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