[35a - 46 lines; 35b - 37 lines]

1)[line 21]לישתבע נמי אגילגול שבועה, כמה היה שוהLISHTABA NAMI A'GILGUL SHEVU'AH, KAMAH HAYAH SHAVEH (SHEVU'AH: GILGUL SHEVU'AH - (lit. "rolling" an oath) the extension of an oath)

(a)If a defendant has to take an oath in Beis Din in response to one claim of a plaintiff, he can be required to include within his oath a response to another outstanding claim from the same plaintiff, even though the second claim was not the type of claim which normally requires an oath. This Halachah is learned from the Shevu'ah of the Sotah woman (see Background to Kidushin 80:27), where she is obligated to swear that she did not have relations with the man whom her husband suspects. Beis Din is Megalgel onto her oath the additional details that she did not have relations with any other man, while she was an Arusah, etc., to which she must swear, also.

(b)Examples of claims that can be included in a person's oath through Gilgul are Shevu'os that pertain to land, Kofer ba'Kol (denying an entire loan), and even an oath that the defendant is not the slave of the claimant (Kidushin 28a).

(c)The Halachah of Gilgul Shevu'ah applies whether the Shevu'ah is a Shevu'ah d'Oraisa such as the Shevu'ah brought about by the testimony of a solitary witness, or a Shevu'ah d'Rabanan such as Shevu'as Heses (Shevu'os 48b; see Rashi there).

2)[line 23]תבא במאמינוTEHEI B'MA'AMINO- [when the Mishnah in Shevu'os 43a states that the Malveh is exempt even from making Shevu'os,] let it be referring to a case where he (the Loveh) believes him [that it is not in his possession]

3)[line 24]ונהמניה לוה למלוה נמי בהא כמה הוה שוה?LISHTABA V'NEHEMNEI LOVEH LA'MALVEH NAMI B'HA KAMAH HAVAH SHAVEH?- And let the Loveh believe the Malveh also to say how much the Mashkon was worth?

4)[line 25]לא קים ליה בגויהLO KIM LEI B'GAVEI- he is not an expert in the value of the Mashkon, since he did not pay enough attention to it while it was in his house to assess its value

5)[line 29]"תֻּמַּת יְשָׁרִים תַּנְחֵם וְסֶלֶף בֹּגְדִים יְשָׁדֵּם""TUMAS YESHARIM TANCHEM; V'SELEF BOGDIM YEHSADEM"- "The absolute trust of the upright shall guide them; and the perverseness of the traitors shall destroy them." (Mishlei 11:3) - The Loveh considers the Malveh to be an upright person since he has been blessed with financial success. The Malveh looks upon the Loveh with distrust since he is financially needy.

6)[line 31]כיפיKEIFEI- jewelry; rings

7)[line 31]לא ידענא היכא אותבינהוLO YADANA HEICHA OSVINHU- I do not know where I placed them

8)[line 33]אגביה לאפדניה מיניהAGVEI L'APADNEI MINEI- he evicted him from his house (lit. his mansion), giving it to the owner of the Keifei

9)[line 33]ואיקורAYAKUR- they appreciated in value

10)[line 37]דשומא הדרSHUMA HADAR- property or items that were repossessed by Beis Din [to pay a debt] returns [to its owner]

11)[line 40]"וְעָשִׂיתָ הַיָּשָׁר וְהַטּוֹב""V'ASISA HA'YASHAR VEHA'TOV..."- "And you shall do that which is right and good [in the sight of HaSh-m; that it may be well with you, and that you may go in and possess the good land which HaSh-m swore to your fathers.]" (Devarim 6:18)

12a)[line 42]זבנהZAVNAH- if he sold it

b)[line 42]אורתהORSA[H]- if he bequeathed it [as a Matnas Schiv Mera, i.e. before he died (RASHBA; TOSFOS ROSH, 2nd explanation)]

13)[line 42]מעיקרא אדעתא דארעא נחותME'IKARA A'DA'ATA D'AR'A NACHUS- they originally took possession of the land (lit. went down [into the land]) with the intention of keeping the land

14)[line 43]שמו לה לאשה ואינסיבאSHAMU LAH L'ISHAH V'INSIVA- if Beis Din appraised property for a woman [in payment of a debt owed to her] and afterwards she got married

15)[line 44]שמו מינה דאשהSHAMU MINAH D'ISHAH- if Beis Din appraised property from a woman [in payment of a debt that she owed]

16)[line 45]באושא התקינוB'USHA HISKINU- the Beis Din (Sanhedrin) of Usha, a city in the western part of the lower Galilee, enacted the ordinance brought in our Gemara. Usha was one of the ten places to which the Sanhedrin was exiled at the time of the destruction of the Second Beis ha'Mikdash. As our Gemara explains, the Beis Din of Usha enacted that if a woman sells her Nichsei Milug during the lifetime of her husband, and then she dies before her husband, her husband may expropriate the property from the buyers.

17)[last line]הלקוחותLEKUCHOS- buyers

35b----------------------------------------35b

18)[line 1]אגביה איהו בחובוAGVEI IHU B'CHOVO- if the debtor, of his own volition, appraised one of his properties and gave to his creditor in payment of his loan

19)[line 6]מחמת כיסופאMACHMAS KISUFA- because of shame

20)[line 8]מכי מטיא אדרכתא לידיהMI'KI MATYA ADRACHTA L'YADEI- from the time that the Adrachta reaches his hands. An Adrachta is a document giving permission to a creditor to seize the possessions of a debtor. (It can also refer to a document confirming that a creditor has expropriated property that his debtor sold to others due to a debt which included "Achrayus." See Rabeinu Chananel, and Background to Bava Basra 169:7.)

21)[line 9]עדיו בחתומיו זכין לוEDAV B'CHASUMAV ZACHIN LO - by signing a document, witnesses cause the document to take effect as though it were already transferred to the hands of its beneficiary.

(a)The principle of Zachin l'Adam she'Lo b'Fanav teaches that when the acquisition of a certain object is unquestionably beneficial for a person, someone may acquire it for the person as if he were his Shali'ach, even though he was not actually appointed a Shali'ach to do so.

(b)As a corollary of this law, some Amora'im maintain that when one prepares a document which will accomplish the transfer of property to another person upon its delivery to the recipient, as soon as two witnesses sign the document it is as if they have already acquired the document for the recipient. This means that if the document is beneficial to the recipient, it takes full effect the moment the witnesses sign it.

(c)The Gemara (Bava Metzia 13a) points out that even according to those who maintain Edav b'Chasumav Zachin Lo, the document does not take effect at all unless it is eventually transferred by its author to the hands of the recipient. When it is transferred to the hands of the recipient, it takes effect retroactively from the time that it was signed through Edav b'Chasumav Zachin Lo.

(d)Some Rishonim assert that this Halachah might apply only with regard to monetary benefits that are related to signed documents, and not with regard to laws of Isur v'Heter (prohibitions that are put into effect or removed) related to signed documents. Therefore, even those who maintain Edav b'Chasumav Zachin Lo might admit that a slave does not become permitted to marry a Jewish woman, like a freeman, retroactively from the time that witnesses signed his Shtar Shichrur (see TOSFOS 20a DH Shovar).

22)[line 9]מכי שלימו ימי אכרזתאMI'KI SHLIMU YEMEI ACHRAZTA (HACHRAZAH)

(a)Before Beis Din sells the property of a debtor to pay his debts, they must first estimate the value of the property and then announce for thirty consecutive days, or for a period of sixty days on Mondays and Thursdays, that they are selling the property. They make this announcement in the morning and the evening, at the time that workers are going to and coming back from work. The announcements in the morning are made so that a prospective buyer can ask his worker to evaluate the property on his way to work; the announcements in the evening are made to remind the prospective buyer about the property so that he will ask his worker how much the property produces.

(b)At the time that the announcements are made, the distinguishing marks and the boundaries of the property are announced. Likewise, Beis Din announces the amount that the field produces, the estimated value, and the reason that it is being sold (whether to pay back a loan or to pay the Kesuvah of a widow. Some people prefer to pay a creditor because he will accept imperfect coins as payment, and some people prefer to pay a widow since she usually gets paid in small installments.)

(c)If Beis Din sold the property without a Hachrazah, the sale is invalid and the property has to be sold again with a Hachrazah. However, if Beis Din is selling the property in order to pay the head-tax, to pay for the food of the widow or orphans, or to pay for the burial of the debtor's father, they do not make a Hachrazah, because there is no time to spare. (Erchin 21b, RAMBAM Hilchos Malveh v'Loveh 12:8, 10-11)

23)[line 11]ומתה כדרכהMESAH K'DARKAH- it died under normal circumstances (an Ones, an unavoidable accident), but not due to Mesah Machmas Melachah, i.e. the normal manner of usage

24)[line 14]תחזור פרה לבעליםTACHZOR PARAH LA'BE'ALIM- the [value of the] cow is paid (lit. returned) to the owner

25)[line 17]דל אנת ודל שבועתךDAL ANT V'DAL SHEVU'ASECH- (lit. remove yourself [from here] and remove your oath) I do not need (and I will not consider) either you or your oath

26)[line 18]ואנא משתעינא דינא בהדי שואלV'ANA MISHTA'INA DINA BAHADEI SHO'EL- (lit. rather, I will speak about the law with him) rather, I will go to court with the Sho'el

27)[line 20]להפיס דעתו של בעל הביתL'HAFIS DA'ATO SHEL BA'AL HA'BAYIS- in order to put the mind of the owner at ease

28a)[line 23]אגרה מיניהAGRAH MINEI- he rented it from him

b)[line 23]שיילה מיניהSHAILAH MINEI- he borrowed it from him

29)[line 24]תמנןTEMANAN- eighty

30a)[line 28]עיילה ואפקהAILAH V'AFKAH- he brought it in (lit. up) and he took it out

b)[line 29]אפקה משכירות ועיילה לשאילהAFKAH MI'SECHIRUS V'AILAH LI'SHE'EILAH- he took it out of [the status of] a rental and brought it into [the status of being] a borrowed item

31)[line 33]שום שאלהSHUM SHE'EILAH- the name, category of being borrowed

32)[last line]חטאתCHATAS (SHEVU'AS BITUY)

(a)A person can make an oath, or "Shevu'as Bituy," by swearing to do something or not to do something, or by swearing that he did or did not do something in the past. If he does not keep his word, or if his oath regarding an action of the past is false, he transgresses the Torah's prohibition not to swear falsely (Vayikra 19:12 - RAMBAM Hilchos Shevu'os 1:3). If his oath was made regarding an action that he will or will not do in the future, he transgresses the Torah's prohibition not to violate one's word as well (Bamidbar 30:3, see Background to Nedarim 2:1a:a - KESEF MISHNEH ibid.). It is also prohibited to make an unnecessary or ridiculous oath. Such a Shevu'ah is known as a "Shevu'as Shav," which the Torah prohibits in the Ten Commandments, Shemos 20:7. (See Rambam, Hilchos Shevu'os 1:4, for a description of the various categories of Shevu'as Shav, and Background to Sanhedrin 27:14.)

(b)If one unintentionally transgresses his oath (Shevu'as Bituy), he is required to bring a Korban Shevu'ah. The Korban Shevu'ah is a Korban Oleh v'Yored, which means that the makeup of the Korban varies based on the means of the penitent. If he is wealthy, he brings a female sheep or goat as a Chatas. If he cannot afford this, he brings two doves or two turtledoves, one as an Olah and one as a Chatas. If he cannot even afford the birds, he brings one tenth of an Eifah of fine flour as a Minchas Chatas. (Vayikra 5:6-13) If a person makes an oath prohibiting himself to do a certain act and he knowingly transgresses his oath, or if he knowingly takes a false oath that he did or did not do a certain act, he is punished with Malkos. However, if he swears to do something and does not do it, he does not get Malkos, since no action is involved (RAMBAM Hilchos Shevu'os 4:20). If one unintentionally takes a Shevu'as Shav, he is not punishable. If he intentionally takes such a Shevu'ah, he is punished with Malkos (RAMBAM Hilchos Shevu'os 1:7).

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