Question: This teaches about a Gilgul oath about Isurim. What is the source for a Gilgul oath in monetary cases?

Answer (Tana d'Vei R. Yishmael): We learn a Kal va'Chomer. One witness cannot make a Sotah swear, yet when she swears, Gilgul applies;

In monetary cases, one witness can force someone to swear. All the more so, Gilgul applies!

Question: This teaches about monetary oaths in which the initial oath is due to a definite claim. What is the source for Gilgul when the primary oath is due to a doubtful claim?

Answer (Beraisa - R. Shimon): The Torah discusses oaths outside (the Mikdash, i.e. monetary oaths in Beis Din) and oaths inside (the Mikdash, i.e. Sotah). Just like we do not distinguish definite claims from doubtful claims regarding (Gilgul in) Sotah, also regarding money.

Question: To what extent can one force an oath through Gilgul?

Answer (Rav Yehudah): Reuven can even force a man to swear that he is not Reuven's slave.

Objection: We would excommunicate Reuven for suggesting that!

(Beraisa): If Reuven calls Shimon (a Yisrael) a slave, Reuven is excommunicated. If he calls him a Mamzer, he receives 40 lashes. If he calls him a Rasha, Shimon may ruin Reuven's income.

Answer: He means, Reuven may force a man to swear that he is not Reuven's Eved Ivri.

Question: That is a proper monetary claim. Why is it considered a Chidush?

Answer: Rava holds that a master bodily owns his Eved Ivri, so it is unlike an oath about Metaltelim.

Question: It is like a normal oath about land. It is not a bigger Chidush than the Mishnah!

Answer: One might have thought that one can force a Gilgul oath about land, since it is often sold quietly, but there is publicity when one is sold to be a slave, so if the claim was true, we would know! (Since we did not hear about this, he cannot make him swear about it!)

Rav Yehudah teaches that this is not so. H e can make him swear.

(Mishnah): Anything that is used like money to buy something else, once one party acquires, the other party is obligated (suffers any loss to the object he bought, i.e. the transaction is complete).

E.g. if an ox was exchanged for a cow, or a donkey for an ox, once one party acquired, the other party is liable (suffers any loss to the animal he wanted to buy).

(Gemara) Inference: Coins are used to buy things. Our Mishnah teaches that coins can be used for Chalipin!

Rejection (Rav Yehudah): No. The Mishnah means that anything that must be appraised when used to buy something, once one party acquires, the other party suffers any loss to the object he bought.

Support: The Mishnah gives examples of an ox exchanged for a cow, or a donkey exchanged for an ox.

Question: According to the Havah Amina (our initial understanding of the Mishnah), how did we understand these examples?

Answer: The Mishnah teaches that not only Kelim can be used as Chalipin. E.g., if an ox was exchanged for a cow, or a donkey for an ox, once one party gets his animal, the other suffers any loss to the other animal.

This is like Rav Sheshes, who does not require a Kli for Chalipin.

Question: Rav Nachman holds that only Kelim make Chalipin. How could he explain the Havah Amina?

Answer: The Mishnah teaches that money sometimes makes Chalipin, e.g. if one exchanged the value of an ox (he already bought it, but did not pay for it yet) for a cow, or the value of a donkey for an ox.

Question: Why does this work?

Answer: This is like R. Yochanan, who says that mid'Oraisa, money acquires Metaltelim;

Chachamim decreed that Meshichah works (but money does not), lest damage occur to the sale item while it is still in the seller's domain, and he will not be zealous to save it;

Chachamim decreed only in common cases, but not when one buys with credit from a previous sale.

Reish Lakish holds that we learn Meshichah for Metaltelim from the Torah. If he holds like Rav Sheshes, he can explain the Mishnah like Rav Sheshes.

Question: If he holds like Rav Nachman, how can he explain the Mishnah?

Answer: He must hold like Rav Sheshes.

(Mishnah): The acquisition of (and from) Hekdesh is with money;

Saying 'I give this to Hekdesh' is like Mesirah (handing it over) to a person.

(Gemara - Beraisa) Question: How does Hekdesh acquire with money?

Answer: If the Gizbar (treasurer of Hekdesh) gave money to buy an animal, even if it is not here, Hekdesh acquires it;

A person would not acquire it until he did Meshichah.

Question: How is saying 'I give this to Hekdesh' like Mesirah to a person?

Answer: If one says 'this ox is an Olah', or 'this house is Hekdesh', even if the ox or house is not here, it takes effect;

A person would not acquire until he did Meshichah on the ox or Chazakah on the house.