What are the connotations of ?ve?Nefesh ki Secheta??
Shevu?os 35a: We learn via a Gezeirah Shavah ?ve?Nefesh ki Secheta? from Shevu?as ha?Pikadon ? in 5:20 ? that it speaks where Reuven is claiming money which he already had, to preclude where wants him to testify that Shimon promised to ge him two hundred Zuz. 1
See Torah Temimah note 1.
What is "ve'Sham'ah Kol Alah ve'Hu Eid" referring to?
Rashi: It refers to someone who is asked by a litigant to swear that, if he is able to testify on his behalf, he will do so ? and he did in fact, witness the transaction in question.
Targum Yonasan: It is referring to someone who hears a person making an oath of curse. 1
Oznayim la'Torah: The Torah is referring to four different cases where Reuven knows testimony on behalf of Shimon but fails to testify: 1. Where he withholds it without being asked to testify; 2 2. Where he is the only witness and Shimon actually asks him to testify; 3 3. Where there is a second witness and Shimon asks them to testify without an oath; 4 4. Where Shimon asks them to testify under oath, and they deny any knowledge of the issue. 5
See also Peirush Yonasan.
In which case Hashem hates him. See Oznayim la'Torah, who elaborates on all the cases. who elaborates.
In which case he is Patur mi'Dinei Adam but Chayav be'Dinei Shamayim.
In which case he transgresses "Im Lo Yagid ... " ? but is Patur from a Korban Oleh va'Yored.
In which case they transgress "Im Lo Yagid ... " ? and are Chayav a Korban Oleh ve'Yored..
?Vesham?ah Kol Alah?. Why does the Torah insert the (otherwise superfluous) word ?Kol??
Shevu?os 35a: Because otherwise seeing as the word ?Alah? has connotations of an oath and a curse, 1 we would have thought that the witness is only Chayav if he declared both. ?Kol? teaches us that he Chayav for either of themr
Shevu?os: Like we find by Sotah in Bamidbar 5:21.
What sort of testimony is the Pasuk talking about?
Ramban: Testimony that is to the advantage of the litigant who is making him swear. 1
Shevu'os, 38a: Specifically, where his opponent's denial exempts him from the obligation to pay. See Torah Temimah, note 35a.
Why does the Torah insert "ki Secheta" before "Vesham'ah Kol Alah"?
She'iltos de'R. Acha'i Ga'on": To teach us that, although he is only Chayav a Korban, if he swears, it is considered a sin to refrain from testifying even without a Shevu'ah. 1
See also Oznayim la'Torah DH 've'Hu Eid'.
Why does the Torah write "Vesham'ah Kol Alah" and not simply 'Vehishbi'o'?
Tosefta Shevu'os, 1:2: To teach us that he is Chayav, irrespective of which language he made the Shevuah.
Tosefta Shevu'os, 1:3: To preclude a deaf person from the Chiyuv.
What is the definition of Kol Alah"?
Shevu'os, 35b: "Alah" is synonymous with "Shevu'ah". 1
See Torah Temimah, DH 'Ve'sham'ah Kol Alah" #5 and note 8.
What are the implications of "ve'Hu Eid"?
Shevu'os, 35a: It implies that the litigant asks the winesses directly, but not if he says to a group of people containing him 'Mashbi'a Ani aleichem Im Atem Yod'in li Eidus, she'Tavo'u Vete'iduni!' It does however, include where he says ' 'Kol ha'Omdim Ka'an'. 1
Yerushalmi Sanhedrin, 3: Bearing in mind that, whenever the Torah writes "Eid" S'tam, it means two witnesses, 2 it precludes where the litigant says to one witness 'I accept you as if you were two witnesses!'
See Torah Temimah, note 10.
Sanhedrin, 30a: Which we learn from the Pasuk in Devarim, 19:15 'Lo Yakum Eid Echad be'Ish" that.
What is the significance of the sequence of "ve'Hu Eid O Ra'ah O Yada'?
Shevu'os, 35a: It implies that the testimony must precede the Shevu'ah, and that consequently, if Reuven says to Shimon 'I am Mashbi'a you that, when you will know testimony on my behalf, you will come and testify', Shimon is Patur.
?ve?Hu Eid O Ra?ah O Yada?. How can one be a witness without seeing or knowing?
R. Bachye: #1 Where he corroborayes the signatures on a document without actually knowing its contents. 1
R. Bachye #2: ?ve?Hu Eid? hints at Hakadosh-Baruch-Hu, 2 ho knows what is in the heart of man - to remind the witness before whom he is quashing his evidence. 3
Like we find in Yeshayah 42:8 ?Ani Hashem Hu Sh?mi? and in Tehilim 100:3 ?Hu Asa?nu ve?Lo Anachnu?.
As the Pasuk writes in Tehimim 82:1 ?Elokim NItzav ba?Adas Keil?.
What are the implications of "ve'Hu Eid, O Ra'ah O Yada"?
Ramban #1 (citing Shevu'os, 33b): It implies a. 'Seeing without knowing' - Where Reuven claims that he counted out to Shimon in front of witnesses, which Shimon denies; b. 'Knowing without seeing' - Where Reuven claims that Shimon admitted to him that he owed him money in front of witnesses which Shimon denies. 1 2
Ramban #2: It implies that he is a witness - inasmuch as he either saw the entire transaction or that he knows about it (because the other litigant admitted it in his presence).
R. Bachye: ?O Ra?ah? (Seeing without knowing) ? where Reuven handed Shimon money in his presence but he does not know whether it is a loan, a repeayment of a loan or a deposit to look after on behalf of a third person; ?O Yada? (Knowing without seeing) ? where Reven admitted that he owes Shimon money without actually witnessing the transactioon. 3
Targum Yonasan: It implies that either he himself is a witness, or he saw somebody transgressing an oath or he knows of somebody who transgressed an oath - and declines to inform the Beis-Din. 4
What are the two words "O Ra'ah O Yada" coming to preclude?
What will be the Din in the event that Shimon swears of his own accord that he knows testimony on behalf of Reuven?
Yerushalmi Shevu'os, 5:1: We learn from Shevu'as ha'Pikadon, in Pasuk 21, via a Gezeirah Shavah "Nefesh" "Nefesh" that he is Chayav.
What are the implications of "Im Lo Yagid"?
Kesuvos, 18b: It implies that, once a witness has testified, he cannot testify again and change his testimony. 1
Gitin 71a: It precludes someone who is dumb from testifying in writing.
See Torah Temimah, note 22.
Why does the Torah insert the 'Vav' in the word "Lo Yagid"?
R. Bachye #1: It hints at the six people present when he refuses to swear ? the two litigants, himself and the three members of Beis-Din. 1
R. Bachye #2: It hints at the six days of cretion ? to teach us that, someone who quashes his evidence, it is as if he denies that Hashem created the world in six days.
Moshav Zekenim: In order to read "Lo" like with a 'Vav', as if to say - if he testified for him, he cannot retract and testify differently.
What are the implications of ?O Ra?ah? ? ?Im Lo Yagid?
Erchin 18a: It implies that his testimony depends on his status at the time when he sees and when he testifies. Consequently, if Reuven sees Shimon borrowing money befoe he becomes his father-in-law and testifies after Reuven divorced his wife, his testimony is Kasher.
Why does the Torah omit the phrase "ve'Ne'elam Mimenu", that appears in the cases that follow?
Rashi (in Shabbos, 68b) and Ramban: Because in this particular case, he is subject to a Korban even be'Meizid. 1
Ramban and Moshav Zekenim: Or be'Shogeg about the Isur to swear falsely, if he remembered the testimony. However, if he forgot the testimony he is exempt.
Why does the Torah write "Im Lo Yagid" and not 'Im Lo Ya'id'?
Yoma, 74a: To preclude from a Korban Shevu'ah someone who is unfit to testify ? such as a professsional gambler. 1
Gitin, 71a: To preclude someone who is dumb.
Shevu'os, 35a: To preclude witnesses who only received their information from another witness ('Eid mi'Pi Eid') or where one of the witnesses is a relative or Pasul le'Eidus.
Why does the Torah juxtapose "ve'Nasa Avono" to "Im Lo Yagid"?
R. Bachye (citing Shevu'os, 33a): To extrapolate that the witnesses are only Chayav a Korban Shevu'ah if the litiganr nade them swear in Beis-Din 1 - where they would have rendered the litigant Chayav, but not if he made them swear outside Beis-Din.
Sanhedrin, 37b: To teach us that in spite of the harsh warning in connection with the results of testifying falsely 2 they are not permitted to withdraw from the obligation to testify. 3
Yerushalmi Sanhedrin, 3:9: To extrapolate that only Kasher witnesses 4 whose testimony would have caused the litigant to pay money are Chayav a Korban Shavu'ah.
What are the connotations of "Ve'nasa Avono"?
Bava Kama, 56a: It means that the witnesses are only Chayav be'Dinei Shamayim for failing to testify but are not punishable be'Dinei Adam. 1
See Torah Temimah, note 27.
Why does the Torah omit "bi'Shegagah" from Shevu'as ha'Edus and Shevu'as Bituy? It is in all the other Parshiyos!
Da'as Zekenim: To teach us that the punishment for Shevu'ah is great, and that Shogeg is considered like Meizid. 1
Refer to 5:1:4:1.
As the Pasuk writes in Koheles 5:5 "ve'Al Tomar? Ki Shegagah Hi". Hashem judges also witches and adulterers in this way. As the Navi writes in Mal'achi 3:5 "ve'Hayisi Eid Memaher ba'Mechafshim uva'Mena'afim u'va'Nishba'im la'Shaker".
Why is there a 'Vav' in the word "Im Lo Yagid"?
Moshav Zekenim: In order to read "Lo" like with a 'Vav', as if to say - if he testified for him, he cannot return and testify again [differently].


