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|SHEVUOS 47 - 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. According to Rebbi Yosi, if both the claimant and defendant are suspected of swearing falsely, the disputed money is split between them. Rebbi Meir maintains that the Shevu'ah "returns to its place."
2. When orphans collect the debt of their father from the orphans of the borrower, they may collect only with a Shevu'ah.
3. Rebbi Abba maintains that if a person takes an item from his friend in front of one witness and acknowledges that he took it but claims that it belongs to him, he is obligated to swear. Since he cannot swear, he must pay.
4. The orphans of Reuven claim from the orphans of Shimon that Shimon borrowed a hundred Zuz from Reuven. The orphans of Shimon respond, "We know about fifty, but we do not know about the other fifty." The verse exempts them from the fifty which they do not know about.
5. The river of Peras is the smallest of the four rivers mentioned in Parshas Bereishis. Nevertheless, since it borders Eretz Yisrael it is referred to as "the great river."
6. A person instructed a storekeeper to give his worker some small coins. The storekeeper claims he gave the coins to the worker, but the worker claims he did not receive them. The Tana Kama maintains that they both swear and collect.
7. When two sets of witnesses contradict each other, Rav Huna maintains that both sets remain valid for testimony. Rav Chisda disagrees.
8. A lender has two Shtaros on the same borrower for two different loans. The two witnesses who signed on one Shtar had previously contradicted the witnesses who signed on the other Shtar. The lender may collect only the lesser of the two loans.
9. Two lenders each have a Shtar on the same borrower. The two witnesses who signed on one Shtar had previously contradicted the witnesses who signed on the other Shtar. Both loans may be collected, according to Rav Huna.
10. A lender has two Shtaros on two different borrowers. The two witnesses who signed on one Shtar had previously contradicted the witnesses who signed on the other Shtar. According to Rav Huna, it is a Safek if the lender may collect both loans.
A BIT MORE
1. Rav and Shmuel agree that according to Rebbi Meir, the Shevu'ah is "returned" to the Shevu'ah that Klal Yisrael made at Har Sinai that "you shall not steal." Hashem will punish the person who is in the wrong, but Beis Din does not collect from him. Rebbi Abba says that according to Rebbi Meir, the Shevu'ah is returned to the defendant who is Chayav a Shevu'as Modeh b'Miktzas. Since he cannot swear, he must pay.
2. Rav and Shmuel explain that the orphans may collect the loan only if the lender died before the borrower. If the borrower died first, the loan may not be collected, because the lender was already obligated to swear to the orphans and a person cannot transfer to his heirs money for which he is Chayav a Shevu'ah, since the heirs cannot make the same Shevu'ah as their father.
3. Since there is one witness who saw him take the item, he is obligated to swear that he did not take it. However, he cannot swear that he did not take it, since he acknowledged that he took it. Even though he claims that the item belongs to him, since he cannot swear he must pay.
4. However, if the borrower himself would have made that claim, he would have been obligated to pay since he would not have been able to swear a Shevu'as Modeh b'Miktzas about an amount which he does not know about.
5. Shimon ben Tarfon says that one who touches a person who was anointed with oil becomes smudged with oil. Tana d'Vei Rebbi Yishmael says that the servant of a king is also called a king.
6. Rava says that according to Rebbi, the worker must swear in the presence of the storekeeper so that he will be embarrassed to lie.
7. According to Rav Chisda, since one of the sets of witnesses testified falsely and thus are now disqualified from testifying, the Beis Din may not accept testimony from either one of the two sets. According to Rav Huna, since we do not know which set was lying, both sets remain valid for testimony.
8. Rav Huna agrees that the Shtar with the larger sum may not be collected, because it is certain that the witnesses on one of the Shtaros are disqualified. Since we do not know which Shtar is not valid, the borrower has the upper hand and pays only the lesser of the two loans.
9. The borrower is definitely paying for a loan which he did not make, because the witnesses for one of the Shtaros are definitely invalid. Nevertheless, according to Rav Huna, since the Shtaros are held by two different lenders, both loans may be collected (and the borrower loses out).
10. Since one of the two Shtaros held by the lender is definitely not valid, perhaps he may not collect either of them. On the other hand, perhaps he may collect both Shtaros, according to Rav Huna, since the loans were made to two different people.
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