REVACH L'DAF
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| SHEVUOS 43 - 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. |
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SUMMARY
1. A Shomer who was entrusted with Karka, Avadim, Shtaros, or Hekdesh which was then stolen or lost does not swear if he is a Shomer Chinam. If he is a Shomer Sachar, he does not pay.
2. A Shomer was given vines with grapes that were ready for harvesting. The owner claims he gave the Shomer ten vines, and the Shomer says he received five. There is a disagreement about whether he is Chayav a Shevu'ah.
3. A person is not Chayav a Shevu'as Modeh b'Miktzas unless the claim is on something that can be measured, weighed, or counted and he admits to something that can be measured, weighed or counted.
4. If a person claims that he gave a large Menorah to a Shomer and the Shomer claims he was given a small Menorah, the Shomer is exempt from a Shevu'ah.
5. If a person claims that he gave a Menorah that holds ten liters to a Shomer and the Shomer claims that he received a Menorah that holds five liters, the Shomer is Chayav a Shevu'ah.
6. If a lender lost a Mashkon and claims that the Mashkon was worth half of the value of the loan, and the borrower claims that it was worth the full value of the loan, the lender is exempt from a Shevu'ah.
7. If a lender lost a Mashkon and claims that the Mashkon was worth half of the value of the loan, and the borrower claims it was worth three-fourths of the value of the loan, the lender is Chayav a Shevu'ah.
8. If a lender lost a Mashkon and the borrower claims that the Mashkon was worth twice the value of the loan, and the lender claims it was worth the full value of the loan, the lender is exempt from a Shevu'ah.
9. If a lender took the handle of an ax as a Mashkon, he may not collect the loan at all if he loses the Mashkon, even if he is owed a thousand Zuz.
10. If the lender took two handles of an ax as a Mashkon and loses one of them, there is a disagreement about whether he may collect the entire loan.
11. If the lender took a handle of an ax and a goblet as a Mashkon and loses the goblet, there is a disagreement about whether he may collect the entire loan.
12. If a lender loses a Mashkon, he must swear that he lost it, and he may collect according to Rebbi Eliezer. Rebbi Akiva maintains that he may no longer collect his loan.
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A BIT MORE
1. Karka is excluded from the law of Shevu'ah and payment of a Shomer because it is stationary. Avadim are excluded because they are compared to Karka. Shtaros are excluded because they do not have any intrinsic value. Hekdesh is excluded because the Torah states, "his fellow man," and Hekdesh is not his fellow man.
2. Rebbi Meir maintains that since the grapes were ready for harvesting, they are considered as though they were already harvested. They do not have the status of Karka. The Chachamim disagree.
3. However, if the claim was, "I gave you this full house" or "I give you this full purse," there is no Chiyuv Shevu'ah.
4. This is because he is admitting to something other than the claim.
5. It is regarded as admitting to a portion of a claim. A Menorah which holds ten liters can be chiseled down into a Menorah that holds five liters.
6. The borrower does not have to swear because he is denying completely the claim of the lender. Someone who denies a claim completely is exempt from a Shevu'as Modeh b’Miktzas.
7. Since the borrower admitted to a portion of the claim, there is a Chiyuv Shevu'as Modeh b'Miktzas. However, the lender takes the Shevu'ah, not the borrower. We are concerned that if the borrower swears, the lender may produce the item afterwards and it will be revealed that it was worth less than the borrower claimed. In that case, the borrower will become disqualified from testifying and from taking oaths in the future.
8. However, if the lender claims it was worth one and a half times the value of the loan, he must swear a Shevu'as Modeh b'Miktzas.
9. However, if he did not lose the Mashkon, the loan must be repaid. The borrower may not claim that the lender accepted the handle in return for the loan.
10. Shmuel maintains that if he returns one of the handles, he may collect the loan. Rav Nachman maintains that if he loses one handle, he may collect only half of the loan, and if he loses the other handle, he may collect nothing at all.
11. Rav Nachman maintains that if he loses the goblet, he may collect the entire loan minus the value of the goblet. Neharda'ei maintain that he may collect only half of the loan, and if he also loses the handle he may not collect the loan at all.
12. However, if he has a Shtar on the loan, everyone agrees that he may no longer collect the loan if he loses the Mashkon.
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