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|SHEVUOS 41 - Two weeks of study material 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. There is a disagreement about whether one who is Chayav a Shevu'ah Min ha'Torah may insist that the claimant take the Shevu'ah instead in order to collect.
2. There is a disagreement about whether Beis Din collects the claim from the property of one who is Chayav a Shevu'ah d'Rabanan and he says, "I will not swear but I will not pay."
3. There is a disagreement about whether stealing an object which was found by a deaf mute, an insane person, or a Katan is ordinary Gezel.
4. If one who is Chayav a Shevu'ah Min ha'Torah is suspected of swearing falsely, the Shevu'ah is put on the claimant instead.
5. If a lender produces a Shtar and the borrower claims that he already paid, he is not believed and he must pay.
6. If a lender produces a Shtar but admits that it was partially repaid, he may not collect the remainder unless he swears.
7. If one borrowed money in front of witnesses, there is a disagreement about whether he must repay in front of witnesses.
8. According to the second Lashon, everyone agrees that if one borrowed money in front of witnesses, he does not need to repay in front of witnesses.
9. If one loaned money on condition that it be repaid in front of Reuven and Shimon, and the borrower repaid in front of two other witnesses, there is a disagreement about whether they are believed.
10. If one loaned money on condition that it be repaid in front of two Talmidei Chachamim, and the money is repaid without any witnesses, the lender may not claim he accepted the money as a Pikadon.
11. If one denied borrowing money, but witnesses testify that he borrowed the money and repaid it, there is a disagreement about whether he is still obligated to repay.
12. If a borrower claims he repaid in front of two specific witnesses and the witnesses deny it, he is not regarded as a liar. He is believed with a Shevu'ah that he repaid without witnesses.
A BIT MORE
1. However, everyone agrees that one who is Chayav a Shevu'ah d'Rabanan may insist that the claimant take the Shevu'ah instead.
2. Everyone agrees that if he is Chayav a Shevu'ah Min ha'Torah and he says, "I will not swear but I will not pay," the Beis Din collects the claim from his property.
3. The Tana Kama maintains that although these people do not have a Kinyan, the Rabanan decreed that an object they find is Gezel for the purpose of preserving the peace, but the Gezel is not collected from his property. Rebbi Yosi maintains that the Gezel is collected from his property.
4. However, if a person who is Chayav a Shevu'ah d'Rabanan is suspected of swearing falsely, the Shevu'ah is not placed on the claimant, because a Takanah is not made for another Takanah.
5. If the borrower requests that the lender swear, the lender must swear before collecting.
6. Although he has a Shtar, he may not collect without a Shevu'ah. The Shtar may not be relied upon since he admits that it was partially repaid. Even if the borrower does not request a Shevu'ah, the lender must swear before collecting.
7. Rav Asi maintains that he must repay in front of witnesses. Shmuel maintains that the borrower may claim, "I paid in front of Ploni and Ploni who have since traveled overseas."
8. However, if the lender instructed him not to repay unless it is in the presence of witnesses, according to Rav Asi he must repay in front of witnesses. According to Shmuel the borrower may claim, "I paid in front of Ploni and Ploni who have since traveled overseas."
9. Abaye maintains that the witnesses are believed. Rava maintains that the witnesses are not believed if the lender claims they are false witnesses.
10. If the lender admits that he received the money, he may not claim that he took it as a Pikadon until two Talmidei Chachamim appear and the condition is fulfilled. Consequently, even if an Ones occurs and the money is lost, the borrower is not responsible.
11. Abaye maintains that he is exempt from repaying since witnesses testify that he repaid. Rav maintains that he is obligated to repay because when a person says he did not borrow, he is also saying that he did not repay.
12. Even though his claim, that he paid in front of the witnesses, turned out to be false, he is not necessarily considered a liar. Since he was not obligated to pay in front of witnesses, he did not pay attention whether the witnesses were present or not.
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