SHEVUOS 35 (15 Teves) - dedicated by Dr. Moshe and Rivka Snow in memory of Rivka's mother, Rebbetzin Leah bas Rav Yosef (Rabinowitz), the Manostrishtcher Rebbetzin, whose Yahrzeit is 15 Teves.

[35a - 49 lines; 35b - 52 lines]

1)[line 1]רחמנאRACHMANA- the Torah

2)[line 7]תביעת ממון כפקדוןTEVI'AS MAMON K'PIKADON- a monetary demand similar to [one in which one demands the return of his] security [in which the defendant cannot avoid the claim, as opposed to this case in which the defendant can simply say that he changed his mind]

3)[line 8]כשתדעו לי עדותKESHE'TED'U LI EDUS- that when you become aware of testimony on my behalf

4)[line 10]בבית הכנסתBEIS HA'KENESES- the synagogue (lit. the gathering place; i.e., where there is a large group of people)

5)[line 14]עד מפי עדED MI'PI ED- a "witness" whose testimony is based upon hearsay from an actual witness

6)[line 15]קרובKAROV- a relative [who is invalid as a witness in any case involving his relative]

7)[line 15]פסולPASUL (PESULEI EDUS - Those who are Disqualified from Giving Testimony)

(a)One who transgresses a Torah law in order to increase his wealth has the Halachic status of a "Rasha" - a wicked person (see Shemos 23:1) - and he is disqualified as both a judge and a witness.

(b)The Mishnah (Rosh Hashanah 22a and Sanhedrin 24b; see also Gemara ibid.) lists those who fall into this category. They include thieves, gamblers, those who loan money with interest, and those who do business with Shemitah produce.

8)[line 15]שלח ביד עבדוSHALACH B'YAD AVDO- if he [placed them under oath] by using his Nochri slave as his agent

9)[line 16]הנתבעHA'NITVA- the defendant

10)[line 19]"תחטא" "תחטא" לגזירה שוה"TECHETA" "TECHETA" L'GEZEIRAH SHAVAH (GEZEIRAH SHAVAH - A Derivation Equating Two Subjects Utilizing a Common Word or Phrase)

(a)See Background to 34:28a.

(e)The Beraisa cited by our Gemara connects Shevu'as ha'Edus to Shevu'as ha'Pikadon through a Gezeirah Shavah (see next two entries).

11)[line 19]"[ונפש כי] תחטא [ושמעה קול אלה, והוא עד או ראה או ידע; אם לוא יגיד ונשא עונו]""[V'NEFESH KI] SECHETA, [V'SHAM'AH KOL ALAH, V'HU ED O RA'AH O YADA; IM LO YAGID V'NASA AVONO]"- "[And if a man should] sin [when he hears the sound of a curse, and he is a witness who had either seen or heard; then if he does not testify then he bears his guilt]" (Vayikra 5:1). This verse refers to a Shevu'as ha'Edus (see Background to 29:40).

12)[line 19]"[נפש כי] תחטא [ומעלה מעל בה'; וכחש בעמיתו בפקדון...]""[NEFESH KI] SECHETA, [U'MA'ALAH MA'AL BA'SH-M; V'CHICHESH BA'AMISO B'FIKADON...]" (SHEVU'AS HA'PIKADON - An Oath Denying that one is Unlawfully in the Possession of that which Belongs to Another)

(a)If one claims that another is unlawfully harboring his security, has refused to give him his rightful share of joint holdings, has stolen from him, or has refused to pay him wages, the accused may swear (at times he must swear) that the claim is false. This oath is termed a Shevu'as ha'Pikadon. Should the accused later admit that he swore falsely and that the claim was indeed true, then he must pay what he owes plus an additional fifth of the ensuing total (equal to a quarter of the original value). He also must offer a Korban Asham Gezeilos (see Background to Rosh Hashanah 6:8) in order to receive atonement (Vayikra 5:20-26).

(b)In describing a Shevu'as ha'Pikadon, the Torah states, "[If a man] should sin [and rebel against HaSh-m and deny the claim of his fellow Jew regarding a security...]" (Vayikra 5:21).

13)[line 20]ויש לוYESH LO- he has [money that unequivocally belongs to him]

14)[line 22]"ושמעה קול אלה...""V'SHAM'AH KOL ALAH..."- see above, entry #11

15)[line 25]דקאי עילויהוKA'I ILAVAIHU- he is standing next to [the witnesses]

16)[line 26]סיעהSI'AH- a group

17)[line 27]"והוא עד""V'HU ED"- "and he is a witness" [which implies that he was singled out as such] (see above, entry #11)

18)[line 28]והרי לא ייחד עדיו!HAREI LO YICHED EDAV!- [in this case] he has not singled out his witnesses!

19)[line 28]כל העומדין כאןKOL HA'OMDIN KAN- all who are standing here [next to me]. From this latter case it is apparent that in the first case he had been standing next to his witnesses as well. Even so, the Shevu'as ha'Edus took no effect since he did not single them out.

20)[line 32]"... אם לא יגיד ונשא עונו""... IM LO YAGID V'NASA AVONO"- see above, entry #11

21)[line 34]מאי תלמודא?MAI TALMUDA?- what is the basis for this derivation?

22)[line 36]מצוה אני עליכםMETZAVEH ANI ALEICHEM- I place a command upon you [to testify for me]. The Gemara explains each of these phrases.

23)[line 37]בשמים ובארץ!BA'SHAMAYIM U'VA'ARETZ!- by the heavens and the earth [you must come and testify for me]!

24a)[line 37]ב"אלף דלת"B"ALEF DALES"- [if he places an oath upon them] with [the name of HaSh-m that is spelled beginning with] "Alef Dales"; i.e., Adona-i

b)[line 37]ב"יוד הי"B"YUD HEI"- [if he places an oath upon them] with [the name of HaSh-m that is spelled beginning with] "Yud Hei"; i.e., the Tetragrammaton

25)[line 38]ב"חנון", [ב](ו)"רחום", ב"ארך אפים", ב"רב חסד"B"CHANUN," (V')[B]"RACHUM," B"ERECH APAYIM," B"RAV CHESED"- [if he places an oath upon them] with [one of the following names of HaSh-m:] "He who favors," "Merciful One," "Slow to anger," or "Great in kindness." These names are all found in the Thirteen Attributes of Mercy (Shemos 34:6).

26)[line 38]הכנוייןKINUYIN- a term referencing HaSh-m (as opposed to a true name of HaSh-m)

27)[line 39]המקלל בכולן חייבHA'MEKALEL B'CHULAN CHAYAV (MEGADEF - One who Curses HaSh-m)

(a)One is prohibited from cursing HaSh-m (Shemos 22:27). One who does so in front of valid witnesses after having been properly warned is liable to receive Sekilah (stoning) (Vayikra 24:14-15). He is liable to receive this penalty, however, only if he expressed his curse in a format of "Yakeh Yosi Es Yosi." This means that he articulated in his curse that HaSh-m should smite Himself, while expressing two names of HaSh-m (derived from Vayikra 24:17; Mishnah and Gemara, Sanhedrin 56a). For further explanation, see Insights to Sanhedrin 55:1.

(b)Our Mishnah teaches that according to Rebbi Meir, one who curses HaSh-m with a Kinuy will receive Sekilah.

28)[line 39]המקלל אביו ואמוHA'MEKALEL AVIV V'IMO (MEKALEL AVIV V'IMO - One who Curses his Father or Mother)

(a)One is prohibited from cursing his father or mother (Vayikra 20:9). If he does so with the name of HaSh-m, in front of valid witnesses after having been properly warned, then is liable to receive Sekilah (stoning) (Mishnah and Gemara, Sanhedrin 66a).

(b)Our Mishnah teaches that according to Rebbi Meir, one who curses his father or mother with a Kinuy will receive Sekilah.

29)[line 40]המקלל עצמו וחבירוHA'MEKALEL ATZMO V'CHAVEIRO (MEKALEL CHAVEIRO - One who Curses his Fellow Jew)

(a)One is prohibited from cursing his fellow Jew (Shemos 22:27; Vayikra 19:14). If he does so with the name of HaSh-m, in front of valid witnesses after having been properly warned, then is liable to receive Malkus (lashes).

(b)Our Mishnah teaches that one who curses his fellow Jew - or even himself - with the name of HaSh-m, including a Kinuy, has transgressed a prohibition punishable by Malkus.

30)[line 40]"יככה ה' (אלקים)""YAKCHAH HASH-M (ELOKIM)"- [if one curses another by stating,] "HaSh-m will smite you" (many examples of this terminology appear in Devarim 28:22-35). The curser in this case pronounced the name of HaSh-m as it is written.

31)[line 41]"(יככה) [יככם] אלקים""(YAKCHEH) [YAKCHEM] EL-KIM"- [if one curses others by stating,] "G-d should smite them." The curser in this case pronounced the name of El-kim as it is written.

32)[line 41]זו היא אלה הכתובה בתורהZO HI ALAH HA'KESUVAH BA'TORAH- this is [an example of] the curse that is written in the Torah [by which the plaintiff may adjure the witnesses, since the Torah itself classifies such terminology as an "Alah" (e.g., Devarim 29:20)]

33)[line 41]"אל יכך", ו"יברכך", ו"ייטיב לך""AL YAKCHEH," V"YEVARECHECHA," V"YEITIV LECHA"- "[HaSh-m] should not smite you [if you testify for me]," or "[HaSh-m] should bless you [if you testify for me]," or "[HaSh-m] should benefit you [if you testify for me]"

34)[line 42]בשבועה האמורה בתורהBI'SHEVU'AH HA'AMURAH BA'TORAH- with the oath that is mentioned in the Torah. In all of these cases, it is necessary for the claimant to mention the name of HaSh-m in his summons.

35)[line 44]כובלכם אניKOVALCHEM ANI- I bind you in iron chains

36)[line 47]שנמחקיןNIMCHAKIN- may be erased. The Torah states, "... and you shall eradicate the remembrance (lit. name) of [idols]... Do not do such to HaSh-m your G-d" (Devarim 12:3-4). From these verses, it is derived that one is forbidden from erasing a name that is uniquely that of HaSh-m.

37)[line 48]צבקותTZEVAKOS- Master of Legions

38)[line 48]הנוראHA'NORA- Awesome One

39a)[last line]האדירHA'ADIR- Powerful One

b)[last line]האמיץHA'AMITZ- Fearless One

c)[last line]העזוזHA'IZUZ- Mighty One

40)[last line]במי שהוא חנון, במי שהוא רחום קאמרB'MI SHE'HU CHANUN, B'MI SHE'HU RACHUM KA'AMAR- refers to [one who placed another under oath to testify by] He who favors and He who is merciful [etc.]

35b----------------------------------------35b

41)[line 3]הכי השתא?HACHI HASHTA?- now [is it] so [that this is a valid comparison]?

42)[line 12]צבאותיTZIV'OSAI- My multitudes

43)[line 13]כל הטפל לשםKOL HA'TAFEL LA'SH-M- any [letters] that [are written with but] are secondary to the name [of HaSh-m]; i.e., they are not part of the root, which is a name that is uniquely that of HaSh-m

44)[line 17](אברהם דלטיא לנבות בגבעת בנימן שלמה דניאל סימן)(AVRAHAM D'LATYA L'NAVOS B'GIV'AS BINYAMIN SHLOMO DANIEL SIMAN) - This is a mnemonic device for remembering the six discussions that follow. All of these discussions concern the status of words that appear to be the name of HaSh-m in various chapters of Tanach. The Gemara often changes the form of the words of a Siman so that the phrase has some meaning. Here, the first four terms read as "Avraham who cursed Navos in Giv'as Binyamin." The Siman refers to the following topics:

1."AVRAHAM" - "Kol Shemos ha'Amurim b'Avraham" (line 19)

2."LATYA" - "Kol Shemos ha'Amurim b'Lot (line 23)

3."NAVOS" - "Kol Shemos ha'Amurim b'Navos" (line 25)

4."GIV'AS BINYAMIN" - "Kol Shemos ha'Amurim b'Giv'as Binyamin" (line 28)

5."SHLOMO" - "Kol 'Shlomo' ha'Amurim b'Shir ha'Shirim" (line 32)

6."DANIEL" - "Kol Malchaya ha'Amurim b'Daniel" (line 39)

45)[line 19]באברהםB'AVRAHAM- in [the Torah when it recounts what relates to] Avraham Avinu

46)[line 19]קדשKODESH- are holy [and therefore must be written with intent that they be names of HaSh-m (l'Shem Kedushas HaSh-m) in order for the Sefer Torah to be valid, and may not be erased]

47)[line 19]"ויאמר, 'אדני, אם נא מצאתי חן בעיניך, [אל נא תעבר מעל עבדך]'""VA'YOMAR, 'ADONAI, IM NA MATZASI CHEN B'EINECHA; [AL NA SA'AVOR ME'AL AVDECHA']"- "And he said, 'My master, please may I find favor in your eyes, [do not pass from before your servant]'" (Bereishis 18:3). This verse relates what Avraham said to the middle of the three angels, disguised as Arab travelers, when they came into view.

48)[line 20]רבי אלעזר המודעיREBBI ELAZAR HA'MODA'I- uncle of Bar Kochva (see Background to Gitin 55:73)

49)[line 21]אף זה קדשAF ZEH KODESH- this too is holy [as Avraham was addressing HaSh-m, who had come to visit him as he recuperated from his circumcision, asking Him to wait until he returned from greeting his visitors]

50)[line 22]כאותו הזוגOSO HA'ZUG- that pair [of Chanina nephew of Rebbi Yehoshua and Rebbi Elazar ben Azaryah in the name of Rebbi Elazar ha'Moda'i]

51)[line 23]"ויאמר לוט אלהם, 'אל נא, אדנ-י. הנה נא מצא עבדך חן בעיניך, [ותגדל חסדך אשר עשית עמדי להחיות את נפשי; [ואנכי לא אוכל להמלט ההרה פן תדבקני הרעה ומתי]""VA'YOMER LOT ALEIHEM, 'AL NA ADONA-I. HINEI NA MATZA AVDECHA CHEN B'EINECHA...'"- "And Lot said to them, 'Please, my Master, do not [tell me to flee to the hills]. Now, your servant has thankfully found favor in your eyes, [and the kindness that you have done with me - to save my life - has been great, but I am unable to flee to the hills lest the evil catch up to me and I will die]" (Bereishis 19:18-19). This was the response of Lot when the angels notified him that they had come to destroy Sedom and that he was therefore to run and hide in the hills. Our Gemara tells us that the name in Name in verse 18 is Kodesh; Lot is addressing HaSh-m directly.

52)[line 25]בנבותNAVOS (ACHAV: DOWNFALL OF THE WICKED KING ACHAV)

(a)Achav, wicked king of the ten tribes of Yisrael, greatly desired the vineyard of his relative Navos ha'Yizre'eli. His wicked queen Izevel devised a sinister plot in which false witnesses were hired to testify that Navos had blasphemed HaSh-m, thereby having him put to death. Navos was executed and Achav inherited his vineyard. HaSh-m held Achav responsible for the murder, and He notified Achav through Eliyahu ha'Navi that "where the dogs licked the blood of Navos shall the dogs lick your blood" (Melachim I 21:19). The time had arrived for Divine retribution to be meted out upon Achav for this and his many other sins (ibid. Chapter 21).

(b)Achav's advisors advocated going to war with Aram. The king's false prophets, including Tzidkiyah ben Kena'anah, predicted Achav's victory. Concurrently, the true prophet Michaihu beheld a vision in which the spirit of Navos offered to entice Achav into the battle that would lead to his doom. It was this spirit who was responsible for the false prophecies of victory.

(c)Achav took the advice of his false prophets and went to war against Aram, where he alone was slain in battle. Although he was later buried, much of his blood was indeed lapped by dogs in the very place where Navos had been executed.

(d)The false witnesses testified that Navos had "cursed (lit. blessed) El-kim" (Melachim I 21:13). Our Gemara explains that this false report claimed that Navos had cursed a true name of HaSh-m, and not that of an idol.

53)[line 25]במיכהMICHAH (PESEL MICHAH - The Idol of Michah)

(a)Michah was a Jew who left Mitzrayim and arrived in Eretz Yisrael. Chazal teach that he carried a Pesel (idol) that he had had in Mitzrayim with him through the split Yam Suf. Alternatively, he took the golden plate upon which the name of HaSh-m was inscribed that Moshe had used to raise the coffin of Yosef from the Nile River. It was this plate that Michah later used to animate the Golden Calf (Sanhedrin 103b).

(b)In Shoftim (17) it appears that Pesel Michah was smelted and formed in Eretz Yisrael from coins that Michah had first stolen from, and then returned to, his mother. The VILNA GAON suggests that according to the opinion in Sanhedrin that Michah carried an idol with him through the Yam Suf, it was not an actual idol but rather a spiritual defect that would later cause him to construct an idol.

(c)Michah erected his idol in Eretz Yisrael in Har Efrayim, not far from where the Mishkan was located in Shiloh. At first, Michah's son served as the priest for his idol. Michah subsequently recruited another priest named Yehonasan, who was none other than the grandson of Moshe Rabeinu. He took the job only because he desired wealth; he did not actually believe in or serve the idol itself.

(c)When the city of Layish was conquered by the tribe of Dan, they commandeered the idol, along with the services of Yehonasan and his sons as priests. The situation remained thus until Sancheriv (see Background to Gitin 57:114) sent the Ten Tribes into Exile (Shoftim 17-18).

(d)Our Gemara teaches that when the verses in these chapters mention what appears to be the name of HaSh-m - e.g., "Beis Elohim" in reference to where the idol was housed (Shoftim 17:5; see also 18:24) - these names refer not to HaSh-m but rather to the idol, and they are therefore not holy.

54)[line 27]יוד הי קדשYUD HEI KODESH- the name of HaSh-m in the episode of Michah, when spelled beginning with "Yud Hei" is holy. This refers to two verses. One states, "And he returned the 1,100 silver coins to his mother, and his mother said, 'I had sanctified this money to HaSh-m from my hand to my son to fashion a graven image from it, and I shall return now it to you'" (Shoftim 17:3). Although the Tana Kama apparently understood that the consecration in question was to the idol, in which case the word "Adonai" would not be holy, Rebbi Eliezer explains that she had declared it to be off limits as if it had been consecrated to HaSh-m until her son would receive it. The other verse concerns those who came to Pesel Michah to ask if they would have a successful journey. "And the priest said to them, 'Go in peace. [Whether or not] your journey upon which you embark [will be a success] is revealed to HaSh-m'" (Shoftim 18:6). Although the Tana Kama apparently understood that the priest referred to the idol, in which case the word "Adonai" would not be holy, Rebbi Eliezer explains that the priest told them that the idol was powerless and that only HaSh-m knew the answer to their question.

55)[line 27]"[וישימו להם את פסל מיכה אשר עשה] כל ימי היות בית האלקים בשלה""...KOL YEMEI HEYOS BEIS HA'EL-KIM B'SHILOH"- "[And they placed for themselves Pesel Michah which he had made] for all of the days that the house of G-d was in Shiloh" (Shoftim 18:31). The "house of G-d in Shiloh" refers to the Mishkan.

56)[line 28]בגבעת בנימיןGIV'AS BINYAMIN (PILEGESH B'GIV'AH)

(a)A certain Levi was passing through Giv'ah, a city in the portion of Binyamin, along with his concubine. At first, they were refused lodging. When one man did finally grant them a place to stay, residents of the city demanded that he hand over his guest for sinful purposes. Their host refused. In order to both appease the mob and spare the daughter of their host, the Levi felt forced to surrender his concubine. She was abused the entire night, and by morning she was dead. Incensed, the Levi dissected her dead body and sent her limbs to the other Shevatim in protest.

(b)The rest of Klal Yisrael became so incensed that civil war with Shevet Binyamin ensued. Confident in their moral superiority, Klal Yisrael went to punish the evildoers. The verse (Shoftim 20:23) states that the Shevatim asked HaSh-m if they should wage war against Binyamin, and the response was in the affirmative. After following these instructions, however, Klal Yisrael incurred huge losses in the first two battles of the war. This was due to their own sins, chief among them their failure to act for the honor of HaSh-m and uproot Pesel Michah (see above, entry #53). After Klal Yisrael repented, HaSh-m led them to vanquish Binyamin to the extent that only six hundred men remained from the entire tribe (Shoftim 19-21).

57)[line 29]וכי מבטיח ואינו עושה?V'CHI MAVTI'ACH V'EINO OSEH?- does [HaSh-m] promise and not act [upon his promise? They must have asked an idol before going to war!]

58)[line 30]הם לא ביחנו אם לנצוח אם לנצחHEM LO BICHANU IM LI'NTZO'ACH IM L'NATZE'ACH- they did not clarify if [they were instructed] to be vanquished or to be victorious

59)[line 31]"ופינחס בן אלעזר בן אהרן עמד לפניו בימים ההם, לאמר, 'האוסף עוד לצאת למלחמה עם בני בנימן אחי, אם אחדל?' ויאמר ה', 'עלו! כי מחר אתננו בידך""U'FINCHAS BEN ELAZAR BEN AHARON OMED LEFANAV BA'YAMIM HA'HEM..."- "And Pinchas son of Elazar son of Aharon stood before [the Holy Ark] in those days, saying, 'Shall I continue to wage war with my brother Binyamin, or should I desist?' And HaSh-m replied, 'Ascend! For tomorrow I will deliver them into your hand'" (Shoftim 20:28). This verse relates how Pinchas asked the question of the Shevatim to the Urim v'Tumim (see Background to Bava Basra 106:9:b).

60)[line 33]שה"ש (שיר השירים)SHIR HA'SHIRIM- Shir Ha'Shirim

61)[line 33]"כרמי שלי לפני; האלף לך, שלמה, ומאתים לנטרים את פריו""KARMI SHELI LEFANAI; HA'ELEF LECHA, SHLOMO, U'MASAYIM L'NOTRIM ES PIRYO."- "My vineyard is mine and it is before me; the thousand are to you, Shlomo, and two hundred to those who guard its fruit" (Shir ha'Shirim 8:12).

62a)[line 34]שלמה לדידיהSHLOMO L'DIDEI- [one thousand out of every 1,200 Talmidei Chachamim] Shlomo ha'Melech [was allowed to work] for his own [needs (known as Angarya)]

b)[line 34]רבנןRABANAN- [refers to] the Rabanan [who must be left to learn without distractions]

63)[line 35]"הנה, מטתו שלשלמה, [ששים גברים סביב לה, מגברי ישראל]""HINEI, MITASO SHELI'SHLOMO..."- " Behold, it is the bed of Shlomo; [surrounded by sixty warriors, of the warriors of Yisrael. All of them wielding a sword, well versed in warfare; each man his sword on his thigh, due to fear of the night]" (Shir ha'Shirim 3:7-8). This verse refers to the Sanhedrin (Sanhedrin 7b; see Insights ibid. #3); therefore, "Shlomo" refers to HaSh-m. According to the Yesh Omrim, it refers to Shlomo ha'Melech, who was greatly afraid of Ashmadai, king of the Shedim (demons; see Gitin 68b).

64)[line 35]ולא מיבעי האיך?V'LO MIBA'I HA'ICH?- and it goes without saying [that] the other [is not a holy name of HaSh-m]?

65)[line 36]מלכותא דקטלא חד משיתא בעלמא, לא מיענשאMALCHUSA D'KATLA CHAD MI'SHISA B'ALMA LO MI'ANSHA- a monarchy that kills merely one sixth of its constituents [through working them on behalf of the realm] is not punished

66a)[line 37]מלכותא דרקיעאMALCHUSA D'REKI'A- the heavenly kingdom

b)[line 38]מלכותא דארעאMALCHUSA D'AR'A- the earthly kingdom

67)[line 39]מלכיאMALCHAYA- references to kings

68)[line 40]"אנתה (אנת) מלכא, מלך מלכיא, די אלה שמיא מלכותא חסנא ותקפא ויקרא יהב לך""ANT MALKA, MELECH MALCHAYA, DI ELA SHEMAYA MALCHUSA CHISNA V'SOKPA V'YEKARA YEHAV LACH"- "You are king, king of kings, to whom the G-d of Heaven has given a fortified, powerful, and valuable kingdom" (Daniel 2:37). In this verse, Daniel addresses Nevuchadnetzar, King of Bavel. Our Gemara explains that while this appears to be the understanding of this verse, it cannot be so, as Daniel would not have referred to Nevuchadnetzar as "king of kings." Rather, the verse should read, "You are king, to whom the King of kings, G-d of Heaven..."

69)[line 41]"[אדין דניאל, די שמה בלטשאצר, אשתומם כשעה חדה, ורעינהי יבהלנה. ענה מלכא ואמר, 'בלטשאצר, חלמא ופשרא אל יבהלך'. ענה בלטשאצר ואמר,] מראי! חלמא לשנאיך (לשנאך), ופשרה לעריך (לערך)""...MARI! CHELMA L'SAN'ACH U'FISHREI L'ARACH" (CHELMAS NEVUCHADNETZAR - Daniel Interprets Nevuchadnetzar's Dream)

(a)Nevuchadnetzar, king of Bavel, dreamt a dream that none of his wise men were able to interpret. Since Daniel had once before correctly interpreted a dream of his that had stumped everyone else, Nevuchadnetzar called for him. Nevuchadnetzar understood that Daniel's wisdom was due to his relationship with HaSh-m.

(b)When Daniel heard the dream, he immediately understood its negative connotations. He did not wish to anger the king. "[Then Daniel, who was also known as Beltshatzar, was confounded for a moment, and his thoughts became confused. But the king addressed him and said, 'Beltshatzar, do not let the dream and its interpretation confuse you.' Beltshatzar answered and said,] 'My master! May the dream affect your enemies, and its interpretation your adversaries!'" (Daniel 4:16). Nevuchadnetzar reassured Daniel that he had already picked up on the fact that the dream did not portend good tidings, and that he need not fear to proceed.

(c)Daniel informed the king that he would be transformed into an animal, and that for seven years he would live among the wild beasts.

(d)The question dealt with in our Gemara is whom Daniel was addressing when he spoke the words at the end of this verse.

70)[line 43]מילט קא לייט להו לישראל?MEILAT KA LAYIT LEHU L'YISRAEL?- would he curse Klal Yisrael?

71)[line 43]שונאי ישראל איכא, שונאי עובדי כוכבים ליכא?SONEI YISRAEL IKA, SONEI OVDEI KOCHAVIM LEIKA?- did he have [only] Jewish enemies, and not Nochri enemies?

72)[line 44]"[והשביע הכהן את האשה בשבעת האלה, ואמר הכהן לאשה,] 'יתן ה' אותך לאלה ולשבעה [בתוך עמך...]'""[V'HISHBI'A HA'KOHEN ES HA'ISHAH BI'SHEVU'AS HA'ALAH, V'AMAR HA'KOHEN LA'ISHAH,] 'YITEN HASH-M OSACH L'ALAH VELI'SHEVU'AH [B'SOCH AMECH...]'" (SOTAH - An Adulteress)

(a)A Sotah is a woman suspected of committing adultery because she was witnessed secluding herself (Setirah) with a certain man after being warned by her husband (Kinuy) against just such an action in front of witnesses. Until she is proven innocent of adultery (see below), she is forbidden to both her husband and the suspected adulterer, even should her husband die or divorce her at that point.

(b)The husband of such a woman brings his wife to the Beis ha'Mikdash, along with a sacrifice consisting of 1/10 of an Eifah (approx. 2 quarts) of barley meal as a Minchah offering. Following this, the seventy-one member Sanhedrin (Supreme Court) that sit in the Beis ha'Mikdash frighten her with the description of the fate of a guilty Sotah (see (c) below). A Kohen reads Parshas Sotah - the portion of the Torah which describes the horrific fate that befalls a Sotah her if she is guilty - in front of her, in any language that she understands. The Sotah is made to swear that she has been faithful to her husband. "[And The Kohen places an oath of a curse upon the woman, and the Kohen says to the woman,] 'HaSh-m will place you as a curse and an oath [among your nation...]'" (Bamidbar 5:21). This means that those who wish to curse others will do so by wishing upon them what happened to her, and that those who wish to swear will do so by exclaiming, "May what happened to so-and-so happen to me if...!" She is then humiliated in various ways, such as through having her clothing ripped and then held together with a rope of woven branches. The purpose of these actions is to persuade her to admit her guilt, if she is indeed guilty, and thereby avoid erasing the name of HaSh-m (see below).

(c)If the Sotah maintains her innocence, then an earthenware jug is filled with half a Log (approximately .17 or .3 liters, depending upon the differing Halachic opinions) of water from the Kiyor (the large basin of water in the Azarah), and dirt from the floor of the Azarah (large courtyard of the Beis ha'Mikdash) is placed into the water. Parshas Sotah (which contains numerous appearances of HaSh-m's name) is written on parchment and then immersed in the water, causing the ink to dissolve and the holy names to be erased. The Sotah then drinks from the water. If she had been unfaithful to her husband, the water enters her body and causes her belly to swell and her thighs to rupture. If, however, she had been faithful to her husband, she not only remains unharmed, but is blessed with children (Bamidbar 5:11-31).

73)[line 46]בשבועת האלהSHEVU'AS HA'ALAH- see previous entry, (b)

74)[line 46]"... ושמעה קול אלה...""... V'SHAM'AH KOL ALAH..."- see above, entry #11

75)[line 46]נאמר כאן... ונאמר להלןNE'EMAR KAN... NE'EMAR L'HALAN- this is a Gezeirah Shavah (see above, entry #10)

76a)[line 48]השבעHISHAVA (ARBA'AH SHOMRIM - The Four Custodians)

(a)There are "Arba'ah Shomrim" ("Four Custodians") - four classes of those who guard the item of another. Their level of responsibility for the object they guard varies according to what, if anything, they receive from the agreement.

(b)There are four classifications of damages that can occur to an item. These are:

1.PESHI'AH - damage incurred through negligence

2.GENEIVAH O AVEIDAH - theft or loss

3.ONES - damage incurred through an unavoidable accident

4.MESAH MACHMAS MELACHAH - death as a result of normal, expected use

(c)The four Shomrim and the degree of responsibility for which they are held accountable are:

1.SHOMER CHINAM - one who guards an item and receives no compensation. He is liable to pay for damages only in the case of Peshi'ah. He is exempt in the case of Geneivah or Aveidah, and certainly in that of Ones. A Shomer Chinam has no permission to use the item that he is guarding; if he does so, he is responsible even for Onsim.

2.SHO'EL - one who borrows an item with intent to utilize it. He is liable to pay for damages in cases of Peshi'ah, Geneivah or Aveidah, and Ones. He is exempt only in a case of Mesah Machmas Melachah, or if the damage was incurred while the owner of the item was working for the borrower ("Be'alav Imo").

3.NOSEI SACHAR or SHOMER SACHAR - one who receives compensation for guarding an item. He is liable to pay for damages in cases of Peshi'ah and Geneivah or Aveidah, but not in a case of Ones. A Shomer Sachar has no permission to use the item that he is guarding; if he does so, he is responsible even for Onsim.

4.SOCHER - one who rents an item. Rebbi Meir rules that his level of responsibility is identical to that of a Shomer Chinam. Rebbi Yehudah maintains that his level is equal to that of a Shomer Sachar.

(d)When a Shomer claims that he is exempt from paying damages since they occurred in a manner for which he is not accountable, he is not exempt until he supports his claim with an oath. A Shomer Chinam, for example, may swear that he was not negligent; a Shomer Sachar may swear that the item was Ne'enas; and a Sho'el may swear that he was not negligent in guarding the item. In addition, a Shomer Chinam and a Shomer Sachar must swear that they had not used or taken the item that they were meant to guard (Shemos 22:6-14; Bava Metzia 93a). Mid'Rabanan, these Shomrim must also swear that the item in not currently in their possession (34b).

(e)Rebbi Chanina bar Idi makes note of that which the Torah commands one to swear. This is in the case of a Shomer Sachar who wishes to maintain his lack of culpability, in which case the verse states, "An oath made in the name of HaSh-m shall be between them..." (Shemos 22:10).

b)[line 48]אל תשבעAL TISHAVA- "Do not swear [in My name in vain]" (Vayikra 19:12)

77a)[line 48]קללKALEL- curse [a Sotah (see above, entry #73:b)]

b)[line 48]אל תקללAL TEKALEL- do not curse [HaSh-m (see above, entry #27), your parents (see above, entry #28), or your fellow Jew (see above, entry #29)]

78)[line 49]גמיריGEMIRI- they learn through a tradition

79)[line 49]ניבעי שם המיוחדNIBA'I SHEM HA'MEYUCHAD- the four-letter name of HaSh-m (the Tetragrammaton) should be required [as part of Shevu'as ha'Edus]

80)[line 50]אלה דשבועה היא מנא להו?ALAH D'SHEVU'AH HI, MENA LEHU?- how do they know that "Alah" refers to an oath?

81)[line 51]התם "שבועת האלה" כתיב!HASAM "SHEVU'AS HA'ALAH" KESIV!- there the verse states "an oath of a curse"! [How does this prove that an oath without a curse is also referred to with the word 'Alah"?]

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