(Permission is granted to redistribute this material as long as the Kollel
header and the subscription info at the end are included.)

_________________________________________________________________
CHARTS FOR LEARNING THE DAILY DAF

brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rabbi Mordecai Kornfeld
Email - daf@shemayisrael.co.il
_________________________________________________________________

Shevuos Chart #3

Shevuos Daf 42a-b

AGAINST WHICH CLAIMS IS A DEFENDANT OBLIGATED
TO SWEAR WITH A "SHEVU'AS MODEH B'MIKTZAS?"
  (A)
REBBI ELIEZER BEN YAKOV
(B)
RABANAN
1) THE CLAIMANT DEMANDS PAYMENT
FOR A DEBT OWED TO HIM(1)
Chayav Chayav
2) AN ADULT DEMANDS PAYMENT
ON BEHALF OF A DEBT OWED TO HIS FATHER
Chayav(2) Patur(3)
3) A CHILD DEMANDS PAYMENT
ON BEHALF OF A DEBT OWED TO HIS FATHER
Chayav(2) Patur(3)
4) A CHILD DEMANDS PAYMENT
FOR A DEBT OWED TO HIM
Patur(4) Patur(4)
5) THE CLAIMANT IS UNSURE OF HIS CLAIM, OR THERE IS NO CLAIM ALTOGETHER Patur(5) Patur(5)
==========
FOOTNOTES:
==========
(1) This is the ordinary case of "Modeh b'Miktzas."
(2) Rebbi Eliezer ben Yakov maintains that the assumption that a debtor is not so brazen as to deny a debt in its entirety directly in the face of the creditor applies also to denying the debt directly in the fact of the creditor's son, even a son who is a minor.
(3) The Rabanan maintain that a debtor *will* be so brazen as to deny a debt in its entirety directly in the face of the creditor's *son*, even a son who is an adult (so writes Rashi in Kesuvos 18b, DH Aval bi'Vno Me'iz). Therefore, if the debtor admits to part of the claim, he is considered to be one who is "Meshiv Aveidah" and is exempt from a Shevu'ah (alternatively, he is exempt because of a Migu that he could have denied the entire claim; see Tosfos to Kesuvos 18b, DH uv'Chulei).
(4) He is exempt because the verse says, "Ki Yiten Ish" (Shemos 22:6) -- only when an adult, an "Ish," gives money (as a loan or deposit) does that warrant the possibility of making a Shevu'ah, but not when a Katan, a minor, gives money. However, this only includes one who was a Katan at the time of the giving (Rashi).
(5) He is exempt from a Shevu'ah because he is merely doing an act of "Meshiv Aveidah," or because he has a Migu that he could have denied everything (see above, footnote #3).


Main
Shevuos Page
List of Charts
and Graphics
Insights
to the Daf
Background
to the Daf
Review the Daf
Questions and Answers
Point by Point
Summary


For questions or sponsorship information, write to daf@shemayisrael.co.il