Shevuos 37a
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Shevuot 37a
Learn Shevuos 37a step by step: Aramaic beside English, every question, answer and proof colour-coded.
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Topic
A warned, deliberate false deposit oath: מלקות, קרבן, or both, and רבה's rule that denying a debt that has witnesses brings no קרבן
Overview
רב כהנא asks about someone who deliberately swears falsely about a deposit (שבועת הפקדון) after witnesses warned him. Does he bring the usual אשם, get only מלקות, or get both? A first proof from a ברייתא is pushed aside in two ways. רבא בר איתי says it follows only רבי שמעון. רב כהנא says the correct wording of the ברייתא never mentions מלקות. Further proofs fall away because they might be about someone who was never warned. A ברייתא comparing a נזיר טמא to a deposit oath is also deflected: 'not flogged' may simply mean that lashes alone do not finish his case. רבה then objects that when witnesses exist, a false denial is only empty words. This shows he holds that denying a debt that has עדים brings no קרבן. רבה himself turns down a ברייתא offered in his support, and the גמרא begins a list of proofs against his rule, starting with a משנה about two sets of witnesses.
Opening lines
לְהוּ: הֵזִיד בִּשְׁבוּעַת הַפִּקָּדוֹן
to them: If one intentionally swore falsely about a deposit
וְהִתְרוּ בּוֹ, מַהוּ?
and they warned him, what is the law?
כֵּיוָן דְּחִידּוּשׁ הוּא –
Since it is a novelty,
דִּבְכׇל הַתּוֹרָה לָא אַשְׁכְּחַן
for in the entire Torah we do not find
The steps (25)
- QuestionWarned intentional false deposit oath: lashes, offering, or both?
- ProofProof from a ברייתא: lashes, not an offering
- QuestionWhy lashes count as the stricter result
- RejectionThe ברייתא follows only רבי שמעון
- Rejectionרב כהנא says the ברייתא actually reads differently
- ChallengeWhy not answer the question from רב כהנא's own wording?
- ResolutionMaybe the case is one with no warning
- ProofAnother version: a proof from a source saying intentional brings an אשם
- RejectionAgain, maybe he was not warned
- ProofProof from comparing an impure nazir to a deposit oath
- RejectionNot flogged means not settled by lashes alone
- ChallengeBut the impure נזיר also brings an offering
- ResolutionThe נזיר's offering is to restart his נזירות in purity
- Challengeרבה asks: with witnesses, the denial is just empty words
- Conclusionרבה holds that denying money that has witnesses is exempt
- Proofרב חנינא brings a ברייתא to support רבה
- Rejectionרבה: the ברייתא is about someone who admits the loan
- Proofרבה points to the brothers case to back his reading
- QuestionWhat is the brothers case? Not admitting only one brother's half
- ResponseHe admits the whole debt but says he borrowed from only one brother
- ConclusionThe whole ברייתא is about denying details only
- ProofProof from the משנה that an intentional false oath brings an אשם
- RejectionNo: the משנה means he admits on his own
- ProofProof from two sets of witnesses who both denied
- QuestionWhy is the first set liable if the second set was still there?