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Previous daf Shevuos 34
1a) [line 9] NE'EMAR KAN "SECHETA" - the verse states "Secheta" here
(Vayikra 5:1) [with regard to Shevu'as ha'Edus]
b) [line 10] V'NE'EMAR L'HALAN "SECHETA" - and another verse states
"Secheta" there (Vayikra 5:21) [with regard to Shevu'as ha'Pikadon]
2) [line 13] "O" "O" BITUY YOCHICHU - the words "O" [in the verse dealing
with Shevu'as] Bituy, ["*O* Nefesh Ki Sishava l'Vatei vi'Sefasayim l'Hara
*O* l'Hetiv..." (Vayikra 5:4)] will prove [that Shevu'as ha'Edus applies to
cases that do *not* involves monetary claims, when they are compared to the
words "O" in the verse dealing with Shevu'as ha'Edus, "... v'Hu Ed *O* Ra'ah
*O* Yada..." (Vayikra 5:1)]
3a) [line 18] CHEIT B'MEZID TAV'EI V'CHAFREI V'AVREI - these words stand for
the topics that are in common between Shevu'as ha'Edus and Shevu'as
*ha'Pikadon*, as follows:
1. *Cheit* refers to the fact that a Gezeirah Shavah is learned between the
words *Secheta* in Shevu'as ha'Edus and Shevu'as ha'Pikadon; this word does
not appear in the verse of Shevu'as Bituy.
b) [line 20] CHATAS SHE'YARDAH L'CHOMESH - these words stand for the topics
that are in common between Shevu'as ha'Edus and Shevu'as *Bituy*, as
2. *b'Mezid* refers to the fact that one is liable to bring a Korban for
transgression *b'Mezid* (intentionally) in both Shevu'as ha'Edus and
Shevu'as ha'Pikadon; one brings a Korban only for transgression b'Shogeg
(unintentionally) in Shevu'as Bituy.
3. *Tav'ei v'Chafrei* refers to the fact that both Shevu'as ha'Edus and
Shevu'as ha'Pikadon apply in cases where there is a *Tove'a* (claimant) who
demands testimony or monetary compensation and a defendant who is *Kofer*
(denies) that he knows testimony or that he owes money. Shevu'as Bituy
4. *v'Avrei* refers to the fact that the oaths of Shevu'as ha'Edus and
Shevu'as ha'Pikadon apply to the *Avar* (the past), while the main example
brought in the verse of Shev'as Bituy applies to the future (l'Hara O
1. *Chatas* refers to the fact that the Korban required for sinning with
regard to Shevu'as ha'Edus and Shevu'as Bituy is a Korban *Chatas*, while
the Korban required for sinning with regard to Shevu'as ha'Pikadon is a
4) [line 21] HANACH NEFISHAN - these (Cheit b'Mezid Tav'ei v'Chafrei
v'Avrei) are more numerous
2. *she'Yardah* refers to the fact that the Korban Chatas of Shevu'as
ha'Edus and Shevu'as Bituy is a Korban Oleh *v'Yored* (i.e. it varies based
on the means of the penitent -- see Background to Shevuos 24:14b), while the
Korban Asham of Shevu'as ha'Pikadon is Kavu'a (i.e. it does not vary).
3. *l'Chomesh* refers to the fact that neither Shevu'as ha'Edus nor Shevu'as
Bituy generate a liability to pay *Chomesh* (a fifth) of the claim, while
Shevu'as ha'Pikadon does.
5) [line 21] "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)
6) [line 24] DAVAR ACHER - any other claim (besides a monetary claim)
7) [line 35] HA'OCHER - (a) kicking (RASHI, 1st explanation); (b) kicking
while engaged in mating (RASHI's 2nd explanation); (b) biting (RASHI to
8) [line 38] ER'EH BA'NECHAMAH... - (a) "I will see the [day that Benei
Yisrael will be in a state of] comfort (and will be redeemed from Galus)"
(BEREISHIS RABAH 65:12, see MAHARSHA to Pesachim 54b). This phrase is a
euphemism meaning, "I will *not* see the Day of Redemption (if the following
is not true.)" (RASHI to Makos 5b DH Er'eh, 1st explanation); (b) "[I take
an oath that my sons shall die and] I will see [the period of mourning in
which people will come to] comfort [me] (if the following is not true.)"
(RASHI to Makos 5b DH Er'eh, 2nd explanation)
9) [line 40] CHURVAH - a ruined building
10) [line 40] SAYIF - a sword
11) [line 40] DAM METEFTEF - blood was dripping
12) [line 41] HARUG MEFARPER - the victim was still convulsing
13) [line 50] IM ADAM TEREIFAH HARAG O SHALEM HARAG - if he (the murderer)
killed a [person who was a] Tereifah or a healthy person (HA'HOREG ES
(a) A Tereifah is a person who or an animal that has acquired or was born
with a fatal defect that will result in his or its death within a year. The
signs of a Tereifah are described in Chulin 42a et seq. (There are some who
maintain that a Tereifah can live for more than a year -- see Chulin 42a-b).
(b) A person who murders a Tereifah does not receive the capital punishment.
As such, it is essential to know whether the victim was a Tereifah or not,
as the Gemara discusses in Makos (Daf 7a).
14) [last line] MANEH MINISICHSA BIFNEI PELONI U'FELONI - I counted out for
you a Maneh (100 Zuzim) before Peloni and Peloni (two witnesses)
15) [line 2] V'HALAH - and the other one (i.e. the accused)
16) [line 3] HUCHZAK KAFRAN - he is presumed to be a liar (and Beis Din does
not allow him to make a Shevu'ah)
17) [line 5] HAMNUNA AT, UL TA - (lit. You are Hamnuna, come in [to the Beis
ha'Midrash].) Since the Elders of Nezunya chided Rav Hamnuna when he did not
know the answer to their question (Kidushin 25a), calling him "Karnuna"
instead of Hamnuna (*Ham* Nuna sounds like *Cham* Nuna, which means hot
fish; they were calling him a cold fish), Rav Yehudah intended to encourage
him and negate the rebuke of those Elders, in response to his brilliant
answer quoted in our Sugya (TORAS CHAYIM).
18) [line 8] HISHTIN MAYIM - he urinated
19) [line 10] DINA PARSA'AH - Persian law (that is, not the law of the
Torah -- RASHI to Bava Kama 58b), i.e. arbitrariness
20a) [line 10] ME'OLAM - ever
b) [line 11] B'ESEK ZEH - in this case (of the loan)
21) [line 15] KOL MILSA D'LO RAMYA ALEI D'INISH, AVID LAH V'LAV A'DA'ATEI -
any matter in which a person does not have a vested interest (i.e. that is
not very important to him to remember), he may do an action related to that
matter without realizing it
22) [line 18] MECHACHU ALAH B'MA'ARAVA - they laughed about it (the version
of the Beraisa quoted in the name of Rebbi Shimon, which is challenged in
the Sugya that follows) in the west (Eretz Yisrael) (the Gemara Sanhedrin
17b concludes that these words signify a statement of Rebbi Yosi b'Rebbi
23) [line 18] MAI CHUCHA? - (lit. What is the laughing [about]?) What is the
problem [with our version of the Beraisa]?
24) [line 30] MI'ME'ILAH REBBI SHIMON GAMAR LAH - [by comparing the topic of
Shevu'as ha'Pikadon to the topic] of Me'ilah, Rebbi Shimon learned [that
Mezid is not similar to Shogeg with regard to Shevu'as ha'Pikadon] (ME'ILAH)
(a) It is forbidden to derive personal benefit from anything that is
Hekdesh, as the Torah states, "Lo Suchal le'Echol b'Sha'arecha...
u'Nedarecha Asher Tidor" - "You may not eat in your settlements... and your
pledges [to Hekdesh] that you will pledge" (Devarim 12:17) (RAMBAM Hilchos
Me'ilah 1:1-3). The minimum amount for which one transgresses this
prohibition is a Perutah's worth of benefit.
(b) If someone benefited from Hekdesh b'Mezid (intentionally), he is liable
to Malkus (according to the Rabanan; according to Rebbi he is liable to
Misah b'Yedei Shamayim) and must pay to Hekdesh the amount that he
benefited. However, the object from which he benefited remains Hekdesh.
(c) If someone benefited from Hekdesh b'Shogeg (unintentionally), the object
loses its Kedushah. He must bring a Korban Me'ilah and repay Hekdesh the
value of his benefit plus an additional *fifth* (of the ensuing total, or a
*quarter* of the original value). This is true of any object that has
Kedushas Damim (i.e. its value is consecrated to Hekdesh). An object that
has Kedushas ha'Guf (i.e. an object with intrinsic Kedushah, such as the
utensils used in the Beis ha'Mikdash or a live Korban that is used in the
Beis ha'Mikdash "as is") does not lose its Kedushah under any circumstances
(Rosh Hashanah 28a).
25) [line 33] SHE'KEN ME'ILAH MI'ME'ILAH - since [Shevu'as ha'Pikadon, which
contains the phrase "u'Ma'alah Ma'al" (Vayikra 5:21), which is related to
the word] Me'ilah [can be learned] from [the topic of] Me'ilah [by comparing
that phrase to the phrase "Sim'ol Ma'al" (Vayikra 5:15), to teach that Mezid
is not similar to Shogeg]
26a) [line 36] ME'ILAH BA'KOL NEHENEH B'KAVU'A CHOMESH V'ASHAM - these words
stand for the topics that are in common between Shevu'as ha'Pikadon and
Me'ilah, as follows:
1. *Me'ilah* refers to the fact that words from the root *Me'ilah* appear in
the verses of Shevu'as ha'Pikadon and Me'ilah (see previous entry) but not
in the verse of Shevu'as ha'Edus (whether or not Me'ilah - Me'ilah is a
Gezeirah Shavah, see TOSFOS DH Hanach).
b) [line 37] CHEIT HEDYOT BI'SHEVU'AH TAV'EI V'CHAFREI V'O'IN - these
words stand for the topics that are in common between Shevu'as ha'Pikadon
and Shevu'as ha'Edus, as follows:
2. *ba'Kol* refers to the fact that both Shevu'as ha'Pikadon and Me'ilah
apply to *all* people, while Shevu'as ha'Edus only applies to people who are
fit to testify.
3. *Neheneh* refers to the fact that one who transgresses either Shevu'as
ha'Pikadon or Me'ilah have been *Neheneh* (have benefited) from someone
else's money or from Hekdesh; the witness who transgresses Shevu'as ha'Edus
does not receive any direct benefit.
4. *b'Kavu'a* refers to the fact that the Korbanos of Shevu'as ha'Pikadon
and Me'ilah are both Korbenos *Kevu'im* (i.e. they do not vary based upon
the means of the sinner), while the Korban Oleh v'Yored of Shevu'as ha'Edus
is not Kavu'a.
5. *Chomesh* refers to the fact that one who transgresses either Shevu'as
ha'Pikadon or Me'ilah must pay a *Chomesh* (a *fifth* of the ensuing total,
or a *quarter* of the original value -- see Background to Shevuos 31:18 and
above, entry #24:c), while the witness who transgresses Shevu'as ha'Edus
does not pay a Chomesh.
6. *v'Asham* refers to the fact that the Korbanos of Shevu'as ha'Pikadon and
Me'ilah are both Korbenos *Asham* while the Korban of Shevu'as ha'Edus is a
1. *Cheit* refers to the fact that a Gezeirah Shavah is learned between the
words *Secheta* in Shevu'as ha'Pikadon and Shevu'as ha'Edus; this word does
not appear in the verses of Me'ilah.
27) [line 40] MI'BEI RAV - from the Beis ha'Midrash
2. *Hedyot* refers to the fact that one who transgresses Shevu'as ha'Pikadon
and Shevu'as ha'Edus is involved with a court case of a *Hedyot* (an
ordinary citizen) while one who transgresses the prohibition of Me'ilah is
involved with a case of Hekdesh.
3. *b'Shevu'ah* refers to the fact that both Shevu'as ha'Pikadon and
Shevu'as ha'Edus involve *Shevu'os* (oaths) while Me'ilah does not.
4. *Tav'ei v'Chafrei* refers to the fact that both Shevu'as ha'Pikadon and
Shevu'as ha'Edus apply in cases where there is a *Tove'a* (claimant) who
demands monetary compensation or testimony and a defendant who is *Kofer*
(denies) that he owes money or that he knows testimony. Me'ilah contains
5. *v'O'in* refers to the fact that the words *O* appear in the verses
dealing with Shevu'as ha'Pikadon, "... *O* vi'Sesumas Yad *O* v'Gazel *O*
Ashak Es Amiso. *O* Matza Aveidah..." (Vayikra 5:21-22) and in the verses
dealing with Shevu'as ha'Edus, "... v'Hu Ed *O* Ra'ah *O* Yada..." (Vayikra
5:1), while they do not appear in the verses dealing with Me'ilah (Vayikra
28a) [line 41] GEZEIRAH SHAVAH GAMIR (GEZEIRAH SHAVAH)
(a) In the Introduction to the Sifra (the Halachic Midrash to Vayikra),
Rebbi Yishmael lists thirteen methods that Chazal use for extracting the
Halachah from the verses of the Torah. One of them is Gezeirah Shavah, which
is a Halachic device by which two similar words in the Torah from different
subjects teach that laws from one subject apply to the other.
b) [line 41] GEZEIRAH SHAVAH GAMIR; LAMAH LEI D'FARICH...? - [Rebbi
Shimon] learns a Gezeirah Shavah [to teach that Shevu'as ha'Edus only
applies to a monetary claim]; why does he question (starting on Daf 34a,
line 6) [the comparison between Shevu'as ha'Edus and Shevu'as ha'Pikadon? He
can equally learn the Halachos of Shevu'as ha'Pikadon (that it applies to
Mezid as well as to Shogeg and to Mushba as well as to Nishba) from Shevu'as
(b) A sage is only permitted to use the method of Gezeirah Shavah if he
received a tradition from his teachers that a Gezeirah Shavah exists between
the two words. However, the comparison that he makes regarding *which* laws
are applied from one subject to the other may be his own, if he did not
learn it directly from his teachers.
(c) MUFNEH MI'SHENEI TZEDADIM - If two similar words in the Torah are free
of any Derashah, they may be used unconditionally for the inference of a
Gezeirah Shavah between the two topics.
(d) MUFNEH MI'TZAD ECHAD - If only one of the words is free, there is a
Machlokes whether they may be used unconditionally for the inference of a
Gezeirah Shavah (Lemedin v'Ein Meshivin), or if they can only be used for a
Gezeirah Shavah if we have no logical argument against learning the Gezeirah
Shavah (Lemedin u'Meshivin).
(e) EINO MUFNEH KOL IKAR - If both words are used for another Derashah,
there is a Machlokes whether they can only be used for a Gezeirah Shavah if
we have no logical argument not to learn the Gezeirah Shavah, or if they
cannot be used at all for a Gezeirah Shavah.
29a) [line 43] KI FARICH MEKAMEI D'TEIKUM LEI GEZEIRAH SHAVAH - perhaps he
only questions [the comparison] *before* he showed the necessity of the
Gezeirah Shavah [by attempting to learn the comparison through a Meh
b) [line 44] BASAR D'KAMA LEI GEZEIRAH SHAVAH LO FARICH - after he showed
the necessity of the Gezeirah Shavah [through his questions], he does
question (i.e. he does not rule according to the Halachos presented in the