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SHEVUOS 38

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SUMMARY 1. Rebbi Meir maintains if a person swears to several people saying, "I swear that I don't have your Pikadon in my possession, and not to you, and not to you," he is Chayav a Korban for each one.   2. Shmuel says that according to Rebbi Yehudah if he swears, "I don't have your Pikadon in my possession, and not to you, and not to you," it is a Klal and he is only Chayav one Korban.   3. Rebbi Yochanan maintains that even according to Rebbi Yehudah if he swears, ". not to you, not to you," he is Chayav a Korban for each one.   4. If a person swears a Shevu'as ha'Pikadon that he does not have in his possession wheat, barley, or spelt he is Chayav a Korban for each one.   5. Rebbi Yochanan maintains that if one swears a Shevu'as ha'Pikadon on a number of items, if the items altogether are worth one Perutah he is Chayav a Korban.   6. If five people are claiming from a person a Pikadon, a loan, and Gezel, and he swears, "I do not have in my possession a Pikadon, a loan, and Gezel, and not to you and not to you," it is regarded as a Shevu'as Perat to each of them.   7. If a person claims that his friend raped or seduced his daughter, and the defendant denies it with a Shevu'ah, there is a disagreement about whether he is Chayav a Shevu'ah.   8. When a person makes a Shevu'ah for admitting to a portion of a claim, he must hold a Sefer or Tefilin in his hands.   9. When a person makes a Shevu'ah for admitting to a portion of a claim, he must stand. A Talmid Chacham may sit.

A BIT MORE 1. However, if he swears, "I don't have your Pikadon in my possession, not to you, not to you," without the word "and," it is regarded as one general Shevu'ah (Klal) and he is Chayav only one Korban.   2. However, if he swears, "I don't have your Pikadon in my possession, not to you, not to you," without the word "and," it is regarded individual Shevu'os (Perat) and he is Chayav a Korban for each one.   3. In the opinion of Rebbi Yochanan, the only case of Klal according to Rebbi Yehudah is when he swears, "I don't have in my possession the Pikadon of any of you." In that case, he is Chayav only one Korban.   4. Rebbi Meir says even if the claimant claimed Chitah, Se'orah, and Kusemes, there is a Chiyuv Korban for each one. "Chitah" also implies the plural of Chitim. "Se'orah" implies the plural of Se'orim. "Kusemes" implies the plural of Kusmin.   5. However, there is a disagreement between Rebbi Acha and Ravina whether the items combine to a Perutah only if he swears a Shevu'as Klal. If he swears a Shevu'as Perat, such as, "I do not have in my possession wheat and barley and spelt," they do not combine to a Perutah. According to one opinion, even in the case of a Shevu'as Perat they combine to a Perutah because a Shevu'as Perat also includes a Shevu'as Klal.   6. He is Chayav three Korbanos for each one of the claimants, or fifteen Korbanos altogether.   7. Rebbi Shimon maintains that he is exempt from a Korban because one of the payments is a Kenas. There is no Chiyuv Korban for a Kenas since he is exempt from payment upon his own admission. Even though there are other Chiyuvim besides the Kenas, the claimant is likely making his claim on the Kenas, not on the other payments, since a Kenas is a fixed amount. The Rabanan maintain that he is Chayav a Korban because the claimant is likely making his claim on the other payments, not the Kenas, since he cannot get out of the other payments by admitting to it.   8. If the judges fail to give him a Sefer or Tefilin to hold while he swears, it is regarded as if they erred in something that is explicit in the Mishnah. They must have him make another Shevu'ah.   9. When an ordinary person makes a Shevu'ah, he must hold a Sefer Torah. A Talmid Chacham l'Chatchilah may hold Tefilin.

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