Shevuos Daf 39 חג השבועות דַף 39

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1. The severity of swearing falsely

A Baraisa teaches that Beis Din warns the defendant about the severity of swearing falsely. They say: הוי יודע שכל העולם כולו נזדעזע – you must know that the entire world trembled בשעה שאמר הקדוש ברוך הוא בסיני – when Hashem said at Har Sinai, "לא תשא את שם ה' אלקיך לשוא" – You shall not take the Name of Hashem, your G-d, in vain. The Gemara below explains that the world’s trembling was because of the next severity taught by the Baraisa, that although for all other aveiros, the Torah says "ונקה" – and [Hashem] will absolve (the transgressor), but regarding swearing falsely, the Torah says "לא ינקה" – [Hashem] will not absolve him. Even if he repents, he must still suffer punishment. Furthermore, regarding other aveiros, only the actual sinner is punished, but for swearing falsely, his family is also punished, and the whole world is as well. The Gemara clarifies that for other aveiros, the sinner’s family is punished with a lighter punishment (if they protected him), but the family of one who swears falsely receives the same severe punishment as the sinner. And although for all aveiros, others who could have protested (but did not) are also punished, swearing falsely brings suffering to the whole world, even if they could not have protested.

2. Machlokes if a כפירה of שתי כסף is required for מודה במקצת

The Mishnah taught that a shevuah of מודה במקצת requires a minimum "טענה" – claim of two silver ma’os, and an admission of a perutah. Rav explains that the first phrase means to require כפירת טענה שתי כסף – a denial of a claim of two silver [ma’os], i.e., the amount denied after the admission must be a minimum of two silver ma’os. Shmuel says: טענה עצמה שתי כסף – only the claim itself requires two silver [ma’os], but either the admission or the denial can be as little as a perutah. Rava says that the Mishnah reads more precisely according to Rav, and pesukim read more precisely according to Shmuel. The Mishnah states that a "טענה" of two silver is required, and an admission of a perutah is required, but did not state that a denial of a perutah is sufficient, implying that the required "טענה" of two silver ma’os refers to the denied portion of the claim. A Baraisa is quoted on the next Daf in support of Rav.

3. The comparison of כסף and כלים regarding מודה במקצת

Rava said that pesukim read more precisely according to Shmuel, who does not require a denial of more than a perutah. The passuk says: כי יתן איש אל רעהו כסף או כלים לשמור – when a man gives his fellow silver or utensils to watch, teaching to compare the two items: מה כלים שנים אף כסף שנים – just as “utensils” (being plural) are at least two, so too “silver” means a minimum of two silver coins. Also, מה כסף דבר חשוב – And just as silver is significant (i.e., valuable), אף כל דבר חשוב – so too all other items claimed (besides utensils) must be significant (and have a value of two silver ma’os). Thus, the passuk is discussing a claim of two ma’os, and states that if the שומר responds "כי הוא זה" – “This is it,” (i.e., I only owe you “this” smaller amount), he must swear. This indicates that one swears for a denial of less than two ma’os, like Shmuel holds. Rav ultimately responds that the word "כסף" in the passuk is coming to teach the minimum requirement for כפירה – denial, and not the total claim. If not, the word "כסף" is extra, since the requirement of two silver ma’os could have been derived from "כלים". Shmuel counters that "כסף" teaches to require דבר חשוב – a significant item.

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