Gemara Clarity

Shevuos 41a

שבועות מ״א ע״א

Shevuot 41a

Learn Shevuos 41a step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Shevuos 41a in Gemara Clarity

Topic

Torah oaths versus rabbinic oaths, enforcing a rabbinic oath, a lender's oath on a שטר, and repaying a loan made in front of witnesses

Overview

The גמרא finishes the second version of רב נחמן's rabbinic oath (שבועת היסת): it applies only when there is some money connection (דררא דממונא) between the two sides. Then it asks what practical difference there is between a Torah oath and a rabbinic oath. The answers keep shifting to fit different opinions. First comes turning the oath over to the claimant (מיפך שבועה). Next, the court seizing the defendant's property. Finally, moving the oath to the claimant when the defendant is חשוד על השבועה, which is done only for a Torah oath, because we do not make one enactment on top of another. According to the רבנן who don't seize property for a rabbinic obligation, a person who refuses the oath is put in שמתא for a limited time, then given lashes and left alone. Next, רב פפא rules that a borrower who claims a שטר was paid must pay, but he can demand that the lender swear. רב אשי explains how this differs from פוגם את שטרו, and רב יימר rules that the court simply does not take up the case of a צורבא מרבנן lender. Finally, רב אסי teaches that a loan made in front of witnesses must be repaid in front of witnesses. שמואל weakens this, and the גמרא begins challenging it from the משנה.

Opening lines

וּמַאן דְּמַתְנֵי לַהּ אַסֵּיפָא –

And the one who teaches it on the latter clause –

הָכָא הוּא דְּאִיכָּא

it is here that there is

דְּרָרָא דְמָמוֹנָא,

a money connection [so he swears],

אֲבָל הָתָם דְּלֵיכָּא

but there, where there is no

The steps (21)

  1. StatementThe second version limits the oath to cases with a money connection
  2. QuestionWhat practical difference is there between a Torah oath and a rabbinic oath?
  3. ResponseFirst answer: only a rabbinic oath can be turned over
  4. ChallengeAccording to מר בר רב אשי, a Torah oath can also be turned over
  5. ResolutionSecond answer: only for a Torah oath does the court collect from property
  6. ChallengeAccording to רבי יוסי, the court collects from property even for rabbinic obligations
  7. ProofThe source for רבי יוסי: even a rabbinic debt is collected by the court
  8. ResolutionThe difference is when the defendant is suspected of swearing falsely
  9. QuestionWhat do the רבנן do to someone who refuses a rabbinic oath?
  10. ResponseWe place him in שמתא
  11. Challengeרבינא: a ban is no gentler than taking his money
  12. Resolutionרב אשי: a limited ban, then lashes, then we leave him alone
  13. StatementA borrower who claims the note was already paid
  14. ChallengeHow is this different from a lender who admits partial payment?
  15. ResolutionIn one case the court raises the claim; in the other the borrower must
  16. StatementA Torah scholar lender is not made to swear
  17. ChallengeCan a scholar just take people's money?
  18. ConclusionThe court does not take up the scholar's case
  19. StatementA loan made with witnesses must be repaid with witnesses
  20. Rejectionשמואל: the borrower can say his witnesses went overseas
  21. ChallengeChallenge to רב אסי from the משנה's case