Shevuos 48b

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Shevuot 48b

Learn Shevuos 48b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Can a son collect a debt by oath when his father would have needed an oath? The challenge to רב ושמואל's rule (אין אדם מוריש שבועה לבניו), רב יוסף's answer, and רב נחמן's decision to limit the rule.

Overview

The amud opens by finishing a ברייתא that seems to contradict רב ושמואל. Their rule is that a father cannot pass down to his son an oath he would have had to take. רב יוסף answers that the ברייתא follows בית שמאי. רב נחמן refuses to overturn רב ושמואל, but he rules that their rule should not be extended. Two attempts to treat a case as outside the rule are rejected: a guarantor, and a brother as heir. רב חמא says the הלכה was never decided between רב ושמואל and רבי אלעזר, so a judge who follows either one has ruled properly. רב פפא therefore says an orphans' document is neither torn up nor used to collect. The גמרא then explains the משנה: partners, sharecroppers and a household manager swear even on a 'maybe' claim, because they tend to allow themselves to take. That oath requires a denied claim worth two silver מעה, like רב. Finally, a ברייתא about שביעית proves that other claims can be rolled onto a rabbinic oath. The amud ends as רב הונא begins a new statement.

Opening lines

The steps (29)

1. ChallengeThe ברייתא: The Son Can Be Stronger Than the Father
2. ChallengeThe Contradiction to רב ושמואל Is Spelled Out
3. Resolutionרב יוסף: The ברייתא Follows בית שמאי
4. StatementA Proposal to Overturn רב ושמואל
5. Conclusionרב נחמן: Don't Uproot It, Just Don't Extend It
6. StatementExample: רב פפא's Case of a Weakened Document
7. StatementThe case of a borrower who died and left a guarantor
8. RejectionThe guarantor will go after the orphans anyway
9. StatementThe case of a lender who died and left a brother
10. RejectionFather or brother makes no difference
11. StatementA judge may follow either opinion
12. ConclusionThe orphans' document is neither torn nor used to collect
13. StatementA judge rules like רבי אלעזר and a scholar objects
14. Conclusionרב חמא backs the judge's ruling
15. ChallengeWould anyone swear when nobody claims anything?
16. ResolutionThey swear even on an 'I'm not sure' claim
17. StatementWho counts as a בן בית
18. QuestionWhy are these people different?
19. ResponseThey tend to allow themselves to take
20. StatementThe oath needs a claim worth two silver coins
21. ChallengeDoes this follow שמואל against רב?
22. ResolutionRead it as the denied part, like רב
23. QuestionCan a rabbinic oath carry other claims along with it?
24. ProofA baraita: a loan before שביעית
25. ProofThe inference: in other years, we do roll on
26. RejectionMaybe the inference points to the reverse case
27. ChallengeThe reverse case is already stated openly
28. ConclusionWe do roll onto a rabbinic oath
29. Statementרב הונא begins a new statement