(a)Shevu'as ha'Pikadon applies to men and to women, to non-relatives and to relatives, to Kesheirim and Pesulim alike. Why does the Tana see fit to include 'to men and to women'?
(b)In the middle ruling, to whom is the Noder related?
(c)It also applies both to someone who is Noder of his own accord and to someone who swears from the mouth of others. Swearing 'of his own accord' might mean that he actually uttered the words of the Shevu'ah. What else might it mean?
(d)When does he then become Chayav?
(e)What do we learn from the Lashon "ve'Chichesh ba'Amiso?
1)
(a)Shevu'as ha'Pikadon applies to men and to women, to non-relatives and to relatives, to Kesheirim and Pesulim alike. The Tana sees fit to include 'to men and to women' - as opposed to Shevu'as ha'Eidus, which does not apply to women.
(b)In the middle ruling, the Noder is related to - the owner of the Pikadon.
(c)It also applies both to someone who is Noder of his own accord and to someone who swears from the mouth of others. Swearing 'of his own accord' means either that he actually utters the words of the Shevu'ah or - that he answers 'Amen' after the owner presents him with the Shevu'ah.
(d)He then becomes Chayav - when he confesses that he swore falsely (See Tos. Yom-Tov).
(e)We learn from the Lashon "ve'Chichesh ba'Amiso - that he is Chayav no matter what form his denial takes.
2)
(a)What does 'from the mouth of others' mean?
(b)What is the difference between the two cases, according o Rebbi Meir?
(c)What do the Chachamim say?
(d)Like whom is the Halachah?
2)
(a)'From the mouth of others' means - that the owner presents him with a Shevu'ah, and instead of answering 'Amen', he merely denies having anything of his.
(b)Whereas the former case is Chayav irrespective of where the denial takes place, the latter case is only Chayav if it takes place in front of Beis-Din, according to Rebbi Meir (See Tos. Yom-Tov).
(c)The Chachamim maintain that - he is Chayav, irrespective of where the denial takes place.
(d)The Halachah is - like the Chachamim (See Tos. Yom-Tov).
3)
(a)The Mishnah renders him Chayav in a case of Z'don ha'Shevu'ah. Which two things does this incorporate?
(b)What if he is Shogeg on the Shevu'ah?
(c)How does the Tana know that he is Chayav a Korban even though there is an element of Meizid?
(d)What is he Chayav in either of the above cases?
(e)What if he is a complete Shogeg?
3)
(a)The Mishnah renders him Chayav in a case of Z'don Shevu'ah - incorporating where he remembers receiving the Pikadon and knows that he is Chayav a Korban for denying it.
(b)If he is Shogeg on the Shevu'ah - he is nevertheless Chayav as long as he is Meizid on the Pikadon.
(c)The Tana knows that he is Chayav a Korban there is an element of Meizid - because the Torah does not use the word "ve'Ne'elam" (as it does elsewhere).
(d)In either of the above cases - he is Chayav an Asham worth two Shekalim.
(e)If he is a complete Shogeg - he is Patur (See Meleches Shlomoh).
Mishnah 2
4)
(a)One of the two cases of Shevu'as ha'Pikadon presented by the Mishnah is where Reuven requests his object (See Tos Yom-Tov) from Shimon and Shimon replies 'Shevu'ah she'Ein l'cha be'Yadi. What is the other case?
(b)If Reuven makes Shimon swear five times that he has his object in his possession and the latter denies each time, how many Korbanos is he then Chayav to bring?
(c)What if this takes place outside Beis-Din?
(d)What reason does Rebbi Shimon give to explain this ruling?
4)
(a)One of the two cases of Shevu'as ha'Pikadon presented by the Mishnah is where Reuven requests his object (See Tos Yom-Tov) from Shimon and Shimon replies 'Shevu'ah she'Ein l'cha be'Yadi; the other case is - where Reuven says 'Mashbi'acha Ani' (See Tos Yom-Tov DH 1 & 2), and Shimon says 'Amen'.
(b)If Reuven makes Shimon swear five times that he has his object in his possession and the latter denies each time, Shimon is Chayav to bring - five Korbanos ...
(c)... even if this takes place outside Beis-Din.
(d)Rebbi Shimon explains that this is - because after each Shevu'ah, Shimon is able to retract and admit that he has the article.
Mishnah 3
5)
(a)What does the Mishnah say about a case where Shimon makes one Shevu'ah ('Shevu'ah Ein lachem be'Yadi') to five people who collectively claim their objects from him ('Ten lanu Pikadon ... ')? How many Korbanos is he then Chayav to bring?
(b)According to the Tana Kama, what will he have to say in order to be Chayav one Korban for each claimant?
(c)Rebbi Eliezer maintains that he will have to add the word 'bi'Shevu'ah' at the end. What does Rebbi Shimon say?
(d)Like whom is the Halachah?
5)
(a)In a case where Shimon makes one Shevu'ah ('Shevu'ah Ein lachem be'Yadi') to five people who collectively claim their objects from him ('Ten lanu Pikadon ... '), the Mishnah obligates him to bring - only one Korban (See Tos. Yom-Tov).
(b)According to the Tana Kama, in order to be Chayav one Korban for each claimant he will have to say - 'Shevu'ah she'Ein l'cha be'yadi, ve'Lo l'cha ve'Lo l'cha ... ' five times.
(c)Rebbi Eliezer maintains that he will have to add the word 'bi'Shevu'ah' at the end, whereas according to Rebbi Shimon - he will have to add 'Shevu'ah' to each claimant (See Tos. Yom-Tov).
(d)The Halachah is - like the Tana Kama.
6)
(a)How many Korbanos is Shimon Chayav to bring in a case where, in response to Reuven's request that he returns his Pikadon, the loan, the theft and the article of his that he found, he replies 'Shevu'ah Ein l'cha be'Yadi'?
(b)On what condition will he Chayav Chayav four?
(c)What similar distinction does the Tana Kama draw in a case where Reuven claims from Shimon wheat, barley and spelt (See Tiferes Yisrael)?
6)
(a)In a case where, in response to Reuven's request that he returns his Pikadon, the loan, the theft and the article of his that Shimon found, he replies 'Shevu'ah Ein l'cha be'Yadi', he is Chayav - one Korban.
(b)He will be Chayav four however - if he responds 'Shevu'ah she'Ein l'cha be'Yadi Pikadon u'Sesumes Yad, ve'Gezel va'Aveidah'.
(c)Similarly, the Tana Kama rules in a case where Reuven claims from Shimon wheat, barley and spelt that - he is Chayav one Korban if he responds with 'Shevu'ah she'Ein l'cha be'Yadi', but three if he says 'Shevu'ah she'Ein l'cha be'Yadi Chitin, Se'orin ve'Kusmin'.
7)
(a)Rebbi Meir extends the latter ruling even to where Reuven claims 'Chitah, u'Se'orah ve'Kusemes'. Why is that?
(b)What do the Chachamim say?
(c)Like whom is the Halachah?
7)
(a)Rebbi Meir extends the latter ruling even to where Reuven claims 'Chitah, u'Se'orah ve'Kusemes' - because he holds that each of these three words refers to the respective species ...
(b)... whereas the Chachamim maintain - that they each refer to one kernel, in which case he will be Patur (which are not worth a P'rutah [ See Tos. Yom-Tov).
(c)The Halachah is - like the Chachamim.
Mishnah 4
8)
(a)If Reuven claims that Shimon raped or seduced his daughter and Shimon swears that he did not; what reason does Rebbi Shimon give to declare Shimon Patur from a Korban?
(b)How does that exempt him?
(c)How does the Tana Kama counter Rebbi Shimon?
(d)Since at the end of the day, there are two claims (K'nas on the one hand and Boshes and P'gam on the other), what is the reasoning behind ...
1. ... Rebbi Shimon's opinion? Why will Reuven give precedent to the K'nas?
2. ... the argument of the Tana Kama? Why does he give precedence to Boshes u'P'gam?
(e)Like whom is the Halachah?
8)
(a)If Reuven claims that Shimon raped of seduced his daughter and Shimon swears that he did not; Rebbi Shimon declares Shimon Patur from a Korban - since one cannot obligate oneself to pay a K'nas ...
(b)... and since if Shimon would admit to Reuven's claim, he would not be Chayav to pay, he will not be Chayav a Korban if he denies it.
(c)The Tana Kama counters Rebbi Shimon however - by pointing out that although he cannot pay K'nas by his own admission, he can pay Boshes and P'gam (embarrassment and depreciation).
(d)Even though, at the end of the day, there are two claims (K'nas on the one hand and Boshes and P'gam on the other) ...
1. ... Rebbi Shimon holds - that Reuven claims K'nas which is a fixed amount (and not Boshes u'Pegam, which is not).
2. ... the Tana Kama maintains that he will give precedence to Boshes u'P'gam - precisely because he knows that if he claims the latter, Shimon will be Patur should he admit to his claim.
(e)The Halachah is - like the Tana Kama.
Mishnah 5
9)
(a)What does the Tana rule in a case where Shimon swears falsely that he did not ...
1. ... steal Reuven's ox?
2. ... Shecht or sell the ox that he stole?
(b)Why the difference?
(c)By the same token, what distinction does he draw between where Shimon swears that ...
1. ... his ox did not kill Reuven's ox and where he swears that it did not kill his Eved Cana'ani?
2. ... he did not wound Reuven and where he swears that he did not knock out the tooth or the eye of Reuven's Eved?
(d)What is the reason for both of the latter rulings?
(e)What principle does the Mishnah present that covers all the current rulings?
9)
(a)The Tana rules in a case where Shimon swears falsely that he did not ...
1. ... steal Reuven's ox that - he ie Chayav.
2. ... Shecht or sell the ex that he stole that - he is Patur ...
(b)... because whereas the former case is Mamon, the latter case is K'nas.
(c)By the same token, he rules that if Shimon swears that ...
1. ... his ox did not kill Reuven's ox - he is Chayav, whereas if he swears that it did not kill his Eved Cana'ani - he is Patur.
2. ... he did not wound Reuven - he is Chayav, whereas if he swears that he did not knock out the tooth or the eye of Reuven's Eved - he is Patur.
(d)The reason for both of the latter rulings is - because they are both cases of K'nas.
(e)The Mishnah presents the principle that governs all the current rulings as - 'Whoever pays on his admission is Chayav, whereas whoever does not is Patur'.
