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|SHEVUOS 44 (30 Av) - Today's study material has been dedicated by Al and Sophie Ziegler of Har Nof, Yerushalayim, in honor of the Yahrzeit of Al's father, Bernard B. Ziegler - Binyamin Baruch ben Avraham (and Miryam), which occurs on 30 Menachem Av.|
1. Rebbi Yitzchak maintains that a Ba’al Chov is Koneh a Mashkon.
2. According to Rabah, a person who is watching a lost object is a Shomer Chinam. Rav Yosef maintains that he is a Shomer Sachar.
3. According to Rebbi Eliezer, a lender who receives a Mashkon is a Shomer Chinam. According to Rebbi Akiva he is a Shomer Sachar, because it is a Mitzvah to watch a Mashkon.
4. Reban Shimon Ben Gamliel maintains that if a lender holds a Mashkon, even if the Mashkon is only worth half of the loan Shevi’is is not Meshamet the loan. Rebbi maintains that Shevi’is is Meshamet the remainder of the loan if the value of the Mashkon is not equal to the entire amount of the loan.
5. All of the Shevu'os in the Torah are made by the defender of a claim. However, the Rabanan decreed that in certain instances the claimant makes the Shevu’ah in order to collect.
6. If a laborer claims that he was not paid his wages and his employer disputes the claim, the laborer swears that he did not receive his wages and he collects.
7. If witnesses testify that a person entered his friend’s house and stole some of his possessions, the victim of the theft swears that his possessions were stolen and he collects.
8. If witnesses testify that a healthy person entered his friend’s house and when he left he was wounded, the victim may swear that his friend assaulted him and collect the damages.
A BIT MORE
1. Therefore, he is a Shomer Sachar and if he loses the Mashkon he is responsible to pay for it. However, this only applies to a Mashkon that was given after the loan took place, not to a Mashkon that was given at the time of the loan.
2. He is not paid for watching the lost object. Nevertheless, since it is a Mitzvah to watch and return an Aveidah, the reward he receives for the Mitzvah makes him into a Shomer Sachar according to Rav Yosef.
3. According to Rebbi Eliezer, it is not a Mitzvah to lend someone money and take a Mashkon if the lender receives permission to use the Mashkon for his own needs. According to Rebbi Akiva, even in such a case it is a Mitzvah to lend a person money and take a Mashkon. Since the lender deducts from the loan a usage fee for the use of the Mashkon, he is considered to be performing a Mitzvah through the loan.
4. According to Raban Shimon ben Gamliel, since there is a Mashkon, it is not necessary for the lender to make a claim on the loan and therefore Shevi’is is not Meshamet the loan.
5. The Rabanan decreed that in certain cases a laborer, a victim of theft, or a victim of an assault take a Shevu’ah and collects. In a case where the defendant is suspected of swearing falsely the claimant takes the Shevu’ah instead. In some cases a storekeeper takes a Shevu’ah that he is owed money for items that he supplied, and he collects.
6. According to the Tana Kama, even if the employer disputes the claim completely the laborer swears and collects. Rebbi Yehudah maintains that the laborer swears only in a case where the employer disputed just a portion of a claim and is Chayav a Shevu'as Modeh b’Miktzas. In such a case, the Rabanan took the Shevu’ah away from the employer and gave it to the laborer.
7. According to the Tana Kama, even if the accused denies stealing anything, the victim swears and collects. Rebbi Yehudah maintains that the victim only swears if the thief admits that he stole but claims he stole a less valuable item than he is accused of. The Rabanan took away he Shevu'as Modeh b'Miktzas from the thief and gave it to the victim.
8. According to the Tana Kama, even if the accused denies the accusation completely the victim swears and collects. Rebbi Yehudah maintains that the victim only swears if the accused admits that he assaulted him but claims that the wounds were not as extensive as the victim claims. In such a case the Rabanan took the Shevu'as Modeh b’Miktzas away from the perpetrator and gave it to the victim.
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