Why does the Torah insert the (otherwise superfluous) words "Nefesh ki Secheta"?
Sotah, 33a: In order to learn, via a Gezeirah Shavah "Nefesh ki Secheta" "Nefesh ki Secheta" from Shevu'as ha'Eidus, Vayikra, 5:1, in that, like Shevu'as ha'Eidus, one is liable 1. to bring an Asham Gezeilos for swearing in any language. 1 2. for Meizid as well as for Shogeg - Kerisos, 9a, and 3. for an Alah 2 as well as for a Shevu'ah - Yerushalmi, Shevu'os, 5:1.
Oznayim la'Torah: "Nefesh ki Secheta" refers to Reuven who, in one way or another, took possesion of Shimon's article, and "u'Ma'alah bo Ma'al", to the false Shevu'ah that he subsequently made - as the Pasuk goes on to explain..
What are the connotations of the phrase "u'Ma'alah Ma'al ba'Hashem"?
Rashi 1: When a person deposits money by a friend 1 without witnesses - because he wants nobody, other than the Third Party between them (Hakadosh-Baruch-Hu) to know about it - in the event that he subsequently denies the claim, he is denying the Third Party between them. 2
Rashi #2 (in Divrei ha'Yamim 1, 11:3): Whenever a person makes a condition or enters into a covenant, Hashem is present. 3
Ramban: Refer to Bamidbar, 5:6:4:2.
Sifra: To include in Shevu'as ha'Pikadon someone who swears on Kodshim Kalim, which are considered Mamon Ba'alim whilst they are still alive, 4 but not after they have been Shechted, when they become Mamon Gavo'ah. 5
Refer to 5:21:0.1:2.
Rashi: As opposed to a loan, where there are generally witnesses or a document, and where it is them that the debtor denies.
See also Ba'al ha'Turim.
Rashi: As the Pasuk indicates in Shoftim, 11:11 (in connection with Yiftach).
See Torah Temimah, note 120.
Sifra: And the owner eats them as a guest at Hashem's Table.
What is the connection between "u'Ma'alah Ma'al ba'Hashem" and "ve'Kichesh ba'Amoso"
Oznayim la'Torah: To teach us that a person whose faith in Hashem is weak, is perfectly capable of stealing from people, and worse. 1
Refer to Bereishis, 20:11:1:1**
Why does the Torah place "Vekichesh" in between "ba'Hashem" and "ba'Amiso"?
Bava Metzi'a, 58b: "ba'Hashem Vekichesh" includes the owner of Kodshim in the Din of Asham Gezeilos if he is liable for their loss 1 and "Vekichesh ba'Amiso" exempts him if he is not.
See Torah Temmah, note 122.
What are the implications of "Vekichesh ba'Amiso"?
Shevu'os, 32a: It implies that one is Chayav irrespective of whether he swears of his own accord or because he is asked to do so. 1
Yerushalmi Shevu'os, 5:1: Ot implies that if he swears to one of two partners, he is Patur. 2
What does "O be'Fikadon" come to incorporate?
What is the definition of "Sesumes Yad"?
Rashi, Targum Onkelos and Targum Yonasan: It is money that Reuven gives Shimon to do business with, in the form of a business partnership.
Rashi #2: It is a loan.
Bav Metzi'a, 48a: It is a security that that the borrower designates for the creditor against the loan. 1
See Torah Temimah, note 128.
What is the meaning of "Ashak"?
