POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Shevuos 44
1) A "MASHKON" (SECURITY) THAT WAS LOST (cont.)
(a) Rejection: Both Tana'im argue with Shmuel; the security
was worth as much as the loan;
1. The Tana'im argue about R. Yitzchak's law.
(b) Suggestion: R. Akiva holds like R. Yitzchak (therefore,
he is liable for losing the security), R. Eliezer does
2. (R. Yitzchak): A lender acquires a security -
"U'Lecha Tihyeh Tzedakah";
i. If he did not acquire it, returning it would
not be called Tzedakah (since it belongs to the
(c) Rejection: R. Yitzchak only said his law regarding a
security taken after the loan (which the verse speaks
of), not a security taken at the time of the loan!
(d) Rather, if the security was taken after the loan, all
agree to R. Yitzchak's law;
1. They argue about a security taken at the time of the
loan, the law of watching such a security is the
same as that of a lost object.
2. (Rabah): One who guards a lost object is a Shomer
***** PEREK KOL HA'NISHBA'IN ****
3. (Rav Yosef): He is considered to be a Shomer Sachar
(Rashi - because he is rewarded for doing a Mitzvah;
Tosfos - because he is exempt from giving Tzedakah
while taking care of the object).
(e) Suggestion: Rav Yosef must admit that R. Eliezer and R.
Akiva argue about his law of a lost object (R. Akiva
agrees to it, R. Eliezer argues on it).
(f) Rejection: No, all can agree to his law; they argue about
when the lender needs (to use) the security.
1. R. Eliezer says, he acts for his own benefit, this
is not considered a Mitzvah;
(g) Suggestion: The following Tana'im argue about Shmuel's
2. R. Akiva says, since he pays for his usage, this is
still considered a Mitzvah.
1. (Beraisa - R. Shimon ben Gamliel): Reuven lent
Shimon; he took a pledge at the time of the loan.
Shemitah came; even though the pledge is only worth
half the loan, the loan is not cancelled;
(h) Rejection: No - really, R. Shimon means, the value of the
pledge is not cancelled.
i. Rebbi says, if the pledge is worth all the
loan, the loan is not cancelled; if not, it is
2. Question: What does R. Shimon mean by 'it is not
i. If the value of the pledge is not cancelled -
that would imply, Rebbi holds that even that is
cancelled - if so, why did he take a pledge?!
3. Answer: Rather, R. Shimon says that the entire loan
is not cancelled; Rebbi says, the value of the loan
above the pledge is cancelled.
i. R. Shimon holds that a pledge acquires fully,
Rebbi holds that it only acquires according to
(i) Question: If so, Rebbi holds that even that is cancelled
- why did he take a pledge?!
(j) Answer: It is a remembrance of the loan.
2) OATHS TAKEN TO RECEIVE PAYMENT
(a) (Mishnah): When a person must swear mid'Oraisa, it is to
avoid paying; the following people take a Rabbinical oath
and collect: a worker, a Nigzal (victim of theft), a
Nechbal (one who was wounded), a claimant whose defendant
is disqualified from swearing, a grocer swearing about
(b) The case of a worker: Reuven claims (on the day he
worked) that he was not paid, Shimon (the employer) says
'I paid you';
1. Reuven swears that he was not paid, and collects.
(c) R. Yehudah says, Reuven swears and collects only if
Shimon partially admits, e.g. Reuven claims wages of 50
Dinarim and Shimon admits to 25.
(d) The case of a Nigzal: witnesses testify that Levi entered
Yehudah's house without permission to take a security.
Yehudah says, you took my vessels; Levi denies this.
1. Yehudah swears how much was taken, and collects.
(e) R. Yehudah says, he swears and collects only if Levi
partially admits, e.g. Yehudah claims that two vessels
were taken and Levi admits to one.
(f) The case of a Nechbal: witnesses testify that Levi was
unbruised when he entered Yehudah's house, and he left
bruised. Levi says, you wounded me; Yehudah denies this.
1. Levi swears that Yehudah wounded him, and collects
(g) R. Yehudah says, he swears and collects only if Yehudah
partially admits, e.g. Levi claims that he wounded him
twice and Yehudah admits to once.