43b----------------------------------------43b
6)
(a) Shmuel concludes that when the Tana states 'Mi Nishba, Mi she'ha'Piladon Etzlo', he must be referring to the Reisha, where the creditor claims that the debt exceeded the value of the Pikadon (and Rebbi Chiya bar Ashi and Rebbi Yochanan concur with him). Why can it not refer to the Seifa?
(b) To which of the two cases in the Reisha does it then refer?
(c) According to Rav Ashi, we do not switch the Shevu'ah at all, and it is the debtor who swears how much the Pikadon is worth. How does he then interpret ...
1. ... the question 'Mi Nishba'?
2. ... the answer 'Mi she'ha'Pikadon Etzlo'?
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7)
(a) What does Shmuel say about Reuven who lends Shimon a thousand Zuz against a security of the handle of a scythe?
(b) Why is that?
(c) Why does it not therefore follow that the debtor can turn round to the creditor and tell him to keep the handle as payment of the loan?
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8)
(a) Why would Shmuel not issue the same ruling in a case where Reuven received a security of two handles, and one of them got lost?
(b) Rav Nachman disagrees. What does he say?
(c) In which case, would he agree with Shmuel? Why is that?
(d) What do the Neherda'i say?
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9)
(a) What does our Mishnah rule in a case where Reuven loses the security that he received against a loan of a Sela, which he claims is worth a Shekel, if Shimon claims that it is worth three Dinrim?
(b) How do we reconcile this with Shmuel, who says 'Avad Kata de'Magla, Avad Kol Ma'osav'?
(c) Rebbi Eliezer rules in a Beraisa that if Reuven loses the security, he swears that he lost it, and claims his loan. What does Rebbi Akiva say?
(d) In which case will Rebbi Eliezer agree that once Reuven loses the security, he loses his right to claim?
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10)
(a) Why can Rebbi Eliezer and Rebbi Akiva not be arguing over a security that is equal in value to the amount of the loan?
(b) In that case, they must be arguing when it is worth less (like the case of Shmuel). What do we initially suggest to be the basis of their Machlokes?
(c) According to Rebbi Eliezer, the creditor is no more than a Shomer over the security. What kind of Shomer?
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Index to Review Questions and Answers for Maseches Shevuos
