(a)The Mishnah now discusses Shevu'as ha'Dayanim. What is 'Shevu'as ha'Dayanim'?
(b)If Reuven claims money from Shimon, what is the minimum amount for which Beis-Din will make the latter swear?
(c)Which denomination of coin does 'Kesef' refer to?
(d)What is the minimum amount that Shimon needs to admit?
1)
(a)The Mishnah now discusses Shevu'as ha'Dayanim - a Shevu'ah imposed by Beis-Din upon someone who admits to part of a monetary claim (See Tos. Yom-Tov DH 1 & 2).
(b)If Reuven claims money from Shimon, the minimum claim for which Beis-Din will make the latter swear is - two Kesef (two silver pieces [See Tos. Yom-Tov]) ...
(c)... alias two Ma'ah (See Tos. Yom-Tov).
(d)The minimum amount that Shimon needs to admit is - one P'rutah (See Tos. Yom-Tov).
2)
(a)Since two Ma'ah are equivalent to a third of a Dinar, how many Ma'ah are there in a Dinar?
(b)How many regular barley-grains does ...
1. ... one Dinar weigh?
2. ... two Kesef weigh?
(c)What will be the Din in the event that Reuven claims less than two Ma'ah or Shimon admits to less than a P'rutah?
2)
(a)Two Ma'ah are equivalent to a third of a Dinar - and six Ma'ah in a Dinar.
(b)Since ...
1. ... a Dinar weighs - ninety-six regular barley-grains ...
2. ... two Kesef weigh thirty-two.
(c)In the event that Reuven claims less than two Ma'ah or Shimon admits to less than a P'rutah - Shimon has to swear a Shevu'as Heses (See Tos. Yom-Tov).
3)
(a)What does Shimon (the defendant) hold in his hand whenever he swears a Shevu'ah d'Oraysa?
(b)How will this differ in a case of Shevu'as Heses?
3)
(a)Whenever Shimon (the defendant) swears a Shevu'ah d'Oraysa - he holds an object of Mitzvah (such as a Seifer-Torah or Tefilin [See Tos. Yom-Tov]), known as 'Nekitas Cheifetz'.
(b)In a case of Shevu'as Heses - it is either the Chazan ha'Kenesses or Reuven (the claimant) who holds it.
4)
(a)How many cases of Shevu'ah d'Oraysa are there in connection with Shevu'as ha'Eidus?
(b)Two of them concern general monetary claims (such as where Reuven claims that Shimon owes him money). One of these is Modeh be'Miktzas ha'Ta'anah. What is 'Modeh be'Miktzas ha'Ta'anah'?
(c)What is the other case?
(d)What is the third case of a Shev'ah d'Oraysa by Shevu'as ha'Eidus?
4)
(a)In connection with Shevu'as ha'Eidus there are - three cases of Shevu'ah d'Oraysa.
(b)Two of them concern general monetary claims (such as where Reuven claims that Shimon owes him money). One of these is 'Modeh be'Miktzas ha'Ta'anah' - where Shimon admits to part of the claim ...
(c)... the other - a Shevu'ah to counter the testimony of one witness.
(d)The third case of a Shevu'ah d'Oraysa by Shevu'as ha'Eidus is - a Shevu'as ha'Shomrim (which the four Shomrim have to make when they are unable to return the article that was placed under their care).
5)
(a)Under which category of Shevu'ah do all other Shevu'os mentioned in the Mishnah fall?
(b)What is their Din regarding Nekitas Cheifetz?
(c)The only basic difference between a Shevu'ah d'Oraysa and a Shevu'ah de'Rabbanan is where Shimon is Chayav to make a Shevu'ah but refuses to do so. What happens then in the case of a Shevu'ah ...
1. ... d'Oraysa?
2. ... de'Rabbanan?
(d)In the latter case, what happens if Shimon does not relent within thirty days?
5)
(a)All other Shevu'os mentioned in the Mishnah fall under the category of Shevu'ah de'Rabbanan.
(b)Regarding Nekitas Cheifetz - they have the same Din as a Shevu'ah d'Oraysa.
(c)The only basic difference between a Shevu'ah d'Oraysa and a Shevu'ah de'Rabbanan is where Shimon is Chayav to make a Shevu'ah but refuses. In the case of a Shevu'ah ...
1. ... d'Oraysa - Beis-Din go down to his property and claim the debt on behalf of the claimant.
2. ... de'Rabbanan - they place him in Cherem until he either pays or swears.
(d)In the latter case, if Shimon does not relent within thirty days - they give him Makas Mardus (Malkos de'Rabbanan) and release him from the Cherem (but do not claim from his property).
6)
(a)What does the Mishnah say about where Shimon's admission does not relate to the same species as the claim ('Ta'ano Chitim ve'Hodeh lo bi'Se'orim')?
(b)What will the Din therefore be if Reuven claims two Kesef and Shimon admits that he owes him a P'rutah?
(c)Why is that?
(d)On what condition will he nevertheless be Chayav?
(e)And why, if Reuven claims two Kesef plus a P'rutah, will Shimon be Chayav?
6)
(a)The Mishnah rules that if Shimon's admission does not relate to the same species as the claim ('Ta'ano Chitim ve'Hodeh lo bi'Se'orim') - he is Patur from a SHevu'ah.
(b)Consequently - if Reuven claims two Kesef and Shimon admits that he owes him a P'rutah, he is Patur ...
(c)... since whereas Reuven is claiming silver, Shimon admits to copper (See Tos. Yom-Tov).
(d)He will be Chayav however - if Reuven claims (not weight but) coins, because then both the claim and the confession relate to coins.
(e)And if Reuven claims two Kesef plus a P'rutah, Shimon will be Chayav - because the Mishnah holds that 'If the claimant claims wheat and barley, and the defendant admits to one of them, he is Chayav'.
7)
(a)What is the Din in a case where Reuven claims a Manah and Shimon ...
1. ... denies that he owes him anything?
2. ... admits that he owes him fifty Zuz?
(b)However, if Reuven claims that Shimon has a Manah belonging to his (Reuven's) father and Shimon admits to fifty Zuz, the Mishnah rules that Shimon is Patur from a Shevu'ah, What is the case?
(c)What reason does the Tana give for the P'tur?
(d)Why is Meishiv Aveidah Patur from a Shevu'ah?
(e)On what condition will Shimon in our Mishnah be Chayav?
7)
(a)In a case where Reuven claims a Manah and Shimon ...
1. ... denies that he owes him anything - he is Patur.
2. ... admits that he owes him fifty Zuz - he is Chayav (See Tiferes Yisrael).
(b)However, the Mishnah rules that, if Reuven claims that Shimon has a Manah belonging to his (Reuven's) father and Shimon admits to fifty Zuz, Shimon is Patur from a Shevu'ah - assuming that Reuven is not sure of the claim.
(c)The reason that the Tana gives for the P'tur is - because Shimon's admission is akin to 'Meishiv Aveidah' (See Tos. Yom-Tov).
(d)... where the finder is Patur from a Shevu'ah (even if he admits finding only half of what the loser lost - due a Takanas Chachamim which exempts him from swearing to encourage him to return what he found.
(e)Shimon in our Mishnah will be Chayav however - if Reuven's son knows for sure that his father lent him the money.
Mishnah 2
8)
(a)The Tana now discusses a case where on Sunday, Shimon admits in front of witnesses that he owes Reuven a Manah, and, on Monday, Reuven claims again. What will be the Din if Shimon ...
1. ... replies that he has already paid?
2. ... now denies that he owes him anything?
(b)Why, in the latter case ...
1. ... can he not claim that he was only joking the first time?
2. ... is he not believed with a Shevu'ah?
(c)On what condition will he in fact, be believed with a Shevu'ah?
(d)From what is he Patur in the former case?
8)
(a)The Tana now discusses a case where on Sunday, Shimon admits in front of witnesses that he owes Reuven a Manah, and, on Monday, Reuven claims again. If Shimon ...
1. ... replies that he has already paid - he is Patur, but if he ...
2. ... now denies that he owes him anything ('Lo Hayu Devarim me'Olam' [See Tos. Yom-Tov]) - he is Chayav to pay.
(b)In the latter case ...
1. ... he cannot claim that he was only joking the first time - because it speaks where he actually appointed them as witnesses.
2. ... he is not believed with a Shevu'ah (See Tos. Yom-Tov DH 'Chayav') - because he has been proved a liar.
(c)He will be believed with a Shevu'ah however - if his denial took place outside of Beis-Din.
(d)In the former case - he is Patur from a Shevu'ah d'Oraysa (but Chayav a Shevu'as Heses).
9)
(a)And what does the Tana say if on Sunday, after the first claim, Reuven instructs Shimon to pay specifically in the presence of witnesses, and on Monday, Shimon says that he has already paid?
(b)Why is that?
9)
(a)The Tana then rules that if on Sunday, after the first claim, Reuven instructs Shimon to pay specifically in the presence of witnesses, and on Monday, Shimon says that he has already paid - he is Chayav to pay ...
(b)... because he did not pay in the presence of witnesses (See Tos. Yom-Tov).
Mishnah 3
10)
(a)What does the Mishnah rule in a case where Reuven claims from Shimon ...
1. ... a Litra of gold and the latter admits that he owes him a Litra of silver?
2. ... a golden Dinar and he admits to a silver Dinar, a T'risis (See Tos. Yom-Tov), a Pundiyon or a P'rutah?
(b)If the reason for the former ruling is because it is a case of 'Ta'ano Chitin ve'Hodeh lo bi'Se'orin', why is he Chayav in the latter one?
(c)What does the Tana say about a case where Reuven claims from Shimon ...
1. ... a Kur of Tevu'ah (produce - wheat, barley etc.) and the latter admits that he owes him a Lesech (half a Kur) of legumes?
2. ... a Kur of fruit (wheat, barley ... ) and the latter admits that he owes him a Lesech (half a Kur) of legumes?
(d)What is the reason for the latter ruling?
10)
(a)The Mishnah rule in a case where Reuven claims from Shimon ...
1. ... a Litra (a weight [See Tos. Yom-Tov DH 'Ein l'cha be'Yadi']) of gold and the latter admits that he owes him a Litra of silver - that Shimon is Patur from a Shevu'ah.
2. ... a golden Dinar (See Tos. Yom-Tov) and he admits to a silver Dinar, a T'risis (See Tos. Yom-Tov), a Pundiyon or a P'rutah - he is Chayav.
(b)The reason for the former ruling is because it is a case of 'Ta'ano Chitin ve'Hodeh lo bi'Se'orin', the reason for the latter one is - because a coin is a coin (See also Tos. Yom-Tov [as we learnt earlier]).
(c)The Tana rules in a case where Reuven claims from Shimon ...
1. ... a Kur of Tevu'ah (produce - wheat, barley etc.) and the latter admits that he owes him a Lesech (half a Kur) of legumes - that Shimon is Patur.
2. ... a Kur of fruit (wheat, barley ... ) and the latter admits that he owes him a Lesech (half a Kur) of legumes - that he is Chayav ...
(d)... because legumes (although they do not fall under the category of produce, they do) fall under the category of fruit.
11)
(a)The Tana Kama rules that if Reuven claims from Shimon wheat and the latter admits to barley, he is Patur from a Shevu'ah. What does Rabban Gamliel say?
(b)Like whom is the Halachah?
11)
(a)The Tana Kama rules that if Reuven claims from Shimon wheat and the latter admits to barley, he is Patur from swearing (See Tos. Yom-Tov). Rabban Gamliel - declares him Chayav (See Tos. Yom-Tov).
(b)The Halachah is - like the Tana Kama.
12)
(a)The Mishnah now discusses a case where Reuven claims from Shimon jars of oil, and the latter admits that he owes Reuven empty jars. To what does Admon, who rules that he is Chayav, compare it?
(b)What do the Chachamim say?
(c)Whose opinion does Raban Gamliel support?
(d)Like whom is the Halachah?
12)
(a)The Mishnah now discusses a case where Reuven claims from Shimon jars of oil, and the latter admits that he owes Reuven empty jars. Admon, who rules that he is Chayav, compares it - to a case where Reuven claims wheat and barley and Shimon admits to one of them.
(b)The Chachamim maintain that - he is nevertheless Patur (See Tos. Yom-Tov).
(c)Rabban Gamliel supports - the opinion of Admon ...
(d)... and that is the Halachah.
13)
(a)The final case in this series is where Reuven claims vessels and Karka from Shimon, who admits either to the one or to the other. What is the Halachah in this case?
(b)Why is that?
(c)On what condition will Shimon be Chayav?
(d)Based on which principle will he then be Chayav to swear even on the Karka?
13)
(a)The final case in this series is where Reuven claims vessels and Karka from Shimon, who admits either to the one or to the other, in which case - he is Patur ...
(b)... because an admission on Karka is not subject to a Shevu'ah (See Tos. Yom-Tov).
(c)Shimon will be Chayav however - if he admits to part of Reuven's claim on the vessels ...
(d)... based on the principle of 'Gilgul Shevu'ah' (where a Shevu'ah on Metalt'lin obligates the swearer to swear on the Karka as well.
Mishnah 4
14)
(a)What is the Din regarding making a Shevu'ah to counter the claim of a 'Chashu' (a Cheresh, Shoteh ve'Katan)?
(b)To whom do the Chachamim generally refer to as a 'Cheresh'?
(c)Then how does he claim?
14)
(a)One is Patur from making a Shevu'ah to counter the claim of a 'Chashu' (a Cheresh, Shoteh ve'Katan).
(b)The Chachamim generally refer to - a deaf-mute as a Cheresh ...
(c)... who claims - by means of hints.
15)
(a)What do we learn from the word "Ish" (in the Pasuk in Mishpatim [in connection with the Shevu'ah on a Pikadon] "Ki Yiten Ish el Re'eihu ... "?
(b)From where do we learn that one does not swear on the claim of a Cheresh or a Shoteh either?
(c)On what condition does one swear to counter the claim of a Katan?
15)
(a)We learn from the word "Ish" (in the Pasuk in Mishpatim [in connection with the Shevu'ah on a Pikadon] "Ki Yiten Ish el Re'eihu ... " that - there is no legality in what a Katan gives, and that one is therefore Patur from swearing on his claim ...
(b)... and a Cheresh and Shoteh - are like a Katan in this regard.
(c)To counter the claim of a Katan one swears - a Shevu'as Heses (See Tos. Yom-Tov).
16)
(a)What principle applies to someone who claims from Yesomim Ketanim?
(b)Who is then obligated to swear?
(c)The Tana says the same about someone who claims from Kekdesh. What is the case?
16)
(a)Whoever claims from Yesomim Ketanim - requires a Shevu'ah ...
(b)... which he (and not the Yesomim) makes (See Tos. Yom-Tov).
(c)The Tana says the same about someone who claims from Kekdesh. The case is - where Reuven declares all his property Hekdesh, and Shimon now produces a Sh'tar-Chov against Reuven (See Tos. Yom-Tov), in which case Shimon is obligated to swear to Hekdesh.
Mishnah 5
17)
(a)Why does the Tana list the following: Avadim, Sh'taros, Karka'os and Hekdeishos? What do they have in common (regarding the Din of Shevu'ah)?
(b)How do we learn this from the Pasuk in Mishpatim (in connection with Shevu'ah) "Al Kol D'var Pesha, al Shor, al Chamor, al Seh, al Salmah, al Kol Aveidah"?
(c)Which two specifications does the P'rat there teach us?
(d)On what basis do we therefore preclude from the Din of Shevu'ah ...
1. ... Karka'os?
2. ... Avadim?
3. ... Sh'taros?
(e)And what do we learn from the word "Re'eihu" (in the Pasuk there "Ki Yitein Ish el Re'eihu ... ")?
17)
(a)The Tana lists Avadim, Sh'taros, Karka'os and Hekdeishos - to teach us that they are all not subject to a Shevu'ah.
(b)We learn this from - a 'K'lal u'Perat u'Chelal' from the Pasuk in Mishpatim (in connection with Shevu'ah) "Al Kol D'var Pesha (K'lal), al Shor, al Chamor, al Seh, al Salmah (P'rat), al Kol Aveidah (K'lal)".
(c)The P'rat there teaches us that one only makes a Shevu'ah over something that is a. moveable (Metalt'lin), and b. has intrinsic value (Gufo Mamon).
(d)We therefore preclude from the Din of Shevu'ah ...
1. ... Karka'os - because they are not moveable ...
2. ... Avadim - which the Torah compares to Karka, and ...
3. ... Sh'taros - because they have no intrinsic value.
(e)And we learn from the word "Re'eihu" (in the Pasuk there "Ki Yitein Ish el Re'eihu ... ") - that Hekdeishos are not subject to a Shevu'ah (See Tos. Yom-Tov, Bava Metzi'a 4:9).
18)
(a)What does the Mishnah say about the above four items with regard to a Ganav paying ...
1. ... Kefel (Kefel)?
2. ... four or five times, if he Shechts or sells a stolen ox or lamb, respectively?
(b)If we learn the former from a similar 'K'lal, u'Perat u'Chelal' written in the same Parshah in connection with the Din of Kefel, from where do we know the latter?
(c)What do we learn from the Pasuk there (written in connection with a Shomer Chinam) "ve'Nikrav Ba'al-ha'Bayis el ha'Elohim im Lo Shalach Yado ... ")?
(d)What does the Tana then learn from the Pasuk there "Ki Yitein Ish el Re'eihu, Kesef O Keilim, Lishmor"?
(e)Does this mean that he is Patur from swearing altogether?
18)
(a)The Mishnah rules that a Ganav who steals any of the above four items is Patur from paying ...
1. ... Kefel (Kefel), and ...
2. ... four or five times, if he Shechts or sells a stolen ox or lamb, (respectively) that he stole.
(b)We learn the former from a Similar 'K'lal, u'Perat u'Chelal' written in the same Parshah in connection with the Din of Kefel, and the latter - from the fact that once a thief is Patur from Kefel, he will no longer be paying four or five times (but three or four).
(c)We learn from the Pasuk there (written in connection with a Shomer Chinam) "ve'Nikrav Ba'al-ha'Bayis el ha'Elohim im Lo Shalach Yado ... ") - that a Shomer Chinam is Chayav to swear (even for Onsin, that are beyond his control) that he did not use the object.
(d)The Tana then learns from the Pasuk there "Ki Yitein Ish el Re'eihu, Kesef O Keilim, Lishmor" - that he is Patur from swearing on the above four items with a 'K'lal u'Perat u'Chelal' (See Tos. Yom-Tov) ...
(e)... though he remains Chayav to swear a Shevu'as Heses.
19)
(a)Neither is a Shomer Sachar Chayav to pay for the four above items (Karka'os, Avadim, Sh'taros and Hekdeishos). In which case would he otherwise be obligated to pay?
(b)We learn this from virtually the same 'K'lal, u'Perat u'Chelal' as the previous one. What does the Torah substitute for ...
1. ... "Kesef O Keilim" (the P'rat)?
2. ... "Lishmor" (the second K'lal)?
(c)From where does the Tana learn that Hekdesh too, is precluded from the respective Dinim of both the Shomer Chinam and the Shomer Sachar?
19)
(a)Neither is a Shomer Sachar Chayav to pay for the four above items (Karka'os, Avadim, Sh'taros and Hekdeishos). He would otherwise be obligated to pay - for Geneivah va'Aveidah (where the article got stolen or lost).
(b)We learn this from virtually the same 'K'lal, u'Perat u'Chelal' as the previous one, only there, the Torah substitutes ...
1. ... "Chamor O Shor O Seh" for "Kesef O Keilim (the P'rat), and ...
2. ... "ve'Chol Beheimah" for "Lishmor" (the second K'lal)
(c)The Tana learn that Hekdesh too, is precluded from the respective Dinim of both the Shomer Chinam and the Shomer Sachar - since in both cases the Torah inserts the word "Re'eihu".
20)
(a)What does Rebbi Shimon say about Hekdeishos? On what condition does he obligate a Shevu'ah even on Kodshim?
(b)Why does the Tana not discuss the Din of She'eilah (borrowing) and S'chirus (hiring) with regard to ...
1. ... Karka'os, Avadim, Sh'taros? Hekdesh (See Tos. Yom-Tov)?
2. ... Hekdeishos?
20)
(a)Rebbi Shimon obligates a Shevu'ah even on Kodshim - there where the owner is obligated to replace them in the event that they get lost (See Tiferes Yisrael, 42-44).
(b)The Tana does not discuss the Din of She'eilah (borrowing) and S'chirus (hiring) with regard to ...
1. ... Karka'os, Avadim and Sh'taros (See Tos. Yom-Tov) - since it is most unusual to borrow or rent Avadim and Sh'taros (of Chulin), and ...
2. ... renting or borrowing Hekdeishos is forbidden (See Tos. Yom-Tov).
Mishnah 6
21)
(a)How does Rebbi Meir define a case where Reuven claims from Shimon ten laden vines and where the latter admits to five of them?
(b)What does he therefore rule there?
(c)What do the Chachamim say about that?
21)
(a)Rebbi Meir defines a case where Reuven claims from Shimon ten laden vines and where the latter admits to five of them as - one that resembles Karka but is not.
(b)He therefore rules there that - Shimon is obligated to swear (See Tos. Yom-Tov).
(c)The Chachamim maintain - that he is Patur (Ibid.).
22)
(a)How do we need to establish the Machlokes between Rebbi Meir and the Chachamim?
(b)What is the basis of their Machlokes?
(c)Like whom is the Halachah?
22)
(a)We need to establish the Machlokes between Rebbi Meir and the Chachamim - where the grapes are fully ripe and ready to be picked.
(b)The basis of their Machlokes is - whether something that is ready to pick is considered detached (Rebbi Meir) or not (the Chachamim).
(c)The Halachah is - like the Chachamim (See Tos. Yom-Tov).
23)
(a)The Mishnah confines a Shevu'ah to one of three things, two of them are something that is measured and something that is weighed. What is the third?
(b)An example of P'tur is where Reuven claims from him a house full of fruit or a purse full of money. What does he reply?
(c)An example of Chiyuv is where he claims 'up to the ledge'. What does Shimon reply?
(d)So what, on principle, must Reuven claim and what must Shimon answer for the latter to be Chayav?
23)
(a)The Mishnah confines a Shevu'ah to something that is measured, something that is weighed - or something that is counted (See Tos. Yom-Tov).
(b)An example of P'tur is where Reuven claims from him a house full of fruit (say) or a purse full of money and where he replies - 'I don't know, but whatever you left me, take!'
(c)An example of Chiyuv is where he claims 'up to the ledge' and where Shimon replies - 'only up to the window!' (See Tos. Yom-Tov).
(d)On principle, Reuven must claim - 'something that is measured ... ' as we explained earlier, and Shimon must answer - that he only owes him part of that measurement ... (See Tos. Yom-Tov DH 'Ein Nishba'in').
Mishnah 7
24)
(a)The Tana now discusses a case where Reuven lends Shimon a Sela against a Mashkon (security) which Reuven subsequently loses. On what grounds is he Chayav to pay for it?
(b)On what other condition will Reuven be Chayav to pay?
(c)Will it make a difference if he takes the Mashkon against the loan or receives it only afterwards?
(d)What will be the Din assuming the two men agree that the value of the Mashkon ...
1. ... is equivalent to that of the loan?
2. ... exceeds the loan?
3. ... is less than that of the loan?
(e)And what if Reuven claims that the Mashkon was lost be'Oneis?
24)
(a)The Tana now discusses a case where Reuven lends Shimon a Sela against a Mashkon (security) which Reuven subsequently loses. He is Chayav to pay for it - because someone who lends against a Mashkon becomes a Shomer Sachar on it, which renders him liable for loss ...
(b)... and theft ...
(c)... irrespective of whether he takes the Mashkon against the loan or receives it only afterwards.
(d)Assuming the two men agree that the value of the Mashkon ...
1. ... is equivalent to that of the loan - the loan and payment for Mashkon cancel each other out.
2. ... exceeds the loan - Reuven must pay the difference.
3. ... is less than that of the loan - then Shimon pays Reuven the difference.
(e)And if Reuven claims that the Mashkon was lost be'Oneis - then he swears to that effect and is Patur from paying for it.
25)
(a)How many ...
1. ... Shekalim comprise a Shekel?
2. ... Shekalim comprise a Sela?
(b)What does the Tana say in the event that Reuven claims the Sela from Shimon, and maintains that the Mashkon was worth a Shekel, but Shimon insists that it was worth ...
1. ... a Sela?
2. ... three Dinrim?
(c)And what if Shimon claims that the Mashkon was worth two Sela'im and Reuven maintains that it was worth ...
1. ... one?
2. ... five Dinrim?
(d)Which dual principles govern these rulings?
25)
(a)Two ...
1. ... Shekalim comprise a Shekel, and two ...
2. ... Shekalim comprise a Sela.
(b)The Tana rules, in the event that Reuven claims the Sela from Shimon, and maintains that the Mashkon was worth a Shekel, but Shimon insists that it was worth ...
1. ... a Sela - that Shimon is Patur from a Shevu'ah.
2. ... three Dinrim - that he is Chayav (See Tos. Yom-Tov).
(c)Whereas if Shimon claims that the Mashkon was worth two Sela'im and Reuven maintains that it was worth ...
1. ... one - that Reuven is Patur from a Shevu'ah (See Tos. Yom-Tov).
2. ... five Dinrim - that he is Chayav.
(d)The dual principles that govern these rulings are 'Kofer ba'Kol, Patur' (Someone who denies the claim is exempt from swearing), Modeh be'Miktzas, Chayav' (Someone who admits to part of the claim is Chayav).
26)
(a)In the first two cases, what is Reuven obligated to swear?
(b)Bearing in mind that he pays for the Mashkon anyway, why did the Chachamim institute this Shevu'ah?
(c)What does the Tana mean when he then says (with reference to the second case) that the one with the Pikadon (See Tos. Yom-Tov) is the one to swear?
(d)Why is that?
(e)What would be the ramifications if he did?
26)
(a)In the first two cases, Reuven is obligated to swear that - he does not have the Mashkon in his possession.
(b)Despite the fact that he pays for the Mashkon anyway, the Chachamim instituted this Shevu'ah - based on the suspicion that he has taken a fancy to the article and is willing to pay for it.
(c)When the Tana then says (with reference to the second case) that the one with the Pikadon is the one to swear, he means - that Reuven must swear *first* that he doesn't have the article in his possession ...
(d)... for fear that Shimon will swear that the article is worth more than it really is, and, in the event that Reuven does in fact still have the article, he will then produce it, proving that Shimon swore falsely ...
(e)... thereby disqualifying him from testifying and swearing (See Tos. Yom-Tov).
