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|SHEVUOS 45 - 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 person is suspected of swearing falsely a Shevu'as Edus, a Shevu'as Pikadon or even a Shevu'as Shav, he is no longer believed with a Shevu’ah. The Shevu’ah is given instead to the claimant.
2. A gambler or one who lends with interest, or engages in commerce with produce of Shevi’is is not believed with a Shevu’ah. The Shevu’ah is given instead to the claimant.
3. If a person instructed a store keeper to give his worker some small coins and the store keeper claims he gave them while the worker claims he didn’t receive them, the Tana Kama maintains that they both swear and collect.
4. If a customer received fruit or small coins from a storekeeper or a money changer, and the customer claims that he paid while the storekeeper denies it, according to the Tana Kama the customer must swear. Rebbi Yehudah maintains that no Shevu’ah is necessary.
5. If a woman admits that a portion of her Kesuvah had already been paid or one witness testifies that the Kesuvah was paid she may not collect without a Shevu’ah.
6. Even orphans may not collect a debt of their father without a Shevu’ah.
7. If a laborer claims that he was promised two Sela for his work and his employer claims that he promised only one Sela, the burden of proof is on the laborer.
8. If there is a dispute whether the laborer received his wages after the allotted time to pay a worker has passed the laborer is no longer believed with a Shevu’ah.
9. If witnesses were not present when a laborer was hired the employer is believed that he paid if there is a dispute whether the worker received his wages.
10. If a Shomer received a Pikadon in front of witnesses he is not obligated to return it in front of witnesses.
A BIT MORE
1. Although a Shevu'as Shav doesn’t entail denying a debt and thus it is an Aveirah only to Heaven, but not to one’s fellow man, he is no longer believed with any type of Shevu’ah.
2. According to Rebbi Meir if both the claimant and the defendant were not believed with a Shevuah the defendant must pay the claim. Rebbi Yosi maintains that he pays half.
3. However, Ben Nanas maintains that we may not have both of them swear because one of them will be swearing falsely.
4. According to Rebbi Yehudah it is not necessary for the customer to swear because it is unusual for a storekeeper or a money changer to give the produce or the coins before receiving payment.
5. If she collects the Kesuvah from the buyers of the property of her husband, or from orphans, or she collects it without her husband’s presence, she also may not collect without a Shevu’ah.
6. They swear that their father did not inform them that the Shtar they are collecting had been paid and they did not find a receipt for this Shtar. Rebbi Yochanan Ben Beroka maintains even if the son was born after the death of his father he must swear.
7. An employer is very occupied with his workers and may forget whether he paid his workers. However, he does remember how much he promised his laborers for their work.
8. Although an employer is occupied with his workers, nevertheless once the deadline for paying a worker has passed, he makes sure to remember so that he will not transgress the prohibition of failing to pay a worker on time.
9. Since the employer could have denied hiring the laborer in the first place he is believed with a Migu that he paid his wages.
10. However, if the Pikadon was given to the Shomer with a Shtar it must be returned in front of witnesses.
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