SHEVUOS 38 (18 Teves) - 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.

[38a - 48 lines; 38b - 49 lines]

1)[line 10]כללו של רבי מאיר פרטו של רבי יהודהKELALO SHEL REBBI MEIR PERATO SHEL REBBI YEHUDAH- Rebbi Meir's all-inclusive oath is the same as Rebbi Yehudah's separate oath. According to Rebbi Yehudah, when one says, "I do not owe money to you and you and you," this constitutes multiple oaths. According to Rebbi Meir, such a Shevu'ah is a single, all-inclusive oath.

2)[line 15]שבועה שאין לכם בידיSHEVU'AH SHE'EIN LACHEM B'YADI- "[I hereby make] an oath that there is nothing of yours in my possession"

3)[line 18]פרטא הויPERATA HAVI- each denial is considered a separate oath

4)[line 22]בולא לך מודינא לך בלא לך פליגנא עלךBIV'LO LECHA MODINA LECHA B'LO LECHA PALIGNA ALACH- [in a case where one says,] "And not to you," I agree with you, but where he says, "Not to you," I disagree with you [since the denial constitutes a single, all-inclusive oath]

5)[line 23]עד דאודי ליה אודוייAD D'ODI LEI ODUYEI- until you surely agree to him (Rebbi Meir) [in the one case]

6a)[line 33]פקדוןPIKADON- an object or sum of money deposited with someone to guard

b)[line 33]ותשומת ידU'SESUMES YAD- and a loan

c)[line 33]וגזלV'GEZEL- and stolen goods

d)[line 33]ואבידהV'AVEIDAH- and an object that I lost

7)[line 34]וכוסמיןV'CHUSMIN- and spelt

8)[line 35]שבישSHABISH- in error, mistaken

9)[line 41]פרוטה מכולם מצטרפתPERUTAH MI'CHULAM MITZTAREFES- a Perutah's worth of all of them (barley and wheat) combine [to make one liable for making a false Shevu'ah]

10)[line 42]אפרטי מיחייב אכללי לא מיחייבA'PERATEI MICHAYEV A'KELALI LO MICHAYEV- for individual oaths he is liable, for general oaths he is not liable; the clause of the Mishnah that teaches individual oaths ("you do not have wheat and barley and spelt") does not include a collective oath

11)[line 43]חמש עשרה חטאותCHAMESH ESREH CHATA'OS- [if one swore to deny owing "wheat, barley, and spelt, not to you and not to you and not to you and not to you and not to you,"] he is liable for 15 Korbenos Chatas (for three individual oaths to each of five people)

12)[line 46]תובעיןTOV'IN- they were claiming


13)[line 3]מנינא אתא לאשמועינןMINYANA ASA L'ASHMO'INAN?- [Why does Rebbi Chiya state that the total number of Chata'os is 20?] Is he coming to teach us how to count?

14)[line 7]קנסKENAS

The laws of Kenasos (fines) are one category of Dinei Mamonos, laws of monetary matters. Kenasos, which were only imposed by judges of Eretz Yisrael who were Semuchin (ordained), are either a fixed sum of money or an amount more than or less than the damage caused. It is not normal compensation, which is termed "Mamon." See Background to 33:11.

15)[line 11]אקושטא משתבעA'KUSHTA MISHTAVA- on something true he is swearing

16)[line 16]בושת ופגםBOSHES U'FEGAM

See Background to 33:10.

17)[line 18]לא שביק איניש מידי דקיץ ותבע מידי דלא קיץLO SHAVIK INISH MIDI D'KAYITZ V'TAVA MIDI D'LO KAYITZ- one does not abandon a claim of something that has a fixed amount and claim instead something that does not have a fixed amount

18)[line 20]שבועת הדייניםSHEVU'AS HA'DAYANIM - an oath imposed by the court according to Torah law if a person admits to part of a claim (MODEH B'MIKTZAS)

If a person admits that he owes part of a claim, we suspect that the claim is true and the debtor wants to temporarily postpone part of the payment but does not have the audacity to completely deny the claim. He is therefore required to take an oath, mid'Oraisa, that he does not owe the part he denies (Shemos 22:8). If he refuses to take the oath, he must pay the entire amount being claimed.

19)[line 21]ואם אין ההודאה ממין הטענהV'IM EIN HA'HODA'AH MI'MIN HA'TA'ANAH- and if the admission is not of the same species that was claimed, then the defendant is exempt from a Shevu'ah


(a)The relationship between the various coins mentioned in the Talmud is as follows:

1.1 Maneh = 25 Sela'im = 100 Dinerin

2.1 Dinar Zahav (gold Dinar) = 25 Dinerin

3.1 Sela = 2 Shekel

4.1 Shekel = 2 Dinerin

5.1 Dinar = 6 Me'ah

6.1 Rova Shekel (or Sela Medinah) = 3 Me'ah

7.1 Me'ah = 2 Pundeyon

8.1 Pundeyon = 2 Isar

9.1 Isar = 8 Perutah (or sometimes 6 Perutah - see Kidushin 12a)

(b)Another name for a Dinar is a Zuz. All of the coins listed above (including the standard Dinar) are silver, except for the Dinar Zahav, which is gold, and the Perutos, which are copper.

21)[line 26]כמשיב אבידהK'MESHIV AVEIDAH- he is like one who returns a lost object. When the heir of a borrower admits that his father owed 50 (when the lender claims 100), he is exempt from a Shevu'ah, like one who returns a lost object.

22)[line 26]הןHEN- yes

23)[line 28]ליטרא זהבLITRA ZAHAV- the Roman Libra, a pound of gold

24)[line 30]קטניתKITNIS- legumes


(a)Equivalents of volumes used in the Gemara:

1.1 Kor = 2 Lesachin

2.1 Lesech = 5 Eifos

3.1 Eifah = 3 Se'in

4.1 Se'ah = 6 Kabin

5.1 Kav = 4 Lugin

6.1 Log = 6 Beitzim

(b)1 Beitzah = approximately 0.05, 0.0576 or .1 liters, depending upon the differing Halachic opinions. Therefore:

1.1 Se'ah = 7.2, 8.29 or 14.4 liters

2.1 Kor = 216, 248.7, or 432 liters

26)[line 33]בכדי שמןB'KADEI SHEMEN- with barrels of oil

27)[line 37]שהנכסים שאין להם אחריות זוקקין את הנכסים שיש להן אחריותSHEHA'NECHASIM SHE'EIN LAHEM ACHRAYUS ZOKEKIN ES HA'NECHASIM SHE'YESH LAHEN ACHRAYUS- Nechasim she'Ein Lahem Achrayus (mobile property such as money, which normally does not bear responsibility for its owner's dealings and loans, because there is no assurance that it will remain in its current form) can force one to make an oath on Nechasim she'Yesh Lahem Achrayus (immobile property such as land). Normally, an oath is not made on land even when it would otherwise be required (such as in the case of a partial admission to a claim), as derived from verses (see Shevuos 42b). When, however, one must make a Shevu'ah on mobile property (such as when the claim was for both mobile property and land), the obligation to make a Shevu'ah spreads to the land as well.

28)[line 41]שם המיוחדSHEM HA'MEYUCHAD- the Tetragrammaton, the four-letter Name of HaSh-m

29)[line 42]בכינויB'KINUY- with any other Name of HaSh-m, other than the Name, "HaSh-m"

30)[line 44]כמי שטעה בדבר משנה, וחוזרK'MI SHE'TA'AH B'DAVAR MISHNAH V'CHOZER- he is like one who mistakenly ruled against an explicit Halachah, and the ruling is retracted. (If a judge administered a Torah oath with the Name, "ba'Sh-m E-lokei ha'Shamayim," and did not make the defendant hold a holy object, he made a mistake against an explicit Mishnah, and therefore the oath is invalid and must be taken again.)

31)[line 46]לא נקיט חפצא בידיהLO NAKIT CHEFTZA B'YADEI- [when he made the Shevu'ah,] he did not hold a holy object (e.g. Sefer Torah, Tefilin) in his hand