped or enticed his own daughter and he is Patur because he is Chayav Misah?

(c)The Tana concludes 've'she'Chaval bi B'ni, ve'she'Chaval bi Chaveri ve'she'Hidlik Gedishi be'Shabbos' (Patur). What is the reason for these three rulings?

6)

(a)Our Mishnah exempts the witnesses from a Korban where, in a case, where, following Reuven's claim, they deny knowledge that ...

1. ... Reuven is a Kohen, or a Levi, is not a ben Gerushah or a ben Chalutzah, or that Shimon is a Kohen ... ' - because this is not a monetary claim.

2. ... Levi raped Shimon's daughter or enticed her - because it is a third person who is claiming from the witnesses and not the claimant himself (and this reason as well, pertains also to the previous case).

(b)The Tana cannot mean that Shimon raped his own daughter and he is Patur because he is Chayav Misah - because if a father receives K'nas from others who raped or enticed his daughter, he is certainly not obligated to pay her if he is the culprit, in which case the witnesses are Patur anyway, since there is no monetary claim. Note, that even if it was the daughter who received the K'nas (see Tosfos Yom-Tov) seeing as she is not the one who is claiming from the witnesses, what difference does it make whether the father is Chayav Misah or not?

(c)The Tana concludes 've'she'Chaval bi B'ni, ve'she'Chaval bi Chaveri ve'she'Hidlik Gedishi be'Shabbos' - where the witnesses are Patur, because seeing as all these three are Chayav Misah, they are Patur from paying and there is no monetary claim.

7)

(a)The Tana inserts the case of 'Ish P'loni Kohen hu ... ', implying that in a case of 'Manah li'Peloni be'Yad P'loni (which involves a monetary claim), the witnesses would be Chayav. What is the problem with this?

(b)How does Shmuel therefore establish the Mishnah?

(c)The Neherda'i prohibit writing an Urch'sa on Metaltelin. What is an 'Urch'sa'? What is the Neherda'i's reason?

(d)How do we now reconcile Shmuel (who was Rosh Yeshivah in Neherda'a) with the Neherda'i?

7)

(a)The Tana inserts the case of 'Ish P'loni Kohen hu ... ', implying that in a case of 'Manah li'Peloni be'Yad P'loni (which involves a monetary claim), the witnesses would be Chayav - despite the fact that it is a third person who is claiming from the witnesses!

(b)Shmuel therefore establishes the Mishnah - where the real owner authorized the claimant by means of a Harsha'ah to claim the debt on his own behalf.

(c)The Neherda'i prohibit writing an Urch'sa - which is another word for Harsha'ah (based on the word 'Urchan' meaning rulership [or authority]) on Metaltelin - because it is 'Mechzi ke'Shikra' (it looks a lie, since the Sh'tar Harsha'ah refers to the money being in te borrower's domain, whereas the borrower may well have spent it).

(d)We now reconcile Shmuel (who was Rosh Yeshivah in Neherda'a) with the Neherda'i - by restricting the latter's ruling to a loan which the debtor denies (whereas Shmuel is referring to a case where he admits that he owes the money, in which case 'Mechzi ke'Shikra' does not apply).

8)

(a)What does Rebbi Eliezer learn from the fact that the Torah writes "O Ra'ah O Yada" here (by Shevu'as ha'Eidus), and "O bi'Sesumes Yad O be'Gazel O Ashak" by Shevu'as ha'Pikadon?

(b)On what grounds do we prefer to learn from the 'O'in' of Shevu'as ha'Pikadon rather than from the 'O'in' of Rotze'ach ("O be'Eivah Hikahu O Hishlich alav bi'Tzedi'ah" [in Parshas Mas'ei])?

(c)Why do we then not learn from the 'O'in' of Sotah ("O Avar alav Ru'ach Kin'ah O Ish asher Ta'avor alav ... "), which does mention Shevu'ah, and which, like Rotze'ach, is not confined specifically to Mamon?

8)

(a)Rebbi Eliezer learns from the fact that the Torah writes "O Ra'ah O Yada" here (by Shevu'as ha'Eidus), and "O bi'Sesumes Yad O be'Gazel O Ashak" by Shevu'as ha'Pikadon that - the former, like the latter, is confined to cases which involve a monetary loss.

(b)We prefer to learn from the "O"s of Shevu'as ha'Pikadon rather than from the "O"s of Rotze'ach ("O be'Eivah Hikahu O Hishlich alav bi'Tzedi'ah" [in Parshas Mas'ei]), which do not refer specifically to Mamon - because the Pasuk there is not speaking about Shevu'ah.

(c)And the reason that we do not learn it from the "O'in" of Sotah ("O Avar alav Ru'ach Kin'ah O Ish asher Ta'avor alav ... " [in Parshas Naso]), which does mention Shevu'ah, and which, like Rotze'ach, is not confined specifically to Mamon is - because it involves a Kohen, which neither Shevu'as ha'Eidus nor Shevu'as ha'Pikadon do.

9)

(a)And what does ...

1. ... Rebbi Akiva learn from the word "me'Eileh" (in the Pasuk, in connection with Shevu'as Oleh ve'Yored "Vehayah ki Ye'sham le'Achas me'Eileh")?

2. ... Rebbi Yossi ha'Gelili learn from "ve'Hu Eid O Ra'ah O Nishba"?

(b)What is a case of ...

1. ... Re'iyah without Yedi'ah?

2. ... Yedi'ah without Re'iyah?

(c)In which point does Rebbi Shimon learn Shevu'as Eidus from Shevu'as ha'Pikadon?

(d)How does he initially back this up with a 'Kal va'Chomer'? Which series of Chumros does Pikadon have over Eidus?

9)

(a)And Rebbi ...

1. ... Akiva learns from the word "me'Eileh" (in the Pasuk, in connection with Shevu'as Oleh ve'Yored "Vehayah ki Ye'sham le'Achas me'Eileh") that - the witnesses are only Chayav a Korban for some cases, namely, those that involve a monetary claim (as will be explained later).

2. ... Yossi ha'Gelili learns from "ve'Hu Eid O Ra'ah O Nishba" that - they are only Chayav for cases that are subject to Yedi'ah without Re'iyah (knowing the facts without having seen them), or Re'iyah without Yedi'ah (seeing them without knowing them).

(b)A case of ...

1. ... Re'iyah without Yedi'ah is - where Reuven counted out the money that he gave Shimon without informing him whether it was a gift or a loan, or whether he was not repaying a loan in front of P'loni u'Peloni, and Shimon agreed to pay if P'loni u'Peloni would come and testify (see Ritva).

2. ... Yedi'ah without Re'iyah - where Reuven admitted that he owed Shimon money (without the witnesses having seen the actual loan taking place).

(c)Rebbi Shimon learns Shevu'as Eidus from Shevu'as ha'Pikadon - with regard to confining it to a case that involves a monetary claim.

(d)Initially, he backs this up with a 'Kal va'Chomer' - because he says, if a Shevu'as ha'Pikadon, which pertains to women, relatives, Pesulim, and on each item even not in the presence of Beis-Din, is confined to monetary issues, then Shevu'as Eidus, which is restricted to men, non-relatives, Kesheirim and they are Chayav only one Korban and in the presence of Beis-Din should certainly be confined to monetary issues.

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