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Shevuos 32
1a) [line 9] "V'CHICHESH BA'AMISO" - "[If a person sins, and commits
treachery against HaSh-m,] and lies to his neighbor [about an object that
was delivered to him to guard, or about [money given to him as] a loan, or
about an object taken away by force, or he has defrauded his neighbor.]"
(Vayikra 5:21)
b) [line 9] "V'CHICHESH BA'AMISO:" KOL D'HU! - from the words "v'Chichesh
ba'Amiso" themselves we learn that any denial is sufficient for the case of
Shevu'as ha'Pikadon (including, for example, when the plaintiff is running
after the suspect and the suspect swears that he does not owe him any
money); the word "Amar" of the Mishnah (Daf 36b) is obviously not a
prerequisite for Shevu'as ha'Pikadon.
2) [line 21] "[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 person sins, and hears (and
accepts) the demand for an oath, and he is a witness, whether he has seen or
known of it,] if he does not utter it (i.e. testify), then he shall bear his
iniquity." (Vayikra 5:1)
3) [line 25] "[V'HAYAH CHI YE'SHAM] L'ACHAS [ME'ELEH V'HISVADAH ASHER CHATA
ALEHA.]" - "[And it shall be, when he shall be guilty] in one [of these
things (mentioned above, verses 1-4), that he shall confess that he has
sinned in that thing.]" (Vayikra 5:5) - The Sifra from which this Derasha is
quoted (Perek 14, 316:1) refers to one of the three *sins* of Shevu'as
ha'Edus, Tum'as Mikdash v'Kodashav or Shevu'as Bituy (RAV L. BERLIN). As
such, it is difficult to understand how this word is being used to teach
that one may be liable to multiple *Shevu'os* as long as they were made
outside of Beis Din. (See PARDES YITZCHAK, who understands that the Gemara
is referring to the word "l'Achas" from the verse dealing with Shevu'as
*Bituy* (ibid. 5:4), which is also difficult, since our Gemara is referring
to Shevu'as *ha'Edus*.)
4) [line 32] IY EFSHAR L'TZAMTZEM - it is impossible to be so precise
The Tana'im argue as to whether it is possible for natural (i.e. not
intentionally planned) events to occur simultaneously or not. For example,
Rebbi Yosi rules that it is possible for the two witnesses to voice their
denial of knowledge of evidence simultaneously while the Rabanan argue.
5) [line 34] TOCH KEDEI DIBUR K'DIBUR DAMI
(a) "Toch Kedei Dibur" is the length of time that it takes for a student to
say a greeting to his teacher (e.g. "Shalom Alecha Rebbi"). "K'Dibur Dami"
means that within this small amount of time, we view an act or speech as not
yet completed and still continuing.
(b) In the case of the testimony of witnesses, if two witnesses testified
successively, each beginning his words within "Kedei Dibur" of the previous
witness's testimony, then we consider the testimony to be "k'Echad," as
stated in our Mishnah. "B'Zeh Achar Zeh" refers to a case where the second
witnesses testified after "Kedei Dibur" of the previous witness. Their
testimony is not considered "k'Echad" with regard to Shevu'as ha'Edus and
the first witness is obligated to bring a Korban while the second one is
exempt.
6a) [line 35] KEDEI SHE'EILAS TALMID L'RAV - the length of time that it
takes for a student to say a greeting to his teacher (e.g. "Shalom Alecha
Rebbi")
b) [line 35] (IKA D'AMREI KEDEI SHE'EILAS RAV L'SALMID) - some say that it
is the length of time that it takes for a teacher to say a greeting to his
student (e.g. "Shalom Alecha")
7) [line 37] KOL ECHAD V'ECHAD TOCH KEDEI DIBURO SHEL CHAVEIRO - each
witness began his denial of knowledge of evidence within Toch Kedei Dibur of
the end of the previous witness's denial
8) [line 41] SOTAH
(a) A Sotah is a woman who is suspected of committing adultery because she
was warned by her husband not to seclude herself with a certain man and she
violated the warning. The process of warning her in front of witnesses is
called Kinuy. The witnesses who see her seclude herself with the suspected
adulterer are called Eidei Stirah. The time of seclusion must be at least
for the time that it takes to roast an egg and swallow it. The woman is
forbidden to her husband and the alleged adulterer until she drinks Mei
Sotah (see (d), below). If she committed adultery after not heeding the
warning of two witnesses, she is put to death by Chenek (choking), as it
states in the Torah (Devarim 22:22). One witness to adultery ("Ed Tum'ah)
prevents her from drinking the Mei Sotah.
(b) After Kinuy and Stirah, the husband must bring his wife to the Beis
ha'Mikdash to perform the ceremony of the Mei Sotah. On the way there, Beis
Din appoints two Torah scholars to accompany them to make sure that they do
not engage in marital relations, which are forbidden to them. Moreover, if
the couple does have marital relations at this point, the Mei Sotah will not
work, since the husband must be "Menukeh me'Avon," clear (lit. cleaned) of
sin for the ceremony to work. The Gemara (Sotah 47b) explains that this
means that he did not have relations with his wife from the time that she
became prohibited to him or with any other woman (ever) who was prohibited
to him (RASHI to Sotah ibid.)
(c) The couple brings a sacrifice consisting of 1/10 of an Eifah (approx. 2
quarts) of barley meal as a Minchah offering. In the Azarah of the Beis
ha'Mikdash, a Kohen reads Parshas Sotah, the portion of the Torah describing
the curses with which a Sotah is cursed, out loud (in any language that the
Sotah understands) and makes the Sotah swear that she has been faithful to
her husband.
(d) An earthenware jug is then filled with half a Lug of water from the
Kiyor, and dirt from the floor of the Azarah is placed on top of the water.
Parshas Sotah (that contains numerous appearances of Hash-m's name) is
written on parchment and then immersed in the water, which causes the ink to
dissolve, erasing the Holy Names. The Sotah afterwards drinks from the
water. If she was unfaithful to her husband and allowed herself to become
defiled, the water would enter her body and poison her, causing her belly to
swell out and her thigh to rupture. If she was faithful to her husband, she
remained unharmed and would be blessed that she would become pregnant
(Bamidbar 5:11-31). In times when there is no Mei Sotah such as in the
present day, a Sotah must be divorced and does not receive her Kesuvah.
(e) With regard to Shevu'as ha'Edus of witnesses to the different stages of
Parshas Sotah, our Gemara explains Abaye's statement as follows: All agree
that an Ed Tum'ah will be liable to bring a Korban, since by withholding his
testimony he causes the husband a monetary loss of the value of the Kesuvah,
which he would not have had to pay. All agree that Eidei Kinuy are exempt
from a Korban, since their testimony is one step removed from causing the
husband a monetary loss ("Gorem d'Gorem d'Mamon"). And there is an argument
with regard to Eidei Stirah, since their testimony is "Gorem l'Mamon." (See
below, entry #10, "Davar ha'Gorem l'Mamon.")
9) [line 42] (ED) SHE'KENEGDO CHASHUD AL HA'SHEVU'AH
(a) A person who is required to take an oath in Beis Din but they have
reason to suspect that he will lie if he swears (because he has a past
history of swearing falsely or of gambling or other forms of theft) is
called a "Chashud Al ha'Shevu'ah" and is prohibited from making Shevu'os.
(b) When Beis Din do not allow a person who is Chashud Al ha'Shevu'ah to
swear, they redirect the Shevu'ah to the other litigant. For example, if a
person admits to half of the claim against him requiring him to swear a
Shevu'as Modeh b'Miktzas, but he is Chashud Al ha'Shevu'ah, then the person
who made the claim against him may swear that his claim is true and collect
what he claimed.
10) [line 44] DAVAR HA'GOREM L'MAMON K'MAMON DAMI / LAV K'MAMON DAMI
(a) Davar ha'Gorem l'Mamon refers to an object in which the owner has
neither the right to eat it, use it or derive benefit from it in any way.
Still, if this object is destroyed, it causes its owner a financial loss.
Examples of this are: 1. An object that is Asur b'Hana'ah at present but
will be Mutar b'Hana'ah in the future, such as Chametz on Pesach according
to Rebbi Shimon, who permits its use after Pesach; 2. An item that one
accepted to be Shomer (to care for and return it to its owner unharmed) that
became Asur b'Hana'ah or invalidated from use while it is in the hands of
the Shomer. In certain circumstances, if a Shomer returns such an item
(although it is now worthless) to its owner, he is not responsible to
replace it with an object of value.
(b) The Tana'im (Bava Kama 74b) argue as to whether a person who steals or
damages such an item is liable to pay the owner for it or for the damages
(since he caused the owner a financial loss) or not (since it is worthless
at present in either case).
(c) Our Sugya considers the testimony that will exempt the husband from
paying his wife's Kesuvah a Davar ha'Gorem l'Mamon. Withholding such
testimony causes the husband a financial loss when he is required to pay his
wife's Kesuvah.
11) [line 47] ED TUM'AH - see above, entry #8
12) [line 47] "V'ED EIN BAH" - "and there is no witness (i.e. a pair of
witnesses) [to testify] against her" (Bamidbar 5:13)
13) [last line] EDEI KINUY - see above, entry #8
14) [last line] D'HAVAH GOREM D'GOREM - since it is one step removed from
causing the husband a monetary loss
32b---------------------------------------32b
15) [line 1] EDEI SETIRAH - see above, entry #8
16) [line 9] SHE'SHNEIHEN CHASHUDIN... CHAZRAH SHEVU'AH... -
(a) See above, entry #9.
(b) When both litigants are Chashudin Al ha'Shevu'ah, Raboseinu shebe'Bavel
(Rav and Shmuel) rule that "Chazrah Shevu'ah l'Sinai," that neither of them
make a Shevu'ah and Beis Din does not extract the money (rather, we depend
on HaSh-m to straighten out the monetary accounts). Raboseinu shebe'Eretz
Yisrael (Rebbi Aba) rule that "Chazrah Shevu'ah l'Mechuyav Lah," that the
obligation to swear reverts to the litigant who was required to make the
Shevu'ah originally, and since he cannot swear, he pays (Shevu'os 47a).
17) [line 12] D'REBBI ABA - [the case] of Rebbi Aba (which is also known as
Nascha d'Rebbi Aba - the bullion (a bar of metal such as silver or gold)
that a certain person snatched, for which he was taken to Rebbi Ami's Beis
Din. In that case, Rebbi Ami accepted the words of Rebbi Aba, who offered
the decisive opinion in the case, as the Gemara proceeds to narrate.)
18) [line 12] D'CHATAF NASCHA - who snatched a bar of bullion
19) [line 17] IKA CHAD SAHADA (SHEVU'AH: ED ECHAD)
See Background to Shevuos 31:23:a.
20) [line 18] LISHTABA - [shall he] swear [that he did not grab it]
21) [line 19] HAVAH LEI K'GAZLAN - [for this Shevu'ah,] he is considered
like a Gazlan (RASHI) (SHEVU'AH: PESUL GAZLAN)
A Gazlan (robber) is disqualified from giving testimony, as the verse
states, "Al Tashes Yadecha Im Rasha Liheyos Ed Chamas" - "do not place your
hand with the wicked to be a thieving witness" (Shemos 23:1). As such, if
Beis Din learns (through testimony that was given or other evidence) that
someone is a Gazlan, he is disqualified from giving testimony in Beis Din.
22) [line 22] ED MISAH - a witness to the death of a certain person, who, by
withholding his testimony, causes the person's wife a financial loss since
she is not able to collect the value of her Kesuvah from the person's heirs
23a) [line 24] D'AMAR LAH L'DIDAH - when he told her [about the death of her
husband]
b) [line 25] V'LO AMAR LEHU L'VEIS DIN - but he did not testify about it
in Beis Din
24) [line 26] HA'ISHAH SHE'AMRAH MES BA'ALI TINASEI; MES BA'ALI TISYA'BEM -
a woman who testified that her husband died is permitted to remarry; a woman
who testified that her husband died is required to perform Yibum or
Chalitzah (See Background to Sanhedrin 31:30)
25) [line 29] MASHBI'A EDEI KARKA - one who induces witnesses to swear about
a claim of real estate, for which there is normally no Shevu'ah, and for
which the Amora'im argue as to whether such witnesses are required to bring
a Korban Shevu'as ha'Edus (see Daf 37b). The claim of a woman for the value
of her Kesuvah is considered a claim of real estate since the Kesuvah is
normally paid with a parcel of land.
26) [line 30] DILMA DI'TEFISA METALTELEI - perhaps that woman took
possession of moveable items of her husband while he was alive, and now she
intends to keep them as a partial (or full) payment of her Kesuvah. As such,
this is in reality not a claim of real estate but of moveable items, for
which a Shevu'ah is required.
27) [line 35] TOCH KEDEI DIBUR K'DIBUR DAMI
See above, entry #5.
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