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|SHEVUOS 42 - 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. If a borrower claims he repaid a loan of 600 Zuz with 100 items worth 6 Zuz each, while witnesses testify that the items were worth 4 Zuz each, he is regarded as a liar.
2. The lender is holding a Shtar and the borrower claims that he repaid the loan. The lender counters that the repayment was for a different loan that had no Shtar. There is a disagreement about whether he may collect with the Shtar.
3. A borrower agreed to trust the lender, who now claims that the loan was not repaid. If the borrower repaid in front of two witnesses, there is a disagreement about whether the lender is believed now to say that he was not repaid.
4. A borrower agreed to trust the lender like two witnesses if he claims that the loan was not repaid. If the borrower repays in front of three witnesses, there is a disagreement about whether the lender is believed to say that he was not repaid.
5. A person is not obligated to take a Shevu'ah on a claim from a deaf mute, an insane person, or a minor.
6. The Torah obligates a person to swear if he admits to a portion of a claim, because a person does not have the audacity to deny a claim completely in front of his lender.
7. There is a disagreement if a person is obligated to swear if a son claims that his father lent him money.
8. A person may not collect from the property of orphans without a Shevu'ah.
9. If a person is Makdish his property and someone has a Shtar Chov on the property, he may not collect without a Shevu'ah.
10. A Ganav does not pay double, or the payment of four or five times, for stealing Karka, Avadim, Shtaros, or Hekdesh.
A BIT MORE
1. The borrower also is not believed, even with a Shevu'ah, to claim that he paid the difference in cash between the value of the items as he originally stated it and their actual value, because he has been proven to be a liar.
2. However, if there were no witnesses present at the time of the repayment, everyone agrees that the lender may collect with the Shtar. He has a Migu that he could have denied ever having been repaid in the first place.
3. Abaye and Rav maintain that the lender is believed if he claims that he was not repaid, even though witnesses were present. Rav Papa maintains that the borrower agreed only to trust the lender more than himself, but not to trust him more than two witnesses.
4. Rav Papa maintains that the lender is not believed, because the borrower agreed to trust the lender only like two witnesses, but not like three witnesses. Rav Huna bar Yehoshua maintains that the lender is believed to say that he was not repaid, because there is no legal difference between two or three witnesses.
5. Although a deaf mute cannot talk, he can make a claim by gesturing. A transaction made by one of these people is not valid and therefore there is no Chiyuv Shevu'ah.
6. Since he did not have the audacity to deny the entire debt, he admitted to a portion of it. Nevertheless, although he wanted to deny the entire debt, he is not suspected of swearing falsely because he is not a thief. He really wanted to admit to the entire debt, and he denied a portion of it only in order to buy time until he attains the money.
7. According to Rebbi Eliezer ben Yakov, if he admits to a portion of a claim from the son of the lender, he is obligated to take a Shevu'as Modeh b’Miktzas, because a person does not have the audacity to deny a claim completely even in front of the son of his lender. The Rabanan maintain that he is exempt from a Shevu'ah in such a case, because he is considered a "Meishiv Aveidah." Such a person has the audacity to deny a claim completely in front of the son of his lender.
8. Even if the orphans are adults, he may not collect without a Shevu'ah. Moreover, even with a Shevu'ah he may collect only from the lowest-quality property of the orphans.
9. However, if a Shechiv Mera is Makdish his property and he says, "I owe Ploni a Maneh," he is believed, because a person who is on his deathbed will not attempt to deceive Hekdesh.
10. Karka is excluded because it is stationary. Avadim are excluded because they are compared to Karka. Shtaros are excluded because they do not have any intrinsic value. Hekdesh is excluded because the Torah states, "his fellow man," and Hekdesh is not his fellow man.
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