Shevuos 45a

שבועות מ״ה ע״א

Shevuot 45a

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Topic

Suspect litigants, the oaths of those who swear and collect, and why the רבנן let a hired worker swear and collect his wages.

Overview

This amud finishes the משנה about oaths and begins the גמרא. A person who swore falsely is suspect about oaths. So are people who take money unfairly, like dice players and lenders with interest. When one side is suspect, the other side swears and collects. If both are suspect, רבי יוסי and רבי מאיר disagree about what happens. The משנה then explains the storekeeper's ledger case, where בן ננס objects to letting two people swear opposite things. Next come disputes between a customer and a storekeeper or money changer, where רבי יהודה disagrees with the first opinion. The משנה then lists cases where a woman collects her כתובה, or orphans collect a debt, only with an oath. It ends with people who must swear even without a specific claim. In the גמרא, a פסוק shows that Torah oaths only free a person from paying. The גמרא then works hard to explain why the רבנן let a hired worker swear and collect. Its final answer is that the busy employer probably forgot to pay, and the oath puts his mind at ease.

Opening lines

The steps (39)

1. StatementAny false oath makes a person suspect
2. StatementRabbinic categories of suspect people, and the other side swears
3. StatementBoth sides suspect: רבי יוסי says the oath returns to its place
4. Statementרבי מאיר says they split the money
5. QuestionHow does the storekeeper's ledger case work?
6. ResponseThe case: the customer sent his son or workers to the storekeeper
7. Challengeבן ננס: how can we let both sides swear?
8. Statementבן ננס's ruling: both collect without an oath
9. StatementCustomer claims he already paid the storekeeper
10. StatementStorekeeper claims he already gave the produce
11. StatementWhoever holds the produce has the upper hand
12. StatementThe same two cases with a money changer
13. StatementA money changer never hands over coins before being paid
14. StatementCases where a woman collects her כתובה only with an oath
15. StatementOrphans collect their father's debt only with an oath
16. StatementEven a son born after his father died swears
17. StatementNo oath if the father declared the loan unpaid
18. StatementPeople who swear even without a specific claim
19. StatementLimits on the oath: after dividing, carrying over, and שביעית
20. QuestionWhere do we learn that Torah oaths free a person from paying?
21. ResponseThe פסוק: the one who would pay is the one who swears
22. QuestionWhy does the hired worker get to swear and collect?
23. Responseשמואל: great הלכות were taught here
24. ChallengeAre these really 'הלכות'?
25. ResolutionCorrect it to 'great תקנות'
26. ChallengeDoes 'great' imply some enactments are small?
27. ResolutionFixed enactments: the oath moved to the worker for his livelihood
28. ChallengeWhy should the employer lose out for the worker?
29. ResolutionThe employer also gains, since workers will agree to work for him
30. ChallengeThe worker could gain from the opposite rule
31. ResolutionThe employer has no choice but to hire
32. ChallengeThe worker also has no choice
33. ResolutionNew reason: the employer is busy with his workers
34. ChallengeThen pay him without any oath
35. ResolutionThe oath calms the employer's mind
36. ChallengeWhy not pay in front of witnesses?
37. ResolutionWitnesses are too much trouble
38. ChallengeWhy not pay at the start?
39. ResolutionBoth sides prefer paying later