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|SHEVUOS 48 (4 Elul) - Dedicated l'Iluy Nishmas Chaim Yisachar (ben Yaakov) Smulewitz of Cleveland on his Yahrzeit, by his daughter and son in law, Jeri & Eli Turkel of Raanana, Israel.|
1. When one witness says that the new moon was the height of two cattle prods, and a second witness says that it was the height of three cattle prods, their testimony is combined.
2. When one witness says that the new moon was the height of three cattle prods, and a second witness says that it was the height of five cattle prods, their testimony is not combined.
3. A customer received produce from a storekeeper and claims that he paid. The storekeeper denies that he received payment. According to the Tana Kama, the customer must swear. According to Rebbi Yehudah, no Shevu'ah is necessary.
4. A customer received coins from a money changer and claims that he paid. The money changer denies that he received payment. According to the Tana Kama, the customer must swear. According to Rebbi Yehudah, no Shevu'ah is necessary.
5. When orphans collect the debt of their father from the orphans of the borrower, they may collect only with a Shevu'ah.
6. Rav and Shmuel maintain that the orphans may collect the loan only if the lender died before the borrower. If the borrower died first, the orphans may not collect the loan. Rebbi Elazar disagrees.
7. If a widow dies, her heirs may collect her Kesuvah up to 25 years after the death of the husband.
8. Even if a widow was absolved by her husband from any obligation to make a Shevu'ah, his heirs may make her, or her heirs, swear before they pay the Kesuvah.
9. If a lender admits that his Shtar on a loan has been partially repaid, he may collect the balance of the loan only with a Shevu'ah. If he dies, his heirs swear and collect.
10. Rav Papa maintains that a Shtar held by orphans may not be collected, but it also should not be torn up, if the borrower died before the lender died.
11. A partner, sharecropper, financial manager, wife or brother who is in charge of the finances must swear even on an uncertain claim.
12. If two partners have split up their partnership, they are not obligated to swear to one another. However, if there is a Chiyuv Shevu'ah for a different claim, they must swear on the partnership as well.
A BIT MORE
1. The testimony of the two witnesses is not considered contradictory and is accepted, since the difference between them is only slight.
2. However, if another witness comes and corroborates the testimony of one of the first two witnesses, their testimony is combined.
3. According to Rebbi Yehudah, a Shevu'ah is necessary only when the customer had not yet received the fruit. If he already took possession of the fruit, no Shevu'ah is necessary.
4. The disagreement between Rebbi Yehudah and the Rabanan is stated in the Mishnah in both cases, the purchase of fruit and the case of the money changer, because one might have thought that the Rabanan require a Shevu'ah only in the case of the fruit because fruit is a perishable item, and thus it is reasonable to assume that the seller gave it to the customer before he received payment. In the case of a money changer, no Shevu'ah is necessary because a money changer will not give coins without first receiving payment.
5. They must swear that their father did not inform them before he died that the loan was repaid and that they did not find a receipt for this loan among their father's documents.
6. According to Rav and Shmuel, if the borrower died first and the lender was already obligated to swear to the orphans, the loan may not be collected by his heirs. Money on which there is a Chiyuv Shevu'ah cannot be inherited since it is impossible for the heirs to make the same Shevu'ah as their father would have made.
7. However, according to Rav and Shmuel they may collect only if the widow swore before her death that she had not yet collected the Kesuvah. A person cannot inherit money on which there is Chiyuv Shevu'ah, since the heirs cannot make the same Shevu'ah as their mother.
8. However, according to Rav and Shmuel her heirs may collect the Kesuvah only if their mother was divorced and her husband is still alive. If their mother was widowed, they may not collect from the orphans of the husband.
9. Rav and Shmuel maintain that money on which there is Chiyuv Shevu'ah may not be inherited. Nevertheless, if the Chiyuv Shevu'ah is a result of admitting that a loan was partially repaid, the heirs inherit the money and they may swear and collect.
10. It may not be collected, because perhaps the Halachah follows Rav and Shmuel that money on which there is a Chiyuv Shevu'ah may not be collected. Nonetheless, the Shtar should not be torn up, because if a judge rules in accordance with the opinion of Rebbi Elazar who disagrees with Rav and Shmuel, it is a valid ruling.
11. Although a person normally is not obligated to swear unless a claim of certainty was made, these people must swear without a claim of certainty because of the suspicion that they may have justified taking money unlawfully because of the hard work they did on behalf of the estate.
12. If a person is Chayav a Shevu'ah on one claim, he can be made to swear on other claims with a Gigul Shevu'ah. Even if a person is only Chayav a Shevu'ah d'Rabanan, he can be made to swear on other claims.
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