Shevuos Daf 35 חג השבועות דַף 35

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1. Exemptions from שבועת העדות (e.g., not specifying witnesses)

The next Mishnah lists several exemptions from שבועת העדות. If one demands that עדים testify that someone promised to give him money, they are exempt for denying it, since the benefactor can retract his pledge. If one is משביע witnesses to testify "כשתדעו לי עדות" – when you become aware of testimony for me, they are exempt, מפני שקדמה שבועה לעדות – because the oath preceded the knowledge of the testimony. If one stood in a בית הכנסת and said, “I am משביע you to testify for me,” they are exempt, until he specifies עדים. In the Gemara, Shmuel adds: אפילו עדיו ביניהן – even if his witnesses are among them, which is explained to mean that he is standing near them (where one might think he was addressing them). However, a Baraisa teaches that if he was משביע “כל העומדין כאן” – everyone standing here, that is considered specifying them. If the denied testimony was invalid, such as עד מפי עד – known by a witness hearing from another witness, or a witness was פסול, they are exempt. The Mishnah concludes that if one is משביע witnesses through his slave or שליח, they are not liable.

2. Which שמות (or parts of שמות) may not be erased

The next Mishnah teaches that if one is משביע witnesses "בשמים ובארץ" – by heaven and earth, they are exempt. But if he was משביע using Hashem’s Names, such as the one beginning with א'-ד', or with חנון – Gracious One, or רחום – Merciful One, they are liable. The Gemara asks that this contradicts a Baraisa, which lists which Names are prohibited to be erased (as Names of Hashem). קל, אלקיך, and others may not be erased, but הגדול – the Great, and others, including חנון and רחום, may be erased, because they are not Names of Hashem!? Abaye answered that in our Mishnah, the משביע means במי שהוא חנון – by [the Name] of the One Who is compassionate, because there is nothing else called חנון or רחום. In contrast, "בשמים ובארץ" may literally mean to be משביע by the heavens and earth. If one wrote just the א' and ל' from אלקים, or the י' and ה' from Hashem’s Name, they already cannot be erased, because each spells a Name of Hashem. Another Baraisa teaches that the prefixes before Hashem’s Name may be erased, such as the ל' in לה'. Tannaim argue if the suffixes may be erased, such as the "נו" in אלקינו.

3. שמות in the Torah (גדולה הכנסת אורחים)

A Baraisa lists numerous names of Hashem in Tanach and discusses which actually refer to Hashem. All the שמות written in connection with Avraham are קודש – sacred (i.e., Divine Names), except where he said, "אדני" – my master, if I have found favor in your eyes, (please do not pass away from your servant). However, Rebbe Elazar HaModa’I was quoted saying that this is also קודש. This opinion is followed by Rav, who derived from here: גדולה הכנסת אורחין יותר מהקבלת פני שכינה – receiving guests is greater than receiving the Shechinah, which is why Avraham went to receive guests although the Shechinah was present. All the שמות written by לוט are חול – not sacred, except where he mentions his life being saved. Tannaim debate the שמות in the incident of פלגש בגבעה, based on their losing in battle twice after being told to go. Tannaim also debate the numerous appearances of the name "שלמה" in שיר השירים, where it usually refers to מי שהשלום שלו – the One to Whom peace belongs. The word "מלך" – king in דניאל is also discussed.

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