Search

Shevuot 49

Want to dedicate learning? Get started here:

podcast placeholder

0:00
0:00




Summary
  • For the text of the Hadran ceremony, click here.
  • For more information about What is a Siyum, click here.
  • For the source sheet for Zissy Turner’s shiur, click here.

Siyum Masechet Shevuot is dedicated by Raquel & Joe Bijou in loving memory of our dearest Grandpa Richard Cohen. Naftali ben Yosef HaKohen. “You always cherished family and valued learning. By completing this masechet, we have accomplished both. We love and miss you deeply, and we hope to continue fulfilling many more mitzvot in your memory.”

If one watches an item belonging to another (shomer), there are different levels of responsibility, depending on whether the shomer was paid/not paid or one borrowed or rented an object. When a shomer takes a false oath regarding the item, if the lie either didn’t change the level of responsibility or created an obligation instead of providing an exemption, then there is no liability since there were no financial repercussions from the lie. However, even though one is exempt from liability for an oath concerning a deposit, Rav rules that the person is still liable for an oath of expression. Shmuel disagrees. What is the basis of their debate?

Today’s daily daf tools:

Shevuot 49

לַכֹּל מְגַלְגְּלִין, חוּץ מִשָּׂכִיר – שֶׁאֵין מְגַלְגְּלִין. רַב חִסְדָּא אָמַר: לַכֹּל אֵין מְקִילִּין, חוּץ מִשָּׂכִיר – דִּמְקִילִּין. מַאי בֵּינַיְיהוּ? אִיכָּא בֵּינַיְיהוּ לִפְתּוֹחַ לוֹ.

Any oath, including one incurred by rabbinic law, may be extended to render the person who takes it liable to take an additional oath, except for the oath of a hired worker, which may not be extended, since the hired worker’s oath was instituted only to alleviate the concerns of the employer. Rav Ḥisda says: For everyone, the Sages are not lenient, in that they extend any oath they incur to impose upon them additional oaths, except for a hired worker, for whom they are lenient. The Gemara asks: What is the difference between the rulings of Rav Huna and Rav Ḥisda? The Gemara answers: There is a practical difference between them as to whether the court initiates extending an oath for him, i.e., even when the other litigant has not suggested it, the court extends the original oath to include an oath about other claims.

וְהַשְּׁבִיעִית מְשַׁמֶּטֶת כּוּ׳. מְנָא הָנֵי מִילֵּי? אָמַר רַב גִּידֵּל אָמַר רַב, דְּאָמַר קְרָא: ״וְזֶה דְּבַר הַשְּׁמִטָּה״ – וַאֲפִילּוּ דִּיבּוּר מְשַׁמֶּטֶת.

§ The mishna teaches: The Sabbatical Year abrogates the obligation to take an oath about a debt, just like it abrogates a debt. The Gemara asks: From where is this matter derived? Rav Giddel says that Rav says: It is derived from the fact that the verse states: “And this is the matter [devar] of the release: Every creditor shall release that which he has lent to his neighbor; he shall not exact it of his neighbor and his brother, because the Lord’s release has been proclaimed” (Deuteronomy 15:2). Since the word devar also means statement, this teaches that the Sabbatical Year releases, i.e., abrogates, even a statement, i.e., an oath.

הֲדַרַן עֲלָךְ כׇּל הַנִּשְׁבָּעִין

מַתְנִי׳ אַרְבָּעָה שׁוֹמְרִין הֵן: שׁוֹמֵר חִנָּם וְהַשּׁוֹאֵל, נוֹשֵׂא שָׂכָר וְהַשּׂוֹכֵר.

MISHNA: There are four types of bailees, to whom different halakhot apply. They are as follows: An unpaid bailee, who receives no compensation for safeguarding the item in his care; and a borrower, who receives an item on loan for his own use without paying a rental fee; a paid bailee, who is paid a salary for safeguarding the deposited item; and a renter, i.e., one who pays a fee for the use of an item or animal.

שׁוֹמֵר חִנָּם נִשְׁבָּע עַל הַכֹּל, וְהַשּׁוֹאֵל מְשַׁלֵּם אֶת הַכֹּל.

In the event that one of these bailees is unable to return the deposited item to its owner, the halakha with regard to liability is dependent upon what happened to the item, and upon the type of bailee: An unpaid bailee takes an oath attesting to the fact that he was not negligent with the care of the item and is then exempt from liability for everything, meaning for all types of damage, whether the item was lost, stolen, damaged, or if the animal died. Conversely, a borrower does not have the option of taking an oath, and pays for everything, whether the item was stolen, lost, damaged, or the animal died, even if it was by unavoidable accident.

נוֹשֵׂא שָׂכָר וְהַשּׂוֹכֵר – נִשְׁבָּעִין עַל הַשְּׁבוּרָה וְעַל הַשְּׁבוּיָה וְעַל הַמֵּתָה, וּמְשַׁלְּמִין אֶת הָאֲבֵדָה וְאֶת הַגְּנֵיבָה.

The halakhot of a paid bailee and a renter are the same: They take an oath concerning an injured animal, and concerning a captured one, and concerning a dead animal, attesting to the fact that these mishaps were not caused by negligence, but rather by unavoidable accident, and then are exempt from liability. But they must pay if the deposit cannot be returned due to loss or theft, even if these were not caused by negligence.

אָמַר לְשׁוֹמֵר חִנָּם: ״הֵיכָן שׁוֹרִי?״ אָמַר לוֹ: ״מֵת״ – וְהוּא שֶׁנִּשְׁבַּר אוֹ נִשְׁבָּה אוֹ נִגְנַב אוֹ אָבַד; ״נִשְׁבַּר״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבָּה אוֹ נִגְנַב אוֹ אָבַד. ״נִשְׁבָּה״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִגְנַב אוֹ אָבַד; ״נִגְנַב״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִשְׁבָּה אוֹ אָבַד; ״אָבַד״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִשְׁבָּה אוֹ נִגְנַב; ״מַשְׁבִּיעֲךָ אֲנִי״, וְאָמַר ״אָמֵן״ – פָּטוּר.

The mishna clarifies: If the owner of an ox said to an unpaid bailee: Where is my ox? And the unpaid bailee said to him: It died, but the truth was that it was injured or captured or stolen or lost; or if the bailee responded: It was injured, but the truth was that it died or was captured or stolen or lost; or if he responded: It was captured, but the truth was that it died or was injured or stolen or lost; or if he responded: It was stolen, but the truth was that it died or was injured or captured or lost; or if he responded: It was lost, but the truth was that it died or was injured or captured or stolen, in any of the above cases, if the owner of the ox then said: I administer an oath to you concerning your claim, and the unpaid bailee said: Amen, he is exempt from bringing a guilt-offering, despite the fact that he took a false oath. The reason is that his false oath did not render him exempt from liability to pay.

״הֵיכָן שׁוֹרִי?״ אָמַר לוֹ: ״אֵינִי יוֹדֵעַ מָה אַתָּה סָח״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִשְׁבָּה אוֹ נִגְנַב אוֹ אָבַד; ״מַשְׁבִּיעֲךָ אֲנִי״, וְאָמַר ״אָמֵן״ – פָּטוּר.

If the owner says to an unpaid bailee: Where is my ox? And the unpaid bailee said to him: I do not know what you are talking about, but the truth was that it died or was injured or captured or stolen or lost, and the owner said: I administer an oath to you concerning your claim, and the unpaid bailee said: Amen, he is exempt from bringing a guilt-offering, since he would not have been liable to pay in any of these cases.

״הֵיכָן שׁוֹרִי?״ אָמַר לוֹ: ״אָבַד״; ״מַשְׁבִּיעֲךָ אֲנִי״, וְאָמַר ״אָמֵן״; וְהָעֵדִים מְעִידִים אוֹתוֹ שֶׁאֲכָלוֹ – מְשַׁלֵּם אֶת הַקֶּרֶן. הוֹדָה מֵעַצְמוֹ – מְשַׁלֵּם קֶרֶן וָחוֹמֶשׁ וְאָשָׁם.

But if the owner said to the unpaid bailee: Where is my ox? And the unpaid bailee said to him: It is lost, and the owner said: I administer an oath to you concerning your claim, and the unpaid bailee said: Amen, and then witnesses testify that the bailee consumed it, he pays the owner the principal, since he took the ox for himself. But if there were no witnesses, but after he took the oath he admitted of his own accord that he stole the ox and took a false oath, then he pays the owner the principal and the additional one-fifth payment, and he brings a guilt-offering to achieve atonement, as in any other case where one takes a false oath with regard to a deposit.

״הֵיכָן שׁוֹרִי?״ וְאָמַר לוֹ: ״נִגְנַב״; ״מַשְׁבִּיעֲךָ אֲנִי״, וְאָמַר ״אָמֵן״; וְהָעֵדִים מְעִידִים אוֹתוֹ שֶׁגְּנָבוֹ – מְשַׁלֵּם תַּשְׁלוּמֵי כֶפֶל. הוֹדָה מֵעַצְמוֹ – מְשַׁלֵּם קֶרֶן וָחוֹמֶשׁ וְאָשָׁם.

Similarly, if the owner said to the unpaid bailee: Where is my ox? And the unpaid bailee said to him: It was stolen, and the owner said: I administer an oath to you concerning your claim, and the unpaid bailee said: Amen, and then witnesses testify that the bailee stole it, he pays double the principal. If he admitted of his own accord that he stole it, then he is exempt from double payment for theft, but pays the principal and the additional one-fifth payment, and brings a guilt-offering to achieve atonement.

אָמַר לְאֶחָד בַּשּׁוּק: ״הֵיכָן שׁוֹרִי שֶׁגָּנַבְתָּ?״ הוּא אוֹמֵר: ״לֹא גָּנַבְתִּי״, וְהָעֵדִים מְעִידִים אוֹתוֹ שֶׁגְּנָבוֹ – מְשַׁלֵּם תַּשְׁלוּמֵי כֶפֶל. טָבַח וּמָכַר – מְשַׁלֵּם תַּשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה. רָאָה עֵדִים שֶׁמְּמַשְׁמְשִׁין וּבָאִין, אָמַר: ״גָּנַבְתִּי, אֲבָל לֹא טָבַחְתִּי וְלֹא מָכַרְתִּי״ – אֵינוֹ מְשַׁלֵּם אֶלָּא קֶרֶן.

If the owner of an ox said to someone in the marketplace, i.e., a stranger who was not a bailee: Where is my ox that you stole? And the accused says: I did not steal it, and then witnesses testify that the accused did steal it, he pays the double payment. If he slaughtered or sold it, he pays the fourfold or fivefold payment. If the accused saw witnesses that were approaching to testify against him, and at that point he said: I admit that I stole the animal but I did not slaughter or sell it, he pays only the principal.

אָמַר לְשׁוֹאֵל: ״הֵיכָן שׁוֹרִי?״ אָמַר לוֹ:

If the owner said to a borrower: Where is my ox? And the borrower said to him:

״מֵת״ – וְהוּא שֶׁנִּשְׁבַּר אוֹ נִשְׁבָּה אוֹ נִגְנַב אוֹ אָבַד; ״נִשְׁבַּר״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבָּה אוֹ נִגְנַב אוֹ אָבַד; ״נִשְׁבָּה״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִגְנַב אוֹ אָבַד; ״נִגְנַב״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִשְׁבָּה אוֹ אָבַד; ״אָבַד״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִשְׁבָּה אוֹ נִגְנַב; ״מַשְׁבִּיעֲךָ אֲנִי״, וְאָמַר ״אָמֵן״ – פָּטוּר.

It died, but the truth was that it was injured or captured or stolen or lost; or if he responded: It was injured, but the truth was that it died or was captured or stolen or lost; or if he responded: It was captured, but the truth was that it died or was injured or stolen or lost; or if he responded: It was stolen, but the truth was that it died or was injured or captured or lost; or if he responded: It was lost, but the truth was that it died or was injured or captured or stolen, in any of the above cases, if the owner of the ox said: I administer an oath to you concerning your claim, and the borrower said: Amen, he is exempt from bringing an offering for his false oath, since the oath did not render him exempt from liability to pay. He would have been liable to pay in any case.

״הֵיכָן שׁוֹרִי?״ אָמַר לוֹ: ״אֵינִי יוֹדֵעַ מָה אַתָּה סָח״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִשְׁבָּה אוֹ נִגְנַב אוֹ נֶאֱבָד; ״מַשְׁבִּיעֲךָ אֲנִי״, וְאָמַר ״אָמֵן״ – חַיָּיב.

But if the owner said to the borrower: Where is my ox? And the borrower said to him: I do not know what you are talking about, but the truth was that it died or was injured or captured or stolen or lost, and the owner said: I administer an oath to you concerning your claim, and the borrower said: Amen, the borrower is liable to bring a guilt-offering, as he took an oath that would render him exempt from liability to pay.

אָמַר לְנוֹשֵׂא שָׂכָר וְהַשּׂוֹכֵר: ״הֵיכָן שׁוֹרִי?״ אָמַר לוֹ: ״מֵת״ – וְהוּא שֶׁנִּשְׁבַּר אוֹ נִשְׁבָּה; ״נִשְׁבַּר״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבָּה; ״נִשְׁבָּה״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר; ״נִגְנַב״ – וְהוּא שֶׁאָבַד; ״אָבַד״ – וְהוּא שֶׁנִּגְנַב; ״מַשְׁבִּיעֲךָ אֲנִי״, וְאָמַר ״אָמֵן״ – פָּטוּר.

If an owner said to a paid bailee or a renter: Where is my ox? And the latter said to him: It died, but the truth was that it was injured or captured; or if he said: It was injured, but the truth was that it died or was captured; or if he said: It was captured, but the truth was that it died or was injured; or if he said: It was stolen, but the truth was that it was lost; or if he said: It was lost, but the truth was that it was stolen, and the owner said: I administer an oath to you concerning your claim, and he said: Amen, the paid bailee or renter is exempt from bringing a guilt-offering.

״מֵת״ אוֹ ״נִשְׁבַּר״ אוֹ ״נִשְׁבָּה״ – וְהוּא שֶׁנִּגְנַב אוֹ אָבַד; ״מַשְׁבִּיעֲךָ אֲנִי״, וְאָמַר ״אָמֵן״ – חַיָּיב. ״אָבַד״ אוֹ ״נִגְנַב״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִשְׁבָּה; ״מַשְׁבִּיעֲךָ אֲנִי״, וְאָמַר ״אָמֵן״ – פָּטוּר.

If the paid bailee or renter said: It died or was injured or captured, but the truth was that it was stolen or lost, and the owner said: I administer an oath to you concerning your claim, and he said: Amen, the paid bailee or renter is liable to bring a guilt-offering. If the paid bailee or renter said: It was lost or stolen, but the truth was that it died or was injured or captured, and the owner said: I administer an oath to you concerning your claim, and he said: Amen, he is exempt from bringing a guilt-offering.

זֶה הַכְּלָל: כׇּל הַמְשַׁנֶּה מֵחוֹבָה לְחוֹבָה, וּמִפְּטוּר לִפְטוּר, וּמִפְּטוּר לְחוֹבָה – פָּטוּר. מֵחוֹבָה לִפְטוּר – חַיָּיב. זֶה הַכְּלָל: כׇּל הַנִּשְׁבָּע לְהָקֵל עַל עַצְמוֹ – חַיָּיב. לְהַחְמִיר עַל עַצְמוֹ – פָּטוּר.

This is the principle: Anyone who changes from one claim of liability to another claim of liability or from one claim of exemption to another claim of exemption or from a claim of exemption to a claim of liability is exempt from bringing a guilt-offering. If he changes from a claim of liability to a claim of exemption, he is liable. This is the principle: Anyone who takes an oath to be lenient with himself is liable; if he takes an oath to be stringent with himself, he is exempt.

גְּמָ׳ מַאן תְּנָא אַרְבָּעָה שׁוֹמְרִין? אָמַר רַב נַחְמָן אָמַר רַבָּה בַּר אֲבוּהּ: רַבִּי מֵאִיר הִיא. אֲמַר לֵיהּ רָבָא לְרַב נַחְמָן: מִי אִיכָּא תַּנָּא דְּלֵית לֵיהּ אַרְבָּעָה שׁוֹמְרִין?! אֲמַר לֵיהּ, הָכִי קָאָמֵינָא לָךְ: מַאן תַּנָּא דְּאָמַר שׂוֹכֵר כְּנוֹשֵׂא שָׂכָר דָּמֵי? אָמַר רַב נַחְמָן אָמַר רַבָּה בַּר אֲבוּהּ: רַבִּי מֵאִיר הִיא.

GEMARA: The Gemara asks: Who is the tanna who taught that there are four types of bailees? Rav Naḥman said that Rabba bar Avuh said: It is Rabbi Meir. Rava said to Rav Naḥman: And is there a tanna who does not accept that there are four types of bailees, as the question and your answer indicate? Rav Naḥman said to him: This is what I am saying to you: Who is the tanna who says that a renter has the same halakhic status as a paid bailee? With regard to this question, Rav Naḥman said that Rabba bar Avuh said: It is Rabbi Meir.

וְהָא רַבִּי מֵאִיר אִיפְּכָא שָׁמְעִינַן לֵיהּ – דִּתְנַן: שׂוֹכֵר כֵּיצַד מְשַׁלֵּם? רַבִּי מֵאִיר אוֹמֵר: כְּשׁוֹמֵר חִנָּם, רַבִּי יְהוּדָה אוֹמֵר: כְּנוֹשֵׂא שָׂכָר! רַבָּה בַּר אֲבוּהּ אִיפְּכָא תָּנֵי.

The Gemara challenges: But we have heard that Rabbi Meir said the opposite, as it is taught in a baraita: How does a renter pay? Rabbi Meir says: He pays like an unpaid bailee. Rabbi Yehuda says: He pays like a paid bailee. The Gemara explains: Rabba bar Avuh taught this baraita while reversing the opinions, stating that Rabbi Meir is of the opinion that a renter is like a paid bailee; therefore, he said that the mishna is in accordance with the opinion of Rabbi Meir.

הָנֵי אַרְבָּעָה הָווּ?! שְׁלֹשָׁה הָווּ! אָמַר רַב נַחְמָן בַּר יִצְחָק: אַרְבָּעָה שׁוֹמְרִין, וְדִינֵיהֶן שְׁלֹשָׁה.

The Gemara asks: Are these in fact four types of bailees? There are actually only three, as the halakhot relating to a paid bailee and a renter are identical. Rav Naḥman bar Yitzḥak said: There are indeed four types of bailees with regard to the manner in which they accepted the deposit, but only three halakhot that apply to them.

אָמַר לְשׁוֹמֵר חִנָּם כּוּ׳, ״הֵיכָן שׁוֹרִי״ כּוּ׳, אָמַר לְאֶחָד בַּשּׁוּק כּוּ׳, אָמַר לְשׁוֹמֵר כּוּ׳, ״הֵיכָן שׁוֹרִי?״ אָמַר לוֹ: ״אֵינִי יוֹדֵעַ מָה אַתָּה סָח״ כּוּ׳. אָמַר רַב: וְכוּלָּן פְּטוּרִין מִשְּׁבוּעַת שׁוֹמְרִין, וְחַיָּיבִין מִשּׁוּם שְׁבוּעַת בִּיטּוּי. וּשְׁמוּאֵל אָמַר: אַף פְּטוּרִין מִשּׁוּם שְׁבוּעַת בִּיטּוּי.

§ The following cases were stated in the mishna: If the owner of an ox said to an unpaid bailee: Where is my ox; or if the owner of an ox said to someone in the marketplace: Where is my ox that you stole; or if he said to a bailee: Where is my ox, and the other person said to him: I do not know what you are talking about. With regard to all of these situations referred to in the mishna, Rav says: All of them are exempt from bringing a guilt-offering for falsely taking an oath of the bailees, but they are liable to bring a sin-offering for falsely taking an oath on an utterance. And Shmuel says: They are exempt from bringing a sin-offering for falsely taking an oath on an utterance as well.

בְּמַאי קָמִפַּלְגִי? שְׁמוּאֵל סָבַר: לֵיתַהּ בִּלְהַבָּא. וְרַב סָבַר: אִיתֵיהּ בְּלָאו וָהֵן.

With regard to what principle do they disagree? Shmuel holds that he is exempt from bringing an offering because there is no possibility of taking that oath with regard to an event that may occur in the future, i.e., that the deposited animal will die or be stolen or be lost, and Shmuel holds that one is not liable for taking an oath on an utterance in the case of any oath that one cannot take with reference to the future. And Rav holds that there is an obligation to bring a sin-offering because it is possible to take both a negative oath and a positive one. One of the conditions necessary in order for one to incur liability for an oath on an utterance is that the oath can be formulated as both a negative and a positive statement. This oath meets that criterion as one can formulate the oath in the negative, e.g., the deposit was not stolen, as well as in the positive, e.g., it was stolen.

וְהָא אִיפְּלִיגוּ בַהּ חֲדָא זִימְנָא – דְּאִתְּמַר: ״שְׁבוּעָה שֶׁזָּרַק פְּלוֹנִי צְרוֹר לַיָּם״, ״שְׁבוּעָה שֶׁלֹּא זָרַק״ – רַב אָמַר: חַיָּיב, וּשְׁמוּאֵל אָמַר: פָּטוּר. רַב אָמַר חַיָּיב – דְּאִיתַהּ בְּלָאו וְהֵן, וּשְׁמוּאֵל אָמַר פָּטוּר – דְּלֵיתַהּ בִּלְהַבָּא!

The Gemara challenges: But they already disputed this question on another occasion (see 25a), as it was stated: With regard to one who says: On my oath so-and-so threw a stone into the sea, or: On my oath he did not throw it, Rav says: If it was later discovered that his statement was false, he is liable to bring an offering for his oath. And Shmuel says: He is exempt. Rav says that he is liable, as the oath can be positive or negative. And Shmuel says he is exempt because this oath cannot be stated with regard to the future, since he cannot control what so-and-so does.

צְרִיכָא; דְּאִי אַשְׁמְעִינַן בְּהָא – בְּהָא קָאָמַר רַב, מִשּׁוּם דְּמִנַּפְשֵׁיהּ קָמִישְׁתְּבַע; אֲבָל בְּהָךְ, דְּבֵי דִינָא מַשְׁבְּעִי לֵיהּ – אֵימָא מוֹדֵי לֵיהּ לִשְׁמוּאֵל, כִּדְרַבִּי אַמֵּי; דְּאָמַר רַבִּי אַמֵּי: כׇּל שְׁבוּעָה שֶׁהַדַּיָּינִים מַשְׁבִּיעִין אוֹתָהּ – אֵין חַיָּיבִין עָלֶיהָ מִשּׁוּם שְׁבוּעַת בִּיטּוּי.

The Gemara explains: It was necessary to state the dispute in the case of a bailee as well, as if they would teach it to us only in the case where one took an oath that so-and-so threw a stone, it may have been understood that it is only in this case that Rav says that the person taking the oath is exempt, since he is taking a false oath of his own accord, but in the case in the mishna here, where it is the court that is administering the oath to him, say that Rav concedes to Shmuel that he is exempt, in accordance with the statement of Rabbi Ami. As Rabbi Ami says: In the case of any oath that is administered by the judges, one is not liable to bring a sin-offering for falsely taking an oath on an utterance.

וְאִי אִיתְּמַר בְּהָא – בְּהָא קָאָמַר שְׁמוּאֵל, אֲבָל בְּהָךְ אֵימָא מוֹדֶה לֵיהּ לְרַב; צְרִיכָא.

And conversely, if the dispute had been stated only in this case, i.e., the case of the bailee to whom the court administers the oath, one might have said: It is in this case that Shmuel says that he is exempt, in accordance with Rabbi Ami’s statement, but in a case where one took an oath that so-and-so threw a stone, say that Shmuel concedes to Rav that he is liable. Therefore, it is necessary for the dispute to be stated in both cases.

גּוּפָא – אָמַר רַבִּי אַמֵּי: כׇּל שְׁבוּעָה שֶׁהַדַּיָּינִין מַשְׁבִּיעִין אוֹתָהּ, אֵין בָּהּ מִשּׁוּם שְׁבוּעַת בִּיטּוּי; שֶׁנֶּאֱמַר: ״אוֹ נֶפֶשׁ כִּי תִשָּׁבַע לְבַטֵּא בִשְׂפָתַיִם״ – מֵעַצְמוֹ. כִּדְרֵישׁ לָקִישׁ – דְּאָמַר רֵישׁ לָקִישׁ: ״כִּי״ מִשְׁתַּמֵּשׁ בְּאַרְבַּע לְשׁוֹנוֹת: אִי, דִּלְמָא, אֶלָּא, דְּהָא.

Having mentioned Rabbi Ami’s ruling, the Gemara discusses the matter itself: Rabbi Ami says: In the case of any oath that is administered by the judges, one is not liable for falsely taking an oath on an utterance, as it is stated in the verse: “Or if [ki] anyone swears clearly with his lips to do evil or to do good, whatever it is that a man shall utter clearly with an oath, and it is hidden from him…and the priest shall make atonement for him concerning his sin” (Leviticus 5:4–6). Only if one takes the oath of his own accord is he liable, as the verse can be understood in accordance with the statement of Reish Lakish. As Reish Lakish says: The term ki has four distinct meanings: If, perhaps, rather, and as. According to Rabbi Ami, its meaning in the above verse is: If, indicating that only if one takes the oath of his own accord is he liable.

רַבִּי אֶלְעָזָר אוֹמֵר: כּוּלָּן פְּטוּרִין מִשְּׁבוּעַת שׁוֹמְרִין וְחַיָּיבִין מִשּׁוּם שְׁבוּעַת בִּיטּוּי; חוּץ מֵ״אֵינִי יוֹדֵעַ מָה אַתָּה סָח״ דְּשׁוֹאֵל, וּגְנֵיבָה וַאֲבֵידָה דְּנוֹשֵׂא שָׂכָר וְשֶׁבְּשׂוֹכֵר – שֶׁהוּא חַיָּיב, שֶׁהֲרֵי כְּפָרוֹ מָמוֹן.

Rabbi Elazar says: All of them, i.e., all those listed in the mishna as exempt, are exempt from bringing a guilt-offering for taking an oath of the bailees, but they are liable to bring a sin-offering for taking an oath on an utterance, except for a borrower who says: I do not know what you are talking about, and a paid bailee or a renter who claims that the deposit was stolen or lost. In these cases, the bailee is liable for taking an oath of the bailees, as he denied a monetary claim, meaning that he wanted to render himself exempt from liability to pay. This halakha is in accordance with the opinion of Rav.
This chapter explained that a bailee who makes a false claim and takes an oath to that effect is not always liable for falsely taking an oath of the bailees. The principle with regard to this matter was stated at the end of the mishna: Any bailee who makes a false claim that would in any case not render him exempt from liability to pay, and takes an oath to that effect, is not liable for falsely taking an oath of the bailees.

הֲדַרַן עֲלָךְ אַרְבָּעָה שׁוֹמְרִין, וּסְלִיקָא לַהּ מַסֶּכֶת שְׁבוּעוֹת

Today’s daily daf tools:

Delve Deeper

Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.

For the Beyond the Daf shiurim offered in Hebrew, see here.

New to Talmud?

Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you. 

The Hadran Women’s Tapestry

Meet the diverse women learning Gemara at Hadran and hear their stories. 

Shortly after the death of my father, David Malik z”l, I made the commitment to Daf Yomi. While riding to Ben Gurion airport in January, Siyum HaShas was playing on the radio; that was the nudge I needed to get started. The “everyday-ness” of the Daf has been a meaningful spiritual practice, especial after COVID began & I was temporarily unable to say Kaddish at daily in-person minyanim.

Lisa S. Malik
Lisa S. Malik

Wynnewood, United States

In my Shana bet at Migdal Oz I attended the Hadran siyum hash”as. Witnessing so many women so passionate about their Torah learning and connection to God, I knew I had to begin with the coming cycle. My wedding (June 24) was two weeks before the siyum of mesechet yoma so I went a little ahead and was able to make a speech and siyum at my kiseh kallah on my wedding day!

Sharona Guggenheim Plumb
Sharona Guggenheim Plumb

Givat Shmuel, Israel

I LOVE learning the Daf. I started with Shabbat. I join the morning Zoom with Reb Michelle and it totally grounds my day. When Corona hit us in Israel, I decided that I would use the Daf to keep myself sane, especially during the days when we could not venture out more than 300 m from our home. Now my husband and I have so much new material to talk about! It really is the best part of my day!

Batsheva Pava
Batsheva Pava

Hashmonaim, Israel

I began daf yomi in January 2020 with Brachot. I had made aliya 6 months before, and one of my post-aliya goals was to complete a full cycle. As a life-long Tanach teacher, I wanted to swim from one side of the Yam shel Torah to the other. Daf yomi was also my sanity through COVID. It was the way to marking the progression of time, and feel that I could grow and accomplish while time stopped.

Leah Herzog
Leah Herzog

Givat Zev, Israel

I’ve been learning since January 2020, and in June I started drawing a phrase from each daf. Sometimes it’s easy (e.g. plants), sometimes it’s very hard (e.g. korbanot), and sometimes it’s loads of fun (e.g. bird racing) to find something to draw. I upload my pictures from each masechet to #DafYomiArt. I am enjoying every step of the journey.

Gila Loike
Gila Loike

Ashdod, Israel

When the new cycle began, I thought, If not now, when? I’d just turned 72. I feel like a tourist on a tour bus passing astonishing scenery each day. Rabbanit Michelle is my beloved tour guide. When the cycle ends, I’ll be 80. I pray that I’ll have strength and mind to continue the journey to glimpse a little more. My grandchildren think having a daf-learning savta is cool!

Wendy Dickstein
Wendy Dickstein

Jerusalem, Israel

I started to listen to Michelle’s podcasts four years ago. The minute I started I was hooked. I’m so excited to learn the entire Talmud, and think I will continue always. I chose the quote “while a woman is engaged in conversation she also holds the spindle”. (Megillah 14b). It reminds me of all of the amazing women I learn with every day who multi-task, think ahead and accomplish so much.

Julie Mendelsohn
Julie Mendelsohn

Zichron Yakov, Israel

After all the hype on the 2020 siyum I became inspired by a friend to begin learning as the new cycle began.with no background in studying Talmud it was a bit daunting in the beginning. my husband began at the same time so we decided to study on shabbat together. The reaction from my 3 daughters has been fantastic. They are very proud. It’s been a great challenge for my brain which is so healthy!

Stacey Goodstein Ashtamker
Stacey Goodstein Ashtamker

Modi’in, Israel

תמיד רציתי. למדתי גמרא בבית ספר בטורונטו קנדה. עליתי ארצה ולמדתי שזה לא מקובל. הופתעתי.
יצאתי לגימלאות לפני שנתיים וזה מאפשר את המחוייבות לדף יומי.
עבורי ההתמדה בלימוד מעגן אותי בקשר שלי ליהדות. אני תמיד מחפשת ותמיד. מוצאת מקור לקשר. ללימוד חדש ומחדש. קשר עם נשים לומדות מעמיק את החוויה ומשמעותית מאוד.

Vitti Kones
Vitti Kones

מיתר, ישראל

I started learning Dec 2019 after reading “If all the Seas Were Ink”. I found
Daily daf sessions of Rabbanit Michelle in her house teaching, I then heard about the siyum and a new cycle starting wow I am in! Afternoon here in Sydney, my family and friends know this is my sacred time to hide away to live zoom and learn. Often it’s hard to absorb and relate then a gem shines touching my heart.

Dianne Kuchar
Dianne Kuchar

Dover Heights, Australia

I graduated college in December 2019 and received a set of shas as a present from my husband. With my long time dream of learning daf yomi, I had no idea that a new cycle was beginning just one month later, in January 2020. I have been learning the daf ever since with Michelle Farber… Through grad school, my first job, my first baby, and all the other incredible journeys over the past few years!
Sigal Spitzer Flamholz
Sigal Spitzer Flamholz

Bronx, United States

I was inspired to start learning after attending the 2020 siyum in Binyanei Hauma. It has been a great experience for me. It’s amazing to see the origins of stories I’ve heard and rituals I’ve participated in my whole life. Even when I don’t understand the daf itself, I believe that the commitment to learning every day is valuable and has multiple benefits. And there will be another daf tomorrow!

Khaya Eisenberg
Khaya Eisenberg

Jerusalem, Israel

I started learning on January 5, 2020. When I complete the 7+ year cycle I will be 70 years old. I had been intimidated by those who said that I needed to study Talmud in a traditional way with a chevruta, but I decided the learning was more important to me than the method. Thankful for Daf Yomi for Women helping me catch up when I fall behind, and also being able to celebrate with each Siyum!

Pamela Elisheva
Pamela Elisheva

Bakersfield, United States

Geri Goldstein got me started learning daf yomi when I was in Israel 2 years ago. It’s been a challenge and I’ve learned a lot though I’m sure I miss a lot. I quilt as I listen and I want to share what I’ve been working on.

Rebecca Stulberg
Rebecca Stulberg

Ottawa, Canada

A beautiful world of Talmudic sages now fill my daily life with discussion and debate.
bringing alive our traditions and texts that has brought new meaning to my life.
I am a מגילת אסתר reader for women . the words in the Mishna of מסכת megillah 17a
הקורא את המגילה למפרע לא יצא were powerful to me.
I hope to have the zchut to complete the cycle for my 70th birthday.

Sheila Hauser
Sheila Hauser

Jerusalem, Israel

I attended the Siyum so that I could tell my granddaughter that I had been there. Then I decided to listen on Spotify and after the siyum of Brachot, Covid and zoom began. It gave structure to my day. I learn with people from all over the world who are now my friends – yet most of us have never met. I can’t imagine life without it. Thank you Rabbanit Michelle.

Emma Rinberg
Emma Rinberg

Raanana, Israel

Having never learned Talmud before, I started Daf Yomi in hopes of connecting to the Rabbinic tradition, sharing a daily idea on Instagram (@dafyomiadventures). With Hadran and Sefaria, I slowly gained confidence in my skills and understanding. Now, part of the Pardes Jewish Educators Program, I can’t wait to bring this love of learning with me as I continue to pass it on to my future students.

Hannah-G-pic
Hannah Greenberg

Pennsylvania, United States

I am grateful for the structure of the Daf Yomi. When I am freer to learn to my heart’s content, I learn other passages in addition. But even in times of difficulty, I always know that I can rely on the structure and social support of Daf Yomi learners all over the world.

I am also grateful for this forum. It is very helpful to learn with a group of enthusiastic and committed women.

Janice Block-2
Janice Block

Beit Shemesh, Israel

I began daf yomi in January 2020 with Brachot. I had made aliya 6 months before, and one of my post-aliya goals was to complete a full cycle. As a life-long Tanach teacher, I wanted to swim from one side of the Yam shel Torah to the other. Daf yomi was also my sanity through COVID. It was the way to marking the progression of time, and feel that I could grow and accomplish while time stopped.

Leah Herzog
Leah Herzog

Givat Zev, Israel

Hadran entered my life after the last Siyum Hashaas, January 2020. I was inspired and challenged simultaneously, having never thought of learning Gemara. With my family’s encouragement, I googled “daf yomi for women”. A perfecr fit!
I especially enjoy when Rabbanit Michelle connects the daf to contemporary issues to share at the shabbat table e.g: looking at the Kohen during duchaning. Toda rabba

Marsha Wasserman
Marsha Wasserman

Jerusalem, Israel

Shevuot 49

לַכֹּל מְגַלְגְּלִין, חוּץ מִשָּׂכִיר – שֶׁאֵין מְגַלְגְּלִין. רַב חִסְדָּא אָמַר: לַכֹּל אֵין מְקִילִּין, חוּץ מִשָּׂכִיר – דִּמְקִילִּין. מַאי בֵּינַיְיהוּ? אִיכָּא בֵּינַיְיהוּ לִפְתּוֹחַ לוֹ.

Any oath, including one incurred by rabbinic law, may be extended to render the person who takes it liable to take an additional oath, except for the oath of a hired worker, which may not be extended, since the hired worker’s oath was instituted only to alleviate the concerns of the employer. Rav Ḥisda says: For everyone, the Sages are not lenient, in that they extend any oath they incur to impose upon them additional oaths, except for a hired worker, for whom they are lenient. The Gemara asks: What is the difference between the rulings of Rav Huna and Rav Ḥisda? The Gemara answers: There is a practical difference between them as to whether the court initiates extending an oath for him, i.e., even when the other litigant has not suggested it, the court extends the original oath to include an oath about other claims.

וְהַשְּׁבִיעִית מְשַׁמֶּטֶת כּוּ׳. מְנָא הָנֵי מִילֵּי? אָמַר רַב גִּידֵּל אָמַר רַב, דְּאָמַר קְרָא: ״וְזֶה דְּבַר הַשְּׁמִטָּה״ – וַאֲפִילּוּ דִּיבּוּר מְשַׁמֶּטֶת.

§ The mishna teaches: The Sabbatical Year abrogates the obligation to take an oath about a debt, just like it abrogates a debt. The Gemara asks: From where is this matter derived? Rav Giddel says that Rav says: It is derived from the fact that the verse states: “And this is the matter [devar] of the release: Every creditor shall release that which he has lent to his neighbor; he shall not exact it of his neighbor and his brother, because the Lord’s release has been proclaimed” (Deuteronomy 15:2). Since the word devar also means statement, this teaches that the Sabbatical Year releases, i.e., abrogates, even a statement, i.e., an oath.

הֲדַרַן עֲלָךְ כׇּל הַנִּשְׁבָּעִין

מַתְנִי׳ אַרְבָּעָה שׁוֹמְרִין הֵן: שׁוֹמֵר חִנָּם וְהַשּׁוֹאֵל, נוֹשֵׂא שָׂכָר וְהַשּׂוֹכֵר.

MISHNA: There are four types of bailees, to whom different halakhot apply. They are as follows: An unpaid bailee, who receives no compensation for safeguarding the item in his care; and a borrower, who receives an item on loan for his own use without paying a rental fee; a paid bailee, who is paid a salary for safeguarding the deposited item; and a renter, i.e., one who pays a fee for the use of an item or animal.

שׁוֹמֵר חִנָּם נִשְׁבָּע עַל הַכֹּל, וְהַשּׁוֹאֵל מְשַׁלֵּם אֶת הַכֹּל.

In the event that one of these bailees is unable to return the deposited item to its owner, the halakha with regard to liability is dependent upon what happened to the item, and upon the type of bailee: An unpaid bailee takes an oath attesting to the fact that he was not negligent with the care of the item and is then exempt from liability for everything, meaning for all types of damage, whether the item was lost, stolen, damaged, or if the animal died. Conversely, a borrower does not have the option of taking an oath, and pays for everything, whether the item was stolen, lost, damaged, or the animal died, even if it was by unavoidable accident.

נוֹשֵׂא שָׂכָר וְהַשּׂוֹכֵר – נִשְׁבָּעִין עַל הַשְּׁבוּרָה וְעַל הַשְּׁבוּיָה וְעַל הַמֵּתָה, וּמְשַׁלְּמִין אֶת הָאֲבֵדָה וְאֶת הַגְּנֵיבָה.

The halakhot of a paid bailee and a renter are the same: They take an oath concerning an injured animal, and concerning a captured one, and concerning a dead animal, attesting to the fact that these mishaps were not caused by negligence, but rather by unavoidable accident, and then are exempt from liability. But they must pay if the deposit cannot be returned due to loss or theft, even if these were not caused by negligence.

אָמַר לְשׁוֹמֵר חִנָּם: ״הֵיכָן שׁוֹרִי?״ אָמַר לוֹ: ״מֵת״ – וְהוּא שֶׁנִּשְׁבַּר אוֹ נִשְׁבָּה אוֹ נִגְנַב אוֹ אָבַד; ״נִשְׁבַּר״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבָּה אוֹ נִגְנַב אוֹ אָבַד. ״נִשְׁבָּה״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִגְנַב אוֹ אָבַד; ״נִגְנַב״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִשְׁבָּה אוֹ אָבַד; ״אָבַד״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִשְׁבָּה אוֹ נִגְנַב; ״מַשְׁבִּיעֲךָ אֲנִי״, וְאָמַר ״אָמֵן״ – פָּטוּר.

The mishna clarifies: If the owner of an ox said to an unpaid bailee: Where is my ox? And the unpaid bailee said to him: It died, but the truth was that it was injured or captured or stolen or lost; or if the bailee responded: It was injured, but the truth was that it died or was captured or stolen or lost; or if he responded: It was captured, but the truth was that it died or was injured or stolen or lost; or if he responded: It was stolen, but the truth was that it died or was injured or captured or lost; or if he responded: It was lost, but the truth was that it died or was injured or captured or stolen, in any of the above cases, if the owner of the ox then said: I administer an oath to you concerning your claim, and the unpaid bailee said: Amen, he is exempt from bringing a guilt-offering, despite the fact that he took a false oath. The reason is that his false oath did not render him exempt from liability to pay.

״הֵיכָן שׁוֹרִי?״ אָמַר לוֹ: ״אֵינִי יוֹדֵעַ מָה אַתָּה סָח״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִשְׁבָּה אוֹ נִגְנַב אוֹ אָבַד; ״מַשְׁבִּיעֲךָ אֲנִי״, וְאָמַר ״אָמֵן״ – פָּטוּר.

If the owner says to an unpaid bailee: Where is my ox? And the unpaid bailee said to him: I do not know what you are talking about, but the truth was that it died or was injured or captured or stolen or lost, and the owner said: I administer an oath to you concerning your claim, and the unpaid bailee said: Amen, he is exempt from bringing a guilt-offering, since he would not have been liable to pay in any of these cases.

״הֵיכָן שׁוֹרִי?״ אָמַר לוֹ: ״אָבַד״; ״מַשְׁבִּיעֲךָ אֲנִי״, וְאָמַר ״אָמֵן״; וְהָעֵדִים מְעִידִים אוֹתוֹ שֶׁאֲכָלוֹ – מְשַׁלֵּם אֶת הַקֶּרֶן. הוֹדָה מֵעַצְמוֹ – מְשַׁלֵּם קֶרֶן וָחוֹמֶשׁ וְאָשָׁם.

But if the owner said to the unpaid bailee: Where is my ox? And the unpaid bailee said to him: It is lost, and the owner said: I administer an oath to you concerning your claim, and the unpaid bailee said: Amen, and then witnesses testify that the bailee consumed it, he pays the owner the principal, since he took the ox for himself. But if there were no witnesses, but after he took the oath he admitted of his own accord that he stole the ox and took a false oath, then he pays the owner the principal and the additional one-fifth payment, and he brings a guilt-offering to achieve atonement, as in any other case where one takes a false oath with regard to a deposit.

״הֵיכָן שׁוֹרִי?״ וְאָמַר לוֹ: ״נִגְנַב״; ״מַשְׁבִּיעֲךָ אֲנִי״, וְאָמַר ״אָמֵן״; וְהָעֵדִים מְעִידִים אוֹתוֹ שֶׁגְּנָבוֹ – מְשַׁלֵּם תַּשְׁלוּמֵי כֶפֶל. הוֹדָה מֵעַצְמוֹ – מְשַׁלֵּם קֶרֶן וָחוֹמֶשׁ וְאָשָׁם.

Similarly, if the owner said to the unpaid bailee: Where is my ox? And the unpaid bailee said to him: It was stolen, and the owner said: I administer an oath to you concerning your claim, and the unpaid bailee said: Amen, and then witnesses testify that the bailee stole it, he pays double the principal. If he admitted of his own accord that he stole it, then he is exempt from double payment for theft, but pays the principal and the additional one-fifth payment, and brings a guilt-offering to achieve atonement.

אָמַר לְאֶחָד בַּשּׁוּק: ״הֵיכָן שׁוֹרִי שֶׁגָּנַבְתָּ?״ הוּא אוֹמֵר: ״לֹא גָּנַבְתִּי״, וְהָעֵדִים מְעִידִים אוֹתוֹ שֶׁגְּנָבוֹ – מְשַׁלֵּם תַּשְׁלוּמֵי כֶפֶל. טָבַח וּמָכַר – מְשַׁלֵּם תַּשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה. רָאָה עֵדִים שֶׁמְּמַשְׁמְשִׁין וּבָאִין, אָמַר: ״גָּנַבְתִּי, אֲבָל לֹא טָבַחְתִּי וְלֹא מָכַרְתִּי״ – אֵינוֹ מְשַׁלֵּם אֶלָּא קֶרֶן.

If the owner of an ox said to someone in the marketplace, i.e., a stranger who was not a bailee: Where is my ox that you stole? And the accused says: I did not steal it, and then witnesses testify that the accused did steal it, he pays the double payment. If he slaughtered or sold it, he pays the fourfold or fivefold payment. If the accused saw witnesses that were approaching to testify against him, and at that point he said: I admit that I stole the animal but I did not slaughter or sell it, he pays only the principal.

אָמַר לְשׁוֹאֵל: ״הֵיכָן שׁוֹרִי?״ אָמַר לוֹ:

If the owner said to a borrower: Where is my ox? And the borrower said to him:

״מֵת״ – וְהוּא שֶׁנִּשְׁבַּר אוֹ נִשְׁבָּה אוֹ נִגְנַב אוֹ אָבַד; ״נִשְׁבַּר״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבָּה אוֹ נִגְנַב אוֹ אָבַד; ״נִשְׁבָּה״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִגְנַב אוֹ אָבַד; ״נִגְנַב״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִשְׁבָּה אוֹ אָבַד; ״אָבַד״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִשְׁבָּה אוֹ נִגְנַב; ״מַשְׁבִּיעֲךָ אֲנִי״, וְאָמַר ״אָמֵן״ – פָּטוּר.

It died, but the truth was that it was injured or captured or stolen or lost; or if he responded: It was injured, but the truth was that it died or was captured or stolen or lost; or if he responded: It was captured, but the truth was that it died or was injured or stolen or lost; or if he responded: It was stolen, but the truth was that it died or was injured or captured or lost; or if he responded: It was lost, but the truth was that it died or was injured or captured or stolen, in any of the above cases, if the owner of the ox said: I administer an oath to you concerning your claim, and the borrower said: Amen, he is exempt from bringing an offering for his false oath, since the oath did not render him exempt from liability to pay. He would have been liable to pay in any case.

״הֵיכָן שׁוֹרִי?״ אָמַר לוֹ: ״אֵינִי יוֹדֵעַ מָה אַתָּה סָח״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִשְׁבָּה אוֹ נִגְנַב אוֹ נֶאֱבָד; ״מַשְׁבִּיעֲךָ אֲנִי״, וְאָמַר ״אָמֵן״ – חַיָּיב.

But if the owner said to the borrower: Where is my ox? And the borrower said to him: I do not know what you are talking about, but the truth was that it died or was injured or captured or stolen or lost, and the owner said: I administer an oath to you concerning your claim, and the borrower said: Amen, the borrower is liable to bring a guilt-offering, as he took an oath that would render him exempt from liability to pay.

אָמַר לְנוֹשֵׂא שָׂכָר וְהַשּׂוֹכֵר: ״הֵיכָן שׁוֹרִי?״ אָמַר לוֹ: ״מֵת״ – וְהוּא שֶׁנִּשְׁבַּר אוֹ נִשְׁבָּה; ״נִשְׁבַּר״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבָּה; ״נִשְׁבָּה״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר; ״נִגְנַב״ – וְהוּא שֶׁאָבַד; ״אָבַד״ – וְהוּא שֶׁנִּגְנַב; ״מַשְׁבִּיעֲךָ אֲנִי״, וְאָמַר ״אָמֵן״ – פָּטוּר.

If an owner said to a paid bailee or a renter: Where is my ox? And the latter said to him: It died, but the truth was that it was injured or captured; or if he said: It was injured, but the truth was that it died or was captured; or if he said: It was captured, but the truth was that it died or was injured; or if he said: It was stolen, but the truth was that it was lost; or if he said: It was lost, but the truth was that it was stolen, and the owner said: I administer an oath to you concerning your claim, and he said: Amen, the paid bailee or renter is exempt from bringing a guilt-offering.

״מֵת״ אוֹ ״נִשְׁבַּר״ אוֹ ״נִשְׁבָּה״ – וְהוּא שֶׁנִּגְנַב אוֹ אָבַד; ״מַשְׁבִּיעֲךָ אֲנִי״, וְאָמַר ״אָמֵן״ – חַיָּיב. ״אָבַד״ אוֹ ״נִגְנַב״ – וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִשְׁבָּה; ״מַשְׁבִּיעֲךָ אֲנִי״, וְאָמַר ״אָמֵן״ – פָּטוּר.

If the paid bailee or renter said: It died or was injured or captured, but the truth was that it was stolen or lost, and the owner said: I administer an oath to you concerning your claim, and he said: Amen, the paid bailee or renter is liable to bring a guilt-offering. If the paid bailee or renter said: It was lost or stolen, but the truth was that it died or was injured or captured, and the owner said: I administer an oath to you concerning your claim, and he said: Amen, he is exempt from bringing a guilt-offering.

זֶה הַכְּלָל: כׇּל הַמְשַׁנֶּה מֵחוֹבָה לְחוֹבָה, וּמִפְּטוּר לִפְטוּר, וּמִפְּטוּר לְחוֹבָה – פָּטוּר. מֵחוֹבָה לִפְטוּר – חַיָּיב. זֶה הַכְּלָל: כׇּל הַנִּשְׁבָּע לְהָקֵל עַל עַצְמוֹ – חַיָּיב. לְהַחְמִיר עַל עַצְמוֹ – פָּטוּר.

This is the principle: Anyone who changes from one claim of liability to another claim of liability or from one claim of exemption to another claim of exemption or from a claim of exemption to a claim of liability is exempt from bringing a guilt-offering. If he changes from a claim of liability to a claim of exemption, he is liable. This is the principle: Anyone who takes an oath to be lenient with himself is liable; if he takes an oath to be stringent with himself, he is exempt.

גְּמָ׳ מַאן תְּנָא אַרְבָּעָה שׁוֹמְרִין? אָמַר רַב נַחְמָן אָמַר רַבָּה בַּר אֲבוּהּ: רַבִּי מֵאִיר הִיא. אֲמַר לֵיהּ רָבָא לְרַב נַחְמָן: מִי אִיכָּא תַּנָּא דְּלֵית לֵיהּ אַרְבָּעָה שׁוֹמְרִין?! אֲמַר לֵיהּ, הָכִי קָאָמֵינָא לָךְ: מַאן תַּנָּא דְּאָמַר שׂוֹכֵר כְּנוֹשֵׂא שָׂכָר דָּמֵי? אָמַר רַב נַחְמָן אָמַר רַבָּה בַּר אֲבוּהּ: רַבִּי מֵאִיר הִיא.

GEMARA: The Gemara asks: Who is the tanna who taught that there are four types of bailees? Rav Naḥman said that Rabba bar Avuh said: It is Rabbi Meir. Rava said to Rav Naḥman: And is there a tanna who does not accept that there are four types of bailees, as the question and your answer indicate? Rav Naḥman said to him: This is what I am saying to you: Who is the tanna who says that a renter has the same halakhic status as a paid bailee? With regard to this question, Rav Naḥman said that Rabba bar Avuh said: It is Rabbi Meir.

וְהָא רַבִּי מֵאִיר אִיפְּכָא שָׁמְעִינַן לֵיהּ – דִּתְנַן: שׂוֹכֵר כֵּיצַד מְשַׁלֵּם? רַבִּי מֵאִיר אוֹמֵר: כְּשׁוֹמֵר חִנָּם, רַבִּי יְהוּדָה אוֹמֵר: כְּנוֹשֵׂא שָׂכָר! רַבָּה בַּר אֲבוּהּ אִיפְּכָא תָּנֵי.

The Gemara challenges: But we have heard that Rabbi Meir said the opposite, as it is taught in a baraita: How does a renter pay? Rabbi Meir says: He pays like an unpaid bailee. Rabbi Yehuda says: He pays like a paid bailee. The Gemara explains: Rabba bar Avuh taught this baraita while reversing the opinions, stating that Rabbi Meir is of the opinion that a renter is like a paid bailee; therefore, he said that the mishna is in accordance with the opinion of Rabbi Meir.

הָנֵי אַרְבָּעָה הָווּ?! שְׁלֹשָׁה הָווּ! אָמַר רַב נַחְמָן בַּר יִצְחָק: אַרְבָּעָה שׁוֹמְרִין, וְדִינֵיהֶן שְׁלֹשָׁה.

The Gemara asks: Are these in fact four types of bailees? There are actually only three, as the halakhot relating to a paid bailee and a renter are identical. Rav Naḥman bar Yitzḥak said: There are indeed four types of bailees with regard to the manner in which they accepted the deposit, but only three halakhot that apply to them.

אָמַר לְשׁוֹמֵר חִנָּם כּוּ׳, ״הֵיכָן שׁוֹרִי״ כּוּ׳, אָמַר לְאֶחָד בַּשּׁוּק כּוּ׳, אָמַר לְשׁוֹמֵר כּוּ׳, ״הֵיכָן שׁוֹרִי?״ אָמַר לוֹ: ״אֵינִי יוֹדֵעַ מָה אַתָּה סָח״ כּוּ׳. אָמַר רַב: וְכוּלָּן פְּטוּרִין מִשְּׁבוּעַת שׁוֹמְרִין, וְחַיָּיבִין מִשּׁוּם שְׁבוּעַת בִּיטּוּי. וּשְׁמוּאֵל אָמַר: אַף פְּטוּרִין מִשּׁוּם שְׁבוּעַת בִּיטּוּי.

§ The following cases were stated in the mishna: If the owner of an ox said to an unpaid bailee: Where is my ox; or if the owner of an ox said to someone in the marketplace: Where is my ox that you stole; or if he said to a bailee: Where is my ox, and the other person said to him: I do not know what you are talking about. With regard to all of these situations referred to in the mishna, Rav says: All of them are exempt from bringing a guilt-offering for falsely taking an oath of the bailees, but they are liable to bring a sin-offering for falsely taking an oath on an utterance. And Shmuel says: They are exempt from bringing a sin-offering for falsely taking an oath on an utterance as well.

בְּמַאי קָמִפַּלְגִי? שְׁמוּאֵל סָבַר: לֵיתַהּ בִּלְהַבָּא. וְרַב סָבַר: אִיתֵיהּ בְּלָאו וָהֵן.

With regard to what principle do they disagree? Shmuel holds that he is exempt from bringing an offering because there is no possibility of taking that oath with regard to an event that may occur in the future, i.e., that the deposited animal will die or be stolen or be lost, and Shmuel holds that one is not liable for taking an oath on an utterance in the case of any oath that one cannot take with reference to the future. And Rav holds that there is an obligation to bring a sin-offering because it is possible to take both a negative oath and a positive one. One of the conditions necessary in order for one to incur liability for an oath on an utterance is that the oath can be formulated as both a negative and a positive statement. This oath meets that criterion as one can formulate the oath in the negative, e.g., the deposit was not stolen, as well as in the positive, e.g., it was stolen.

וְהָא אִיפְּלִיגוּ בַהּ חֲדָא זִימְנָא – דְּאִתְּמַר: ״שְׁבוּעָה שֶׁזָּרַק פְּלוֹנִי צְרוֹר לַיָּם״, ״שְׁבוּעָה שֶׁלֹּא זָרַק״ – רַב אָמַר: חַיָּיב, וּשְׁמוּאֵל אָמַר: פָּטוּר. רַב אָמַר חַיָּיב – דְּאִיתַהּ בְּלָאו וְהֵן, וּשְׁמוּאֵל אָמַר פָּטוּר – דְּלֵיתַהּ בִּלְהַבָּא!

The Gemara challenges: But they already disputed this question on another occasion (see 25a), as it was stated: With regard to one who says: On my oath so-and-so threw a stone into the sea, or: On my oath he did not throw it, Rav says: If it was later discovered that his statement was false, he is liable to bring an offering for his oath. And Shmuel says: He is exempt. Rav says that he is liable, as the oath can be positive or negative. And Shmuel says he is exempt because this oath cannot be stated with regard to the future, since he cannot control what so-and-so does.

צְרִיכָא; דְּאִי אַשְׁמְעִינַן בְּהָא – בְּהָא קָאָמַר רַב, מִשּׁוּם דְּמִנַּפְשֵׁיהּ קָמִישְׁתְּבַע; אֲבָל בְּהָךְ, דְּבֵי דִינָא מַשְׁבְּעִי לֵיהּ – אֵימָא מוֹדֵי לֵיהּ לִשְׁמוּאֵל, כִּדְרַבִּי אַמֵּי; דְּאָמַר רַבִּי אַמֵּי: כׇּל שְׁבוּעָה שֶׁהַדַּיָּינִים מַשְׁבִּיעִין אוֹתָהּ – אֵין חַיָּיבִין עָלֶיהָ מִשּׁוּם שְׁבוּעַת בִּיטּוּי.

The Gemara explains: It was necessary to state the dispute in the case of a bailee as well, as if they would teach it to us only in the case where one took an oath that so-and-so threw a stone, it may have been understood that it is only in this case that Rav says that the person taking the oath is exempt, since he is taking a false oath of his own accord, but in the case in the mishna here, where it is the court that is administering the oath to him, say that Rav concedes to Shmuel that he is exempt, in accordance with the statement of Rabbi Ami. As Rabbi Ami says: In the case of any oath that is administered by the judges, one is not liable to bring a sin-offering for falsely taking an oath on an utterance.

וְאִי אִיתְּמַר בְּהָא – בְּהָא קָאָמַר שְׁמוּאֵל, אֲבָל בְּהָךְ אֵימָא מוֹדֶה לֵיהּ לְרַב; צְרִיכָא.

And conversely, if the dispute had been stated only in this case, i.e., the case of the bailee to whom the court administers the oath, one might have said: It is in this case that Shmuel says that he is exempt, in accordance with Rabbi Ami’s statement, but in a case where one took an oath that so-and-so threw a stone, say that Shmuel concedes to Rav that he is liable. Therefore, it is necessary for the dispute to be stated in both cases.

גּוּפָא – אָמַר רַבִּי אַמֵּי: כׇּל שְׁבוּעָה שֶׁהַדַּיָּינִין מַשְׁבִּיעִין אוֹתָהּ, אֵין בָּהּ מִשּׁוּם שְׁבוּעַת בִּיטּוּי; שֶׁנֶּאֱמַר: ״אוֹ נֶפֶשׁ כִּי תִשָּׁבַע לְבַטֵּא בִשְׂפָתַיִם״ – מֵעַצְמוֹ. כִּדְרֵישׁ לָקִישׁ – דְּאָמַר רֵישׁ לָקִישׁ: ״כִּי״ מִשְׁתַּמֵּשׁ בְּאַרְבַּע לְשׁוֹנוֹת: אִי, דִּלְמָא, אֶלָּא, דְּהָא.

Having mentioned Rabbi Ami’s ruling, the Gemara discusses the matter itself: Rabbi Ami says: In the case of any oath that is administered by the judges, one is not liable for falsely taking an oath on an utterance, as it is stated in the verse: “Or if [ki] anyone swears clearly with his lips to do evil or to do good, whatever it is that a man shall utter clearly with an oath, and it is hidden from him…and the priest shall make atonement for him concerning his sin” (Leviticus 5:4–6). Only if one takes the oath of his own accord is he liable, as the verse can be understood in accordance with the statement of Reish Lakish. As Reish Lakish says: The term ki has four distinct meanings: If, perhaps, rather, and as. According to Rabbi Ami, its meaning in the above verse is: If, indicating that only if one takes the oath of his own accord is he liable.

רַבִּי אֶלְעָזָר אוֹמֵר: כּוּלָּן פְּטוּרִין מִשְּׁבוּעַת שׁוֹמְרִין וְחַיָּיבִין מִשּׁוּם שְׁבוּעַת בִּיטּוּי; חוּץ מֵ״אֵינִי יוֹדֵעַ מָה אַתָּה סָח״ דְּשׁוֹאֵל, וּגְנֵיבָה וַאֲבֵידָה דְּנוֹשֵׂא שָׂכָר וְשֶׁבְּשׂוֹכֵר – שֶׁהוּא חַיָּיב, שֶׁהֲרֵי כְּפָרוֹ מָמוֹן.

Rabbi Elazar says: All of them, i.e., all those listed in the mishna as exempt, are exempt from bringing a guilt-offering for taking an oath of the bailees, but they are liable to bring a sin-offering for taking an oath on an utterance, except for a borrower who says: I do not know what you are talking about, and a paid bailee or a renter who claims that the deposit was stolen or lost. In these cases, the bailee is liable for taking an oath of the bailees, as he denied a monetary claim, meaning that he wanted to render himself exempt from liability to pay. This halakha is in accordance with the opinion of Rav.
This chapter explained that a bailee who makes a false claim and takes an oath to that effect is not always liable for falsely taking an oath of the bailees. The principle with regard to this matter was stated at the end of the mishna: Any bailee who makes a false claim that would in any case not render him exempt from liability to pay, and takes an oath to that effect, is not liable for falsely taking an oath of the bailees.

הֲדַרַן עֲלָךְ אַרְבָּעָה שׁוֹמְרִין, וּסְלִיקָא לַהּ מַסֶּכֶת שְׁבוּעוֹת

Want to follow content and continue where you left off?

Create an account today to track your progress, mark what you’ve learned, and follow the shiurim that speak to you.

Clear all items from this list?

This will remove ALL the items in this section. You will lose any progress or history connected to them. This is irreversible.

Cancel
Yes, clear all

Are you sure you want to delete this item?

You will lose any progress or history connected to this item.

Cancel
Yes, delete