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|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. When a person is Chayav a Shevu'ah, he may be made to swear, with a Gilgul Shevu'ah, on other claims for which there is no Chiyuv Shevu'ah, unless he is swearing the Shevu'ah of a laborer.
2. Rav Huna maintains that the Beis Din may initiate a Gilgul Shevu'ah. Rav Chisda disagrees.
3. Shevi'is is Meshamet a Shevu'ah.
4. There are four types of Shomrim: Shomer Chinam, Shomer Sachar, Sho'el, and Socher.
5. If a Shomer Chinam swears that the item he was guarding was lost, and witnesses testify that he consumed it, he must pay the principal. If he admits that he swore falsely, he must pay an additional fifth and bring a Korban Asham.
6. If a Shomer Chinam swears that the item he was guarding was stolen, and witnesses testify that he consumed it, he is Chayav to pay Kefel. If he admits that he swore falsely, he must pay an additional fifth and bring a Korban Asham.
7. A person stole and slaughtered an ox or a lamb. When he saw that witnesses were about to testify, he admitted that he stole it but denied that he slaughtered it. He pays only the principal.
8. If a Shomer swears a Shevu'as Pikadon, he is Chayav a Korban only if the false Shevu'ah would have exempted him from paying.
9. According to Rebbi Meir, a Shomer Socher has the status of a Shomer Chinam. According to Rebbi Yehudah, he has the status of a Shomer Sachar.
A BIT MORE
1. A laborer who claims that he was not paid his wages should not be Chayav a Shevu'ah, since an employer is busy with his workers and it is likely that he forgot that he paid them. The only reason why the laborer must take a Shevu'ah is to appease the mind of the employer. Therefore, the concept of Gilgul Shevu'ah does not apply, and the laborer cannot be made to swear any other Shevu'ah.
2. According to Rav Huna, even if the claimant does not submit a request for the defendant to swear on other claims with a Gilgul Shevu'ah, the Beis Din will insist on it. Rav Chisda maintains that the Beis Din does not initiate a Giglul Shevu'ah without a request from the claimant.
3. Shevi'is is Meshamet a Shevu'ah for a loan that was made. Shevi'is is not Meshamet other types of Shevu'os.
4. A Shomer Chinam swears for everything and is exempt from payment unless he was negligent. A Sho'el must pay for everything except for a borrowed animal which died as a result of routine work. A Shomer Sachar and a Socher swear and they are exempt from payment if the item broke, was captured, or died. They must pay if the item was stolen or lost.
5. He is Chayav a Korban Shevu'ah only if he admits that he swore falsely and wants to atone for his sin. However, he is not Chayav Kefel, even if he does not admit to it, because the Chiyuv Kefel exists only when he claims that the item was stolen.
6. If he admits that he stole falsely, he is Chayav a Korban Shevu'ah. There is no Chiyuv Kefel since Kefel is a Kenas, and one who admits to a Kenas is exempt from paying.
7. He is exempt from paying Kefel because he admitted that he stole it. A person who admits to a Kenas is exempt from paying, even though he admitted to it only when he saw that witnesses were about to testify. He is also exempt from paying Arba'ah v'Chamishah because whenever a thief anav is exempt from Kefel he is also exempt from Arba'ah v'Chamishah. The Torah's obligation to pay Arba'ah v'Chamishah requires that he pay four or five times the animal's value, not three or four times.
8. The Torah obligates a person to bring a Korban for a false Shevu'as Pikadon only when denied a Chiyuv Mamon, a monetary obligation.
9. Rabah bar Ahavah maintains that the opposite is true. According to Rebbi Meir, a Socher is like a Shomer Sachar. According to Rebbi Yehudah, he is like a Shomer Chinam.
Index to Revach for Maseches Shevuos