Gemara Clarity

Shevuos 46b

שבועות מ״ו ע״ב

Shevuot 46b

Learn Shevuos 46b step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Shevuos 46b in Gemara Clarity

Topic

Limits on believing someone who says 'I bought it,' who may take the robbed person's oath, the injured person's oath, and which false oaths make a person חשוד

Overview

The amud opens with a ruling: someone who carries items out of a homeowner's house and says 'I bought them' is not believed. The גמרא then narrows this rule five times, and a ruling of רב הונא בר אבין and a case where רבא took items back from orphans back up the last limit. רבא rules that a watchman, and even his wife, can take the oath of a robbed person. רב פפא asks about a hired worker or harvester, and that question ends in תיקו. רב אשי rules that a robbed person can swear about a silver cup only if he is wealthy or people leave deposits with him. Next, שמואל teaches that an injured person collects without an oath if he could not have hurt himself, such as a bite on his back when no one else was there. Finally, the גמרא explains why the משנה says 'even a שבועת שוא' makes a person חשוד, and why שבועת ביטוי is not listed. A challenge about past-tense oaths gets an answer that continues on the next amud.

Opening lines

וְאָמַר ״לְקוּחִין הֵן בְּיָדִי״

and he says, 'They are bought, in my hands'

אֵינוֹ נֶאֱמָן.

he is not believed.

וְלָא אֲמַרַן אֶלָּא

And we only said this

בַּעַל הַבַּיִת שֶׁאֵינוֹ עָשׂוּי לִמְכּוֹר כֵּלָיו,

about a homeowner who does not usually sell his items,

The steps (24)

  1. StatementA person who claims he bought the items is not believed
  2. StatementFirst limit: only a homeowner who does not usually sell his things
  3. StatementSecond limit: only items that people do not usually hide
  4. StatementThird limit: only a person who is not secretive
  5. StatementFourth limit: only when the homeowner says 'borrowed,' not 'stolen'
  6. StatementFifth limit: only items people usually lend or rent out
  7. ProofSupport from the ruling of רב הונא בר אבין
  8. ProofA real case: רבא takes scissors and a book back from orphans
  9. Statementרבא: a watchman, and even his wife, can take the oath
  10. Questionרב פפא asks about a hired worker or a harvester
  11. ConclusionThe question stays unresolved
  12. QuestionWhat if the robbed person claims a silver cup?
  13. ResponseIt depends on whether he is the kind of person who would have one
  14. StatementAn injured person collects without an oath if he could not have hurt himself
  15. ChallengeMaybe he rubbed against a wall
  16. ResolutionA bite on his back or elbows
  17. ChallengeMaybe someone else bit him
  18. ResolutionNo one else was there
  19. QuestionWhy does the משנה say 'even a שבועת שוא'?
  20. ResponseThe משנה builds from obvious to less obvious
  21. ChallengeWhy not also list the oath of utterance?
  22. ResolutionOnly oaths that are false when spoken are listed
  23. ChallengeWhat about an oath about the past?
  24. ResolutionReading 'oath in vain' differently