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SHEVUOS 21
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SUMMARY

1. Ravin says in the name of Rebbi Yochanan that if one makes a false vow about what happened in the past, it is a Shevu'as Sheker.
 
2. A person who transgresses a Lav which does not entail an action is not punished with Malkus, with three exceptions.
 
3. If someone swears he will eat on a certain day and he does not eat that day, he is not punished with Malkus.
 
4. Rebbi Avahu citing Rebbi Yochanan maintains that a person is punished with Malkus if he makes a false vow about what he ate or did not eat in the past.
 
5. A person swears three times that he will not eat a specific loaf of bread. If he subsequently eats it, he is only Chayav one set of Malkus.
 
6. Rebbi Yishmael maintains that a person is Chayav a Korban only for a Shevu'ah about the future, but not for a Shevu'ah about the past. Rebbi Akiva disagrees.
 
7. There is no Chiyuv Korban for one who swears a Shevu'as Shav.
 
8. Rebbi Akiva maintains that if a person swears he will not eat, he is Chayav a Korban even if he eats but a minute amount.
 
9. Rebbi Shimon maintains that a person who eats even a minute amount of a prohibited item is Chayav Malkus.
 
10. A Nazir soaks bread in wine. If he eats an olive-sized piece of the combination of bread and wine he is Chayav Malkus according to Rebbi Akiva.
 
11. If someone swears that he will not eat at all and he eats Neveilos or Tereifos, he is Chayav a Korban according to the Tana Kama. Rebbi Shimon says he is exempt from a Korban.

A BIT MORE

1. When a person swears about the past, he must be given Hasra'ah, as derived from the verse, "Do not swear in My name falsely." When a person swears about the future, he must be given Hasra'ah, as derived from the verse, "He shall not profane his word." However, Rav Dimi says in the name of Rebbi Yochanan that a vow about the past is a Shevu'as Shav. A vow about the future is a Shevu'as Sheker.
 
2. The three exceptions are: a Shevu'as Shav, making a Temurah from an animal of Hekdesh, and cursing one's friend with the name of Hashem.
 
3. Rebbi Yochanan says he is not punished with Malkus because it is a Lav which does not entail an action. Reish Lakish says he is not punished with Malkus because it is a Hasra'as Safek, as it is impossible to time the Hasra'ah such that it should be given within Kedei Dibur of the end of the day.
 
4. Although it is a Lav which does not entail any action, he is punished with Malkus because a Shevu'as Sheker is compared in the Torah to a Shevu'as Shav which is punished with Malkus.
 
5. Although he swore three times, he is only Chayav for the first Shevu'ah because the second Shevu'ah is a vow which affirms a Mitzvah. There is no Chiyuv for a vow which affirms a Mitzvah.
 
6. Rebbi Akiva disagrees. He learns that a person is Chayav a Korban Oleh v'Yored for a Shevu'ah about the past as well.
 
7. Even Rebbi Akiva, who holds that there is a Chiyuv Korban for a Shevu'as Bituy about the past, agrees that there is no Chiyuv Korban for a Shevu'as Shav.
 
8. The Rabanan disagree. The say he is only Chayav if he eats an amount the size of an olive. However, if he specifies in his Shevu'ah that he will not eat even a minute amount, he is Chayav even according to the Rabanan.
 
9. Even according to Rebbi Shimon, he is exempt from a Korban unless he eats the size of an olive.
 
10. Although the bread is permitted to a Nazir, a permitted item combines with a prohibited wine to make up the minimum Shi'ur.
 
11. Rebbi Yochanan, Rav and Shmuel maintain that a Shevu'ah which affirms a Mitzvah does not go into effect. If someone vows not to eat prohibited items along with permitted items it is an effective Shevu'ah according to the Tana Kama. Reish Lakish maintains if someone vows not to eat prohibited items, the Shevu'ah goes into effect if he included less than the size of an olive in his vow according to the Tana Kama.

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