REVIEW QUESTIONS ON GEMARA AND RASHI
Prepared by Rabbi Eliezer Chrysler
of Kollel Iyun Hadaf, Yerushalayim
daf@dafyomi.co.il http://www.dafyomi.co.il
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SHEVUOS 45 (1 Elul) - Dedicated l'Iluy Nishmas Esther Chaya Rayzel (Friedman) bas Gershon Eliezer (Yahrzeit: 30 Av, Yom Kevurah: 1 Elul) by her daughter and son-in-law, Jeri and Eli Turkel of Raanana, Israel. Esther Friedman was a woman of valor who was devoted to her family and gave of herself unstintingly, inspiring all those around her.
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1)
(a) What does our Mishnah say about a case where the defending litigant is a gambler, lends on interest, indulges in pigeon-racing or does business with Sh'mitah-produce?
(b) According to Rebbi Yossi, if both litigants are suspect of making false oaths, the Shevu'ah returns to its place (which will be explained in the Sugya). What does Rebbi Meir say?
(c) Why can 'Chenvani al Pinkaso' not refer to a case where the storekeeper cites his ledger in which it is recorded that Reuven owes him two hundred Zuz, who subsequently claims that he paid?
(d) What then is the case?
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2)
(a) What does the Tana Kama rule in the case of 'Chenvani al Pinkaso'?
(b) On what grounds does ben Na'nes object to the Tana Kama's ruling?
(c) What does he therefore rule?
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3)
(a) What does the Tana say about a case where Reuven asks a storekeeper for a Dinar's worth of fruit, and when the latter asks for the money, he claims that he already paid him and that he put the money in his purse? What sort of Shevu'ah is the Tana referring to?
(b) And what does he rule in a case where Reuven paid the storekeeper, and where he subsequently asks for the fruit, the store-keeper claims that he gave them to him and that he took them home?
(c) According to Rebbi Yehudah, whoever has the fruit has the upper hand. In which case does he argue?
(d) What does Rebbi Yehudah's reasoning?
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4)
(a) What does the Tana Kama rule in a case where Reuven asks a banker for a Dinar's worth of small coins ...
1. ... and when the latter asks for the Dinar, he claims that he already gave it to him and that he put it in his purse?
2. ... and first hands him the Dinar. Then, when he asks for the coins, the banker claims that he already handed them over?
(b) What does Rebbi Yehudah say? With which ruling does he disagree?
(c) Our Mishnah compares Yesomim who claim a debt with a Sh'tar to 'Pogemes Kesuvasah', 'Eid Echad Me'idah she'hi Peru'ah', and to someone who claims from Nechasim Meshubadim or from the property of Yesomim. What do all of these have in common?
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5)
(a) Before the Yesomim can claim, they must make a triple Shevu'ah. They swear that their father did not inform them either at the time of his death or at any time prior to that, that the debt was paid. Which third point must they add to the Shevu'ah?
(b) What does Rebbi Yochanan ben Berokah say about a son who is born after his father died?
(c) And what does Rebbi Shimon ben Gamliel say about a case where witnesses testify that, before the father died, he admitted that the Sh'tar had not been paid?
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6)
(a) What does our Mishnah say about Shutfin, Arisin, Apotropsin, and a woman whose husband appointed to manage his estate, or a son who is managing his deceased father's estate?
(b) What does 'Apotropsin' mean in this context?
(c) Once Shutfin and Arisin have divided the property or the goods, they are no longer obligated to swear. Under which circumstances could one nevertheless impose a Shevu'ah on the other?
(d) The Mishnah's final statement is 've'ha'Shevi'is Meshametes es ha'Shevu'ah'. What does the Tana mean by that?
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7)
(a) What do we learn from the Pasuk in Mishpatim (in connection with a Shevu'as ha'Shomrim) "ve'Lakach Be'alav ve'Yeshalem"?
(b) What problem do we have with Rav Yehudah Amar Shmuel, who, in reply to the question why we rule 'Nishba'in ve'Notlin' regarding a Sachir, replies ...
1. ... initially 'Halachos Gedolos Shanu Ka'n'?
2. ... (in answer to the problem) that we must amend 'Halachos' to 'Takanos'?
(c) How does Rav Nachman finally quote Shmuel?
(d) What problem do we have with the suggestion that ...
1. ... the basis of this Takanah is for the sake of the employer's Parnasah?
2. ... it is because the employer will gladly agree with the Takanah, since it enables him to find workers more easily?
(e) On what grounds do we dismiss both previous arguments? Why is neither of them a good reason to switch the Shevu'ah?
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8)
(a) So we finally ascribe the reason for placing the Shevu'ah with the employee to the fact that the employer is too busy to remember whether he paid him or not. Then why should the employee not claim without a Shevu'ah?
(b) Why did Chazal not institute that the employee...
1. ... must be paid in front of witnesses (to avoid swearing unnecessarily)?
2. ... receives his wages before commencing work?
(c) What does the Beraisa rule in a case where the employee claims that the employer promised him two Zuz, and the employer claims that they agreed on one?
(d) Why do we not apply the S'vara there 'that an employer is too busy to remember'?
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45b----------------------------------------45b
9)
(a) What does the Beraisa rule in a case where the employee claims his wages after the time limit prescribed by the Torah has expired?
(b) We initially ascribe this ruling to a Chazakah? Which Chazakah?
(c) How do we resolve this with what we just learned (that an employer is too busy to remember these things)?
(d) And how do we finally resolve the problem after pointing out that the employee too, has a Chazakah that he would not transgress the La'v of 'Bal Tigzol' (also in Kedoshim)?
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10)
(a) How does Rav Nachman Amar Shmuel qualify our Mishnah? What does he say about the case of Sachir where the employer hired the employee not in front of witnesses?
(b) Why is that?
(c) Rebbi Yitzchak commented 'Yeyasher'. What did he quote Rebbi Yochanan as saying?
(d) Does this mean that Resh Lakish disagreed with Rebbi Yochanan?
(e) Some say that this was because Rebbi Yitzchak was not in the Beis-Hamedrash when Rebbi Yochanan finished the Sugya, so he did not know whether Resh Lakish argued with Rebbi Yochanan or not. What do others say?
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11)
(a) Rav Menashya bar Z'vid quoting Rav conforms with Shmuel's ruling. On what grounds does Rava disagree with Rami bar Chama, who praised this opinion? What problem did Rava have with it, based on the Shevu'as Shomrin of a Shomer Sachar?
(b) How do we initially refute Rava's proof? In which case will a Shomer Sachar not have a 'Migu' of Ne'ensu' because he could have denied having been appointed as a Shomer?
(c) And in which case will the Shomer Sachar not be believed because he could have claimed that he returned the article?
(d) What can we extrapolate from here regarding distinguishing between someone who deposits with witnesses and someone who deposits with a Sh'tar? Why is that?
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12)
(a) What did Rami bar Chama mean when, with reference to Rav Sheishes (whom we are about to cite), he quoted the Pasuk in Shmuel "Vayasem David es ha'Devarim he'Eileh be'Libo"?
(b) When Rav Sheishes asked Rabah bar Shmuel what he had learned regarding Sachir, he cited him the Mishnah in Bava Metzi'a, 'Sachir bi'Zemano Nishba ve'Notel'. How did he qualify that statement? In which case will the Tana agree?
(c) What does Rav Sheishes extrapolate from the Seifa of that Mishnah that sheds light on the Reisha?
(d) What does he try to prove with that?
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13)
(a) How does Rav Nachman bar Yitzchak refute Rav Sheishes' proof? If the Reisha also requires a proof, why did the Tana not say so?
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