Shevuos Daf 48 חג השבועות דַף 48

The Mishnah on Daf 45a taught, as the Gemara explains, that יתומים may only collect from other יתומים with a shevuah (that they received no information that the debt was paid), just like their father would have to swear to collect from the יתומים. Rav and Shmuel say this only applies if the lender died first, but if the borrower died first, כבר נתחייב מלוה לבני לוה שבועה – the lender himself was already obligated to the borrower’s children to take a shevuah to collect from them (since one can only collect from יתומים with a shevuah), ואין אדם מוריש שבועה לבניו – and one cannot bequeath a debt requiring a shevuah to his children, since the father would have had to swear that he did not collect the debt, and his children can only swear that they are not aware that the debt was collected. Rebbe Elazar disagreed, and ruled that the יורשין collect with their shevuah.

Rav Nachman was asked to uproot the ruling of Rav and Shmuel, which he refused to do, but said: הבו דלא לוסיף עלה – prepare not to add to it, i.e., it should not be applied to any other shevuah required to collect. Rav Chama said that whether a judge rules like Rav and Shmuel, or like Rebbe Elazar, the ruling is valid.

The Mishnah enumerated those who must swear "שלא בטענה" – without a claim made against them. The Gemara reinterprets the Mishnah: ואלו נשבעין שלא בטענת ברי – And these [parties] must swear without a certain claim made against them, אלא בטענת שמא – but with an uncertain claim made against them (i.e., “You may have kept some of my property; swear that you did not.”). Partners, sharecroppers, a woman who manages her husband’s possessions, and a "בן בית" – member of the household. A Baraisa clarifies that this last case does not mean one who walks in and out of the properties, but one who manages their financial affairs. The Gemara explains why these people must swear based on an uncertain claim: משום דמורו בה התירא – because they rationalize a permit for themselves to retain some of the possessions for themselves, since they worked to manage the properties.

Rav Nachman said this only applies where the claim is at least two silver ma’os, which is revised to be a denial of two silver ma’os (the standard requirement for a shevuah of מודה במקצת).

The Mishnah taught that after שותפין or sharecroppers divided their shares, they can no longer force each other to swear without a definite claim. However, if one had to swear to the other for another reason, he must swear against any claim made against him, including possibly having retained some property during that time, through the principle of גלגול שבועה. The Gemara asks: מהו לגלגל בדרבנן – what is the halachah regarding “rolling” a shevuah based on a Rabbinic [shevuah]? If an אריס later became obligated in a שבועה דרבנן, can he be forced to swear he did not steal anything as an אריס?

Rav Huna and Rav Chisda both said we are מגלגל from any שבועה דרבנן, except for that of a שכיר – hired worker who swears to collect his wages from the employer who claims he paid him, since that shevuah is only made to appease the employer (who may mistakenly think he paid). A difference in wording between Rav Huna and Rav Chisda indicates that they argue לפתוח לו – if Beis Din suggests to [the תובע] that he be מגלגל other shevuos, or if he must request it himself.