SHEVUOS 23 (3 Teves) - Today's Dafyomi material has been dedicated in memory of Hagaon Rav Yisroel Zev Gustman Ztz"L (author of "Kuntresei Shiurim") and his wife, Rebbetzin Sarah Gustman (daughter of Hagaon Rav Meir Bassin, a Dayan in Vilna) in honor of the Yahrzeit of the Rebbetzin. Sponsored by a number of Rav Gustman's Talmidim (Rabbis Avrohom Feldman and Mordecai Kornfeld).

[23a - 36 lines; 23b - 49 lines]

1)[line 1] DILMA AL YEDEI ANIGRON- perhaps one may eat it (wine) in a food called Anigron, in which wine and/or oil is mixed with the water in which beets were cooked

2)[line 3], ANIGRON, MAYA D'SILKEI- Anigron is made with the water in which beets were cooked

3)[line 3], () []ACHSIGRON, MAYA D'CHULHU (SILKEI) [SHILKEI]- Achsigron is a food that is made with the water in which other vegetables (besides beets) were cooked

4)[line 5]" [ ; ' -, ]""V'NASATAH HA'KESEF B'CHOL ASHER TE'AVEH NAFSHECHA BA'BAKAR UVA'TZON UVA'YAYIN UVA'SHECHAR... [V'ACHALTA SHAM...]"- "And you shall give the money for whatever your soul desires, for bulls, or for sheep, or for wine, or for strong drink, [or for whatever your soul desires; and you shall eat there before HaSh-m your G-d, and you shall rejoice, you, and your household]" (Devarim 14:26).

5)[line 6]CHAMRA- wine

6)[line 8] MIDI D'MESHAKER- something that intoxicates (and one only becomes intoxicated through drinking, not eating)

7)[line 8] DEVEILAH KE'ILIS- preserved figs from Ke'ilah (which are intoxicating)

8)[line 29] ACHILAH GEREIDASA- only eating (and not drinking)

9)[line 33] , ' [ . ' , ]"SHEVU'AH SHE'LO OCHAL," V'ACHAL PAS CHITIN V'CHULEI... [EINO CHAYAV ELA ACHAS. "SHEVU'AH SHE'LO OCHAL PAS CHITIN V'CHULEI..." V'ACHAL, CHAYAV AL KOL ACHAS V'ACHAS]- (the Gemara is referring to the second phrase)

10)[line 35]LACHOS- to chew [the individual grains]

23b----------------------------------------23b

11)[line 3] , , . [ , , ]"SHEVU'AH SHE'LO ESHTEH," V'SHASAH MASHKIN HARBEH, EINO CHAYAV ELA ACHAS. [SHEVU'AH SHE'LO ESHTEH YAYIN V'SHEMEN U'DEVASH, V'SHASAH, CHAYAV AL KOL ACHAS V'ACHAS]- (the Gemara is referring to the second phrase)

12a)[line 12] BATZIR ME'HACHI- less than this amount (the amount in the bottles in front of him)...

b)[line 12] , U'TEFEI ME'HACHI SHASINA- ... or more than this amount, I shall drink! (i.e. the Shevu'ah only applies to the exact amount in the bottles in front of him)

13)[line 15], EIMA SHE'LO ESHTEH ELU U'MINAIHU- [if he meant (when he listed these three drinks) that he did not want his Shevu'ah to apply to other drinks (but not to make three individual Shevu'os),] he should say that he will not drink these [three drinks] and more drinks of their (i.e. the same) kind

14)[line 17] BI'MESARHEV BO CHAVEIRO ASKINAN- [we are dealing with a case] where his friend was urging, compelling him [to drink, using the words, Yayin, Shemen u'Devash]

15)[line 23] EINO CHAYAV ELA ACHAS (SHEVU'AS HA'PIKADON)

(a)If a person claims that a fellow Jew owes him money or is unjustly holding onto an item that belongs to him, the claimant has the right to force the accused to take an oath that he holds no such money. The oath that the accused takes to assert that he is not harboring someone else's money or item is called Shevu'as ha'Pikadon.

(b)If the accused later admits to his sin, he must return what he stole, pay a fine of Chomesh (a fifth of the ensuing total, or a fourth of the original value of the money he withheld) and bring a Korban Asham to receive atonement (Vayikra 5:20-26). However, he does not pay the fine of Chomesh, nor does he bring a Korban Asham, unless he admits to having sworn falsely, whether he admits before witnesses come and attest that he stole the item, or whether he admits after witnesses come. However, if witnesses testify that he swore falsely, and he does not admit to it, he does not pay a Chomesh and he does not bring a Korban Asham as atonement for his false Shevu'ah. (In certain circumstances he is even exempt from paying the principle of the item that he stole, see Background to Bava Kama 106a.)

(c)The obligation to pay a Chomesh and to bring an Asham that is incurred by swearing falsely applies whether he made a Shevu'ah due to the demand of Beis Din, who obligated him to make a Shevu'as ha'Pikadon, or whether he made a Shevu'ah, in Beis Din, on his own initiative ("Kafatz v'Nishba"), or whether he made a Shevu'ah outside of Beis Din (Bava Kama 106a).

(d)If the litigant makes several different claims that the accused is unjustly holding several items that belong to him, and he makes a false oath that he is not holding those items, he must bring a Korban Asham for each item of the claim if he specified each of the items in his oath. If he said about all of them, "I swear that I have nothing of yours in my possession," then he brings only one Korban Asham.

16)[line 25] PERUTAH MI'KULAM MITZTAREFES- in the case where the accused swore, "I swear that I have nothing of yours in my possession," and he brings only one Korban Asham, if he only stole a small amount of each item, the different items may be combined to reach the minimum amount of one Perutah's worth of stolen goods

17a)[line 27] , A'PERATEI MICHAYEV; A'KELELEI LO MICHAYEIV- in the case where the accused swore, "I swear that I do not possess any Chitin or Se'orin, etc. of yours," he only brings a Korban Asham for each item of the claim, and not an additional Asham for the general words of the oath, "I swear that I do not possess..."

b)[line 28] A'KELALEI NAMI MICHAYEIV- he brings an additional Asham for the general words of the oath, "I swear that I do not possess..."

18)[line 30] , IY MISHTABA V'HADAR MISHTABA MICHAYEIV TARTEI- if he were to swear in the case of Shevu'as ha'Pikadon and repeat the same oath, he is liable to bring two Korbenos Asham, one for each oath

19a)[line 39] REISHA BI'SETAM- the first clause quoted from our Mishnah refers to a case where he made a general statement, "I will not eat," including both Kosher and non-Kosher foods

b)[line 39] SEIFA BI'MEFARESH- the second clause quoted from our Mishnah refers to a case where he specified, "I will not eat Neveilos, Tereifos, Shekatzim and Remasim."

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