SHEVUOS 49 - Two weeks of study material, including the Siyum of Maseches Shevuos, 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.

1)THE EXCEPTION

(a)(Rav Huna): We are Megalgel from any mid'Rabanan oath, except that of a worker.

(b)(Rav Chisda): For any mid'Rabanan oath, we are not lenient (for the defendant; rather, one can Megalgel), except for a worker's oath.

(c)Question: What is the difference between these opinions?

(d)Answer: Rav Huna holds that we suggest to the claimant to be Megalgel. Rav Chisda disagrees.

(e)(Mishnah): Shemitah cancels the obligation to swear (about a claim of money owed from before Shemitah).

(f)Question: What is the source of this?

(g)Answer (Rav Gidal): "V'Zeh Devar ha'Shemitah" - even Dibur (an obligation to swear) is cancelled.

PEREK ARBA'AH SHOMERIM

2)SHOMERIM WHO SWORE FALSELY

(a)(Mishnah): There are four watchmen: a Shomer Chinam, a borrower, a Shomer Sachar, and a renter;

1.A Shomer Chinam swears about any Ones (the deposit was broken, captured, died; lost or stolen), and he is exempt;

2.A borrower pays for any Ones to the deposit (except if it died while working, for which he is exempt);

3.A Shomer Sachar or a renter swears (and is exempt) if the deposit was broken, captured, or died; he must pay if it was lost or stolen.

(b)Reuven claimed his deposit from Shimon, a Shomer Chinam. Shimon said that it died (or that any other Ones happened). Really, a different Ones occurred. Reuven imposed this oath on him, and he answered Amen. Shimon is exempt (from the Korban for Shevu'as ha'Pikadon, for he did not deny money, since he is exempt for any Ones);

1.If Shimon denied having ever received the deposit, and really he had received it but an Ones occurred, and he accepted an oath to back up his claim; Shimon is exempt (he did not deny money, for he was exempt anyway);

2.If Shimon claimed that it was lost, and accepted an oath; and witnesses testify that Shimon really ate it, he pays only principal;

i.If Shimon confesses on his own, he pays principal, adds a Chomesh (a quarter of the principal), and brings an Asham.

3.If Shimon claimed that it was stolen, and accepted an oath; and witnesses testify that Shimon really ate it, he pays double;

i.If Shimon confesses on his own, he pays principal, a Chomesh, and brings an Asham.

(c)If Yehudah charged Levi 'you stole my ox!', Shimon denied this, and witnesses testify that Shimon stole it, he pays double;

1.If witnesses further testify that he slaughtered or sold it, he pays four or five;

i.If Levi saw witnesses coming to Beis Din, and (therefore) admitted to stealing it but denied slaughtering or selling it, (even so) he only pays principal.

(d)If Reuven claimed his deposit from Shimon (a borrower), and Shimon said that it died (or that any other Ones happened), and really, a different Ones occurred, and Shimon accepted an oath, he is exempt (for in any case he is liable);

49b----------------------------------------49b

1.If Shimon denied that he ever received the deposit, and really he had received it, but an Ones occurred, and he accepted an oath; Shimon is liable.

(e)In the following cases, a Shomer Sachar or renter (Shimon) who swore to the depositer, is exempt (for he did not try to deny money);

1.Shimon said that it died (or another full Ones occurred, i.e. it was broken or captured, so he is exempt), and really, a different full Ones occurred;

2.Shimon claimed a semi-Ones (it was lost or stolen, for which he is liable), and really, the other semi-Ones occurred.

(f)If Shimon claimed a full Ones, (exempting himself), and really a semi-Ones occurred, and he accepted an oath, he is liable;

(g)If Shimon claimed a semi-Ones, (obligating himself), and really a full Ones occurred, and he accepted an oath, he is exempt.

(h)The general rule is, if by lying he remained liable (as if he told the truth), or he remained exempt, or he obligated himself when he was really exempt, he is exempt for the oath;

1.If by lying he exempted himself when he was really liable, he is liable.

(i)The general rule is, if lying decreased his liability, he is liable. If he increased his liability, he is exempt.

(j)(Gemara) Question: Who is the Tana of the Mishnah, who says that there are four Shomerim?

(k)Answer (Rav Nachman citing Rabah bar Avuha): It is R. Meir.

(l)Objection (Rava): All agree that there are four Shomerim!

(m)Answer (Rav Nachman): I meant that R. Meir is the Tana who obligates a renter like a Shomer Sachar.

(n)Question: That is the opinion of R. Yehudah, and not R. Meir!

1.(Beraisa - R. Meir): A renter is liable like a Shomer Chinam;

2.R. Yehudah says, he is liable like a Shomer Sachar.

(o)Answer: Rabah bar Avuha's text of that Beraisa switches the opinions.

(p)Question: Since a renter is liable like a Shomer Sachar, there are only three Shomerim!

(q)Answer (Rav Nachman bar Yitzchak): There are four kinds of Shomerim, there are three laws of Shomerim.

3)IS HE LIABLE FOR SHEVU'AS BITUY?

(a)(Mishnah): Reuven claimed from a Shomer Chinam...

(b)(Rav): Whenever the Mishnah says 'exempt', he is exempt from Shevu'as ha'Shomerim, but he is liable for Shevu'as Bituy;

(c)(Shmuel): He is exempt even from Bituy.

(d)Question: What do they argue about?

(e)Answer: Shmuel holds that since the oath does not apply to the future (e.g. to swear that it will be stolen), he is exempt for Bituy;

1.Rav holds that since the oath applies in the positive and negative (e.g. it was not stolen), he is liable.

(f)Question: They already argued about this elsewhere!

1.(Rav): If Reuven swore that Ploni threw (or did not throw) a stone into the river, he is liable, because the oath applies to the positive and negative;

2.(Shmuel): He is exempt, for it does not apply to the future (to swear that he will throw).

(g)They needed to argue in both cases;

1.Had they argued only there, one might have thought that Rav obligates because Reuven himself decided to swear, but he admits that he is exempt if Beis Din forced him to swear, like R. Ami taught;

i.(R. Ami): One is never liable for Bituy for an oath that Beis Din forced him to take.

2.Had they argued only here, one might have thought that Shmuel exempts because Beis Din forced him to swear, but he admits that he is liable if he himself decided to swear.

(h)(R. Ami): One is never liable for Bituy for an oath Beis Din forced him to take. "Ki Sishava" connotes that he decided to do so.

1.(Reish Lakish): 'Ki' has four meanings: if, perhaps, rather, and because. (Here it means if, i.e. if he chooses to swear.)

(i)(R. Elazar): In all cases, he is liable for Shevu'as Bituy, except for when he is liable for Shevu'as ha'Shomerim, i.e. a borrower who denies that he received the deposit, or a Shomer Sachar or renter who (falsely) claim that a full Ones occurred, for they denied money.

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