Mishnah 1
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1)

(a)The Mishnah now discusses the two cases of Shevu'os ('she'Ochal' and 'she'Lo Ochal' [the Avos]) that are four (plus the two Toldos). From which Pasuk do we learn the Avos that are written?

(b)How do we know that the Pasuk is referring to the future and not the past?

(c)What are then the two Toldos that are in the past?

(d)On what grounds did the Chachamim query Rebbi Akiva, who says that if, after swearing not to eat, one eats a Kol Sh'hu one is Chayav?

(e)What did he reply?

1)

(a)The Mishnah now discusses the two cases of Shevu'os ('she'Ochal' and 'she'Lo Ochal' [the Avos]) that are four (plus the two Toldos). We learn the Avos from the Pasuk in Vayikra "Lehara O Leheitiv" ...

(b)... which automatically imply the future.

(c)The two Toldos are - 'she'Achalti' and 'she'Lo Achalti' (See Tos. Yom-Tov).

(d)The Chachamim queried Rebbi Akiva, who says that if, after swearing not to eat, one eats a Kol Sh'hu one is Chayav - 'Since when is one Chayav for eating a Kol Sh'hu?' (See Tos. Yom-Tov)?

(e)To which he replied - 'Since when is one Chayav a Korban for transgressing one's own speech (See Tos. Yom-Tov)?' And since one is, he is Chayav even on a Kol Sh'hu, seeing as the Noder clearly intended to forbid even a Kol Sh'hu on himself.

2)

(a)What distinction does the Mishnah draw between someone who declares 'Shevu'ah she'Lo Ochal' and someone who swears 'Shevu'ah she'Lo Ochal ve'she'Lo Eshteh'?

(b)Seeing as drinking is included in eating (See Tos. Yom-Tov), why, in the first case, is he not Chayav two Korbanos?

(c)Why might we have thought that, in the second case, he ought to be Chayav only one?

(d)Then why is he Chayav two?

2)

(a)The Mishnah rules that someone who declares 'Shevu'ah she'Lo Ochal' and subsequently eats and drinks - is Chayav to bring one Korban, whereas if he swears 'Shevu'ah she'Lo Ochal ve'she'Lo Eshteh' - will be Chayav two.

(b)He is not Chayav two Korbanos in the first case, because, even though drinking is included in eating (See Tos. Yom-Tov) - it is no different to where he ate twice in one He'elam.

(c)We might have thought that, in the second case, he ought to be Chayav only one - since he is anyway forbidden to drink on account of the words 'she'Lo Ochal' (as we just explained), and we have a principle 'Ein Shevu'ah Chal al Shevu'ah'.

(d)And the reason that he is Chayav two is - because when he added 've'she'Lo Eshteh', he revealed that when he declared 'she'Lo Ochal', he did not include drinking in the prohibition.

Mishnah 2
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3)

(a)How many Korbanos will someone need to bring if he eats wheat-bread, barley-bread and spelt-bread after having declared 'Shevu'ah she'Lo ...

1. ... Ochal'?

2. ... Ochal Pas Chitin, Pas Se'orin u'Pas Kusmin'?

(b)What is the reason for the latter ruling?

(c)What ought he to have said had he merely meant to preclude bread made of other species?

3)

(a)Someone who eats wheat-bread, barley-bread and spelt-bread after having declared 'Shevu'ah she'Lo ...

1. ... Ochal' - will need to bring only one Korban.

2. ... Ochal pas Chitin, Pas Se'orin u'Pas Kusmin' - will need to bring three ...

(b)... because, since he mentioned 'Pas' three times, he obviously meant to make three Shevu'os ...

(c)... because had he merely meant to preclude bread made of other species, he ought to have said 'Pas shel Chitin, ve'Chein shel Se'orin ve'Chein shel Kusmin'.

Mishnah 3
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4)

(a)And how many Korbanos will someone be Chayav if he drinks ...

1. ... a variety of beverages after having declared 'Shevu'ah she'Lo Eshteh'?

2. ... wine, oil and honey after having declared 'Shevu'ah she'Lo Eshteh Yayin, Shemen u'Devash'?

(b)The Gemara establishes the latter case where the Noder's friend was urging him to come and drink by him wine, oil and honey. Why is he therefore Chayav three Korbanos?

4)

(a)Similarly, someone who drinks ...

1. ... a variety of beverages after having declared 'Shevu'ah she'Lo Eshteh' will be Chayav - one Korban.

2. ... wine, oil and honey after having declared 'Shevu'ah she'Lo Eshteh Yayin, Shemen u'Devash' will be Chayav - three Korbanos.

(b)The Gemara establishes the latter case where the Noder's friend was urging him to come and drink by him wine, oil and honey, in which case, similar to the equivalent case in the previous Mishnah - he could simply have declared 'Shevu'ah she'Lo Ochal Im'cha'!

Mishnah 4
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5)

(a)What does the Tana Kama say about somebody who, after swearing that he will not eat, eats ...

1. ... (or drinks) something that is not fit to eat (or drink)?

2. ... Neveilos, T'reifos, Shekatzim and Remasim?

(b)On what grounds does Rebbi Shimon argue with the latter ruling? Why does he say that he is Patur?

(c)The Tana Kama agrees with this on principle. What is therefore the case that enables him to say Chayav?

(d)What is an example of this?

5)

(a)The Tana Kama rules that somebody who after swearing that he will not eat, eats ...

1. ... (or drinks) something that is not fit to eat (or drink) - is Patur.

2. ... Neveilos, T'reifos, Shekatzim and Remasim - is Chayav (See Tos. Yom-Tov).

(b)Rebbi Shimon argues with the latter ruling, based on the fact - that he is already forbidden from Sinai to eat them.

(c)The Tana Kama agrees with this on principle. Only they are arguing over a case - where his Shevu'ah incorporated food that one is otherwise permitted to eat ...

(d)... for example, where he declared that he will not eat Shechutos and T'reifos.

6)

(a)The Machlokes is whether one Isur takes effect on another Isur ('Isur Chal al Isur' by an Isur Kolel [the Tana Kama]) or not (Rebbi Shimon). What is an Isur Kollel?

(b)) Why does the current case fall under that category?

(c)Like whom is the Halachah?

6)

(a)The Machlokes is whether one Isur takes effect on another Isur ('Isur Chal al Isur' [the Tana Kama]) or not (Rebbi Shimon) by an Isur Kolel - where the second Isur covers more objects that the first one ...

(b)... such as here, where the initial Isur only covered Neveilos and T'reifos ... , whereas the Shevu'ah incorporates Kasher items as well.

(c)The Halachah is - like the Tana Kama.

7)

(a)What is the Din in a case where a man is Madir Hana'ah from his wife (See Tos. Yom-Tov) in the event that he eats today, and he then eats Neveilos u'Tereifos ... ?

(b)Why will even Rebbi Shimon, who rules in the previous case that he Is Patur if he ate Neveilos and T'reifos ... , agree with this ruling?

7)

(a)If a man is Madir Hana'ah from his wife (See Tos. Yom-Tov) in the event that he eats today, and he eats Neveilos u'Tereifos ... - his wife is forbidden to him.

(b)Even Rebbi Shimon, who rules in the previous case that he Is Patur if he ate Neveilos and T'reifos ... , will agree with this ruling - since his reason is (not because what he ate is not considered food, but) - because 'Ein Shevu'ah Chal al Davar Asur', which is not applicable in this case.

Mishnah 5
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8)

(a)What does the Tana say about a Shevu'ah that concerns somebody else and about one that is not real (she'Ein bahem Mamash)?

(b)One interpretation of the latter is one that is abstract. What is the other?

(c)What is an example of a Shevu'ah that concerns oneself (which the Tana has already discussed)?

(d)And what is an example of a Shevu'ah that ...

1. ... concerns somebody else?

2. ... is abstract?

3. ... is meaningless?

8)

(a)The Tana rules that a Shevu'ah that concerns somebody else and one that is not real ('she'Ein bahem Mamash') - are both as effective as one that concerns oneself and that is real.

(b)One interpretation of the latter is a Shevu'ah that is abstract, the other - one that is meaningless (where nothing is gained and nothing is lost).

(c)An example of a Shevu'ah that concerns oneself (which the Tana has already discussed is - 'Shevu'ah 'she'Ochal' or 'she'Lo Ochal'.

(d)And an example of a Shevu'ah that ...

1. ... concerns somebody else is - 'Shevu'ah she'Etein or she'Lo Etein, le'Ish P'loni' (See Tos. Yom-Tov) ... '.

2. ... is abstract is 'Shevu'ah she'Ishan' or 'she'Lo Ishan'.

3. ... is meaningless is - 'Shevu'ah she'Ezrok Tz'ror la'Yam' or 'she'Lo Ezrok'.

9)

(a)In all of the above cases, the Tana Kama includes a Shevu'ah of the past ('she'Nasati' or 'she'Lo Nasati', 'she'Yashanti' or 'she'Lo Yashanti' 'she'Zarakti' or 'she'Lo Zarakti'). What does Rebbi Yishmael say, based on the Pasuk "Lehara O Leheitiv"?

(b)What does Rebbi Akiva say?

(c)What did Rebbi Yishmael reply when Rebbi Akiva asked him from where we know that one is Chayav for transgressing even a Shevu'ah that is not good or bad?

(d)How did Rebbi Akiva then query him from there?

9)

(a)In all of the above cases, the Tana Kama includes a Shevu'ah of the past ('she'Nasati' or 'she'Lo Nasati', 'she'Yashanti' or 'she'Lo Yashanti' 'she'Zarakti' or 'she'Lo Zarakti'). Rebbi Yishmael rules, based on the Pasuk "Lehara O Leheitiv" - that one is only Chayav for a Shevu'ah that concerns the future.

(b)Rebbi Akiva holds - that one is Chayav.

(c)When Rebbi Akiva asked Rebbi Yishmael from where we know that one is Chayav for transgressing even a Shevu'ah that is not good or bad - the latter replied from a Ribuy ("le'Chol asher Yevatei").

(d)Rebbi Akiva then queried him from there, inasmuch as - if the Pasuk comes to include the one, why should it not also include the other (a Shevu'ah that concerns the past)?

10)

(a)In fact, they both Darshen the three phrases "O Nefesh ki Sishava" "Lehara O Leheitiv" "le'Chol asher Yevatei", which Rebbi Akiva learns as a Ribuy, Miy'ut ve'Ribuy. What does ...

1. ... the second Ribuy come to include?

2. ... the Miy'ut come to exclude?

(b)How does Rebbi Yishmael Darshen the three Pesukim?

(c)What more does the Miy'ut come to exclude?

(d)What is the basic difference between a 'Ribuy, Miy'ut ve'Ribuy' and a 'K'lal u'P'rat u'Chelal'

(e)Like whom is the Halachah?

10)

(a)In fact, they both Darshen the three phrases "O Nefesh ki Sishava" "Lehara O Leheitiv" "le'Chol asher Yevatei", which Rebbi Akiva learns as a 'Ribuy, Miy'ut ve'Ribuy'. The ...

1. ... second Ribuy comes to include - a Shevu'ah that concerns the past.

2. ... Miy'ut comes to exclude - a Shevu'ah to perform a D'var Mitzvah (which one is Chayav anyway).

(b)Rebbi Yishmael Darshens it as - a 'K'lal u'P'rat u'Chelal' ...

(c)... and the Miy'ut also comes to exclude - a Shevu'ah of the past.

(d)In a 'Ribuy, Miy'ut ve'Ribuy' - the second Ribuy includes everything and the Miy'ut excludes only one thing; whereas in a 'K'lal u'P'rat u'Chelal' - the Miy'ut comes to exclude whatever is not similar to the K'lal, and the second K'lal comes to include whatever is.

(e)The Halachah is - like Rebbi Akiva (See Tos. Yom-Tov).

Mishnah 6
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11)

(a)What does the Tana Kama say about someone who swears to ...

1. ... negate a Mitzvah but doesn't do so?

2. ... fulfill a Mitzvah but doesn't?

(b)Even though he is Patur as regards Shevu'as Bituy (the category of Shevu'ah currently under discussion) what is he nevertheless Chayav?

11)

(a)The Tana Kama rules that someone who swears to ...

1. ... negate a Mitzvah but doesn't do so, or to ...

2. ... fulfill a Mitzvah but doesn't - is Patur.

(b)Even though he is Patur as regards Shevu'as Bituy (the category of Shevu'ah currently under discussion) he is nevertheless Chayav - Malkos (for making a Shevu'as Shav ([a Shevu'ah in vain]).

12)

(a)How does Rebbi Yehudah ben Beseira learn from R'shus that the latter is Chayav?

(b)How do the Chachamim counter Rebbi Yehudah ben Beseira's Kal va'Chomer?

(c)What is their source?

(d)Like whom is the Halachah

12)

(a)Rebbi Yehudah ben Beseira learns that the latter is Chayav - from a Kal va'chomer from a Shevu'ah on a Davar R'shus, which one is not commanded, how much more so on a D'var Mitzvah, which one is.

(b)The Chachamim counter Rebbi Yehudah ben Beseira's Kal va'Chomer however, in that - whereas R'shus applies to the negative as well as to the positive, Mitzvah applies only to the positive (See Tos. Yom-Tov) ...

(c)... as the Torah writes "Lehara O Leheitiv".

(d)The Halachah is - like the Tana Kama.

Mishnah 7
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13)

(a)If someone declares 'Shevu'ah she'Lo Ochal Kikar Zu, Shevu'ah she'Lo Ochlenah, Shevu'ah she'Lo Ochlenah', and then eats it be'Shogeg, how many Korbanos will he have to bring?

(b)Why is that?

(c)What if he transgresses be'Meizid?

(d)Why does the Tana find it necessary to mention the second 'Shevu'ah she'Lo Ochlenah', seeing as the Din of 'Ein Shevu'ah Chal al Shevu'ah' we can learn from the first one?

13)

(a)Someone who declares 'Shevu'ah she'Lo Ochal Kikar Zu, Shevu'ah she'Lo Ochlenah, Shevu'ah she'Lo Ochlenah', and then eats it be'Shogeg, he will have to bring - only one Chatas ...

(b)... due to the principle 'Ein Shevu'ah Chal al Shevu'ah'.

(c)If he transgresses be'Meizid - he will receive one set of Malkos.

(d)Despite the fact that Din of 'Ein Shevu'ah Chal al Shevu'ah' we can learn from the first 'Shevu'ah she'Lo Ochlenah' (See Tos. Yom-Tov), the Tana finds it necessary to mention the second 'Shevu'ah she'Lo Ochlenah' to teach us that - although both of them do not take effect immediately, they are nevertheless not in vain, and if the opportunity avails itself (as we will explain shortly), they will take effect, one at a time.

14)

(a)What is the practicality of the current ruling? On what condition will ...

1. ... the first 'Shevu'ah she'Lo Ochlenah' take effect?

2. ... the second 'Shevu'ah she'Lo Ochlenah' take effect?

(b)On what principle are these Halachos based?

(c)What if the Noder reverses the order (she'Lo Ochlenah, she'Lo Ochal'?

(d)Why is that?

14)

(a)The practicality of the current ruling is - that in the event that the Noder annuls the original Neder ('she'Lo Ochal ... ' ...

1. ... the first 'Shevu'ah she'Lo Ochlenah' will take effect, and in the event that he annuls the first 'Shevu'ah she'Lo Ochlenah' ...

2. ... the second 'Shevu'ah she'Lo Ochlenah' will take effect.

(b)These Halachos are based on the principle - that 'When a Chacham annuls a Neder, he annuls it from its inception' (so that retroactively, it was never effective).

(c)Should the Noder reverse the order ('she'Lo Ochlenah, she'Lo Ochal' - then be'Shogeg he will be Chayav two Korbanos), and be'Meizid, two Malkos...

(d)... one for the first k'Zayis (as implied by ' she'Lo Ochal') and one for eating the entire loaf (as implied by 'she'Lo Ochlenah').

15)

(a)The above Halachos pertain to a Shevu'as Bituy (See Tos. Yom-Tov). If, like a Shevu'as Bituy, a Shevu'as Shav is subject to Malkos be'Meizid (as we learned in the previous Mishnah), in what way is it different be'Shogeg?

15)

(a)The above Halachos pertain to a Shevu'as Bituy (See Tos. Yom-Tov). Despite the fact that, like a Shevu'as Bituy, a Shevu'as Shav is subject to Malkos be'Meizid (as we learned in the previous Mishnah) - it is not subject to a Korban be'Shogeg.

Mishnah 8
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16)

(a)How does the Tana initially define a Shevu'as Shav?

(b)One of the Mishnah's two examples of this is where one swears that a pillar of stone is made of gold (See Tos. Yom-Tov). What is the other?

(c)His second definition is a Shevu'ah that is impossible. One example of this is where one claims that he spotted a camel flying through the air (See Tos. Yom-Tov). What is the other?

(d)Why could he not have been referring to a snake that is as thick as the beam of an olive-press?

(e)These are merely conditions however. What is an example of what he actually swears?

16)

(a)The Tana initially defines a Shevu'as Shav as - a Shevu'ah that changes the identity of something that everybody knows.

(b)One of the Mishnah's two examples of this is where one swears that a pillar of stone is made of gold (See Tos. Yom-Tov); the other is - where he swears that a man is a woman, or vice-versa.

(c)His second definition is a Shevu'ah that is impossible. One example of this is where one claims that he spotted a camel flying through the air (See Tos. Yom-Tov); the other is - where he swears that he saw a snake that resembles a beam of the olive-press (in shape [See Tos. Yom-Tov]).

(d)This cannot be referring to a snake that is merely as thick as the beam of an olive-press - since that is common and it would not therefore be considered a Shevu'as Shav.

(e)These are merely conditions however. An example of what he actually swears is that - all the fruit in the world is forbidden to him (See Tos. Yom-Tov) if he did not see ... .

17)

(a)What is the definition of a Shevu'as Shav that is subject to Malkos be'Meizid, but Patur be'Shogeg (that we mentioned earlier)?

(b)The first of four cases listed by the Tana is where one swears that he will not testify on behalf of P'loni'. From which Pasuk in Vayikra do we learn that he has negated a Mitzvah?

(c)The Mishnah gives another three examples of this; two of them are 'not to build a Succah and not take Lulav' (on Succos). What is the third?

17)

(a)The definition of a Shevu'as Shav that is subject to Malkos be'Meizid, but Patur be'Shogeg (that we mentioned earlier) is - where one swears to perform a Mitzvah but does not perform it.

(b)The first of four cases of Shevu'as Shav that is subject to Malkos be'Meizid, but Patur be'Shogeg (as we learned earlier) is where he swears that he will not testify on behalf of P'loni, which is a Mitzvah, as the Pasuk writes in Vayikra "Im Lo Yagid ve'Nasa Avono".

(c)The Mishnah gives another three examples of this: 'Not to build a Succah, not to take a Lulav (on Succos) - and not to put on Tefilin'.

Mishnah 9
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18)

(a)If the Noder swears 'she'Ocheil Kikar Zu, Shevu'ah she'Lo Ochlenah', the Mishnah defines the first Shevu'ah as a Shevu'as Bituy. How does it define the second one?

(b)What if he subsequently ...

1. ... eats it?

2. ... fails to eat it?

(c)Why in the latter case (be'Meizid) is he also Chayav on account of Shevu'as Shav?

18)

(a)If the Noder swears 'she'Ocheil Kikar Zu, Shevu'ah she'Lo Ochlenah', the Mishnah defines the first Shevu'ah as a Shevu'as Bituy, the second one - as a Shevu'as Shav (See Tos. Yom-Tov).

(b)Consequently, if he subsequently ...

1. ... eats it (be'Meizid) - he will be Chayav on account of Shevu'as Shav.

2. ... fails to eat it - he will be Chayav (even be'Shogeg) on account of Shevu'as Bituy ...

(c)... though (be'Meizid), he is also Chayav on account of Shevu'as Shav - seeing as when he swore not to eat it, he swore to negate a Mitzvah (See also Tos. Yom-Tov).

Mishnah 10
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19)

(a)The Tana rules that a Shevu'as Bituy applies to women as well as to men and to relatives as well as to non-relatives. Why does he see fit to mention these rulings at all?

(b)What does he mean when he says that it applies to ...

1. ... relatives as well as to non-relatives?

2. ... Pesulim as well as to Kesheirim?

(c)What does the Tana say regarding the location where the Shevu'ah is made?

(d)And what does he come to preclude when he says 'mi'Pi Atzmo'?

19)

(a)The Tana rules that a Shevu'as Bituy applies to women as well as to men and to relatives as well as to non-relatives. He sees fit to mention these rulings - in order to balance the Mishnah later with regard to Shevu'as ha'Eidus, where the Din is different.

(b)When he says that it applies to ...

1. ... relatives as well as to non-relatives, he means that - it applies even if he says that he will give an article to a relative.

2. ... Pesulim as well as to Kesheirim - he means even to Pesulei Eidus.

(c)The Tana rules that - the Shevu'ah applies even if it is declared outside Beis-Din.

(d)And when he says 'mi'Pi Atzmo', he comes to preclude - where he simply answers 'I ate' or 'I did not eat', after being questioned by someone else.

Mishnah 11
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20)

(a)The Mishnah repeats the same list of rulings regarding Shevu'as Shav as it just did regarding Shevu'as Bituy. If both are subject to Malkos be'Meizid, what is the sole distinction between them listed here by the Mishnah?

(b)What does the Mishnah mean when it declares a Shevu'as Shav subject to Kerovim and Rechokim? What is the case?

(c)On what condition does the Tana declare them both Chayav even if they are Mushba mi'Pi Acherim?

(d)What is the case?

20)

(a)The Mishnah repeats the same list of rulings regarding a Shevu'as Shav as it just did regarding Shevu'as Bituy. If both are subject to Malkos be'Meizid, the sole distinction between them listed here by the Mishnah - is whether one is Chayav Korban Oleh ve'Yoreid be'Shogeg (by a Shevu'as Bituy) or not (by a Shevu'as Shav).

(b)When the Mishnah declares a Shevu'as Shav subject to Kerovim and Rechokim - he means that if the Noder swears that a man is a woman, it is a Shevu'as Shav even if the man is a relative.

(c)The Tana declares them both Chayav even if they are Mushba mi'Pi Acherim - provided they answer 'Amen'.

(d)The case is where - Reuven initially declares that he did not eat or that he did not wear Tefilin, and where he answers 'Amen' in response to Shimon's request that he swears (See Tos. Yom-Tov).

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