1)

Why does the Torah insert the (otherwise superfluous) words "Nefesh ki Secheta"?

1.

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.

2.

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..


1

See Torah Temimah, note 117.

2

See Vayikra, 5:1 and Torah Temimah, note 8

2)

What are the connotations of the phrase "u'Ma'alah Ma'al ba'Hashem"?

1.

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

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

3.

Ramban: Refer to Bamidbar, 5:6:4:2.

4.

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

5.

Refer to 5:21:0.1:2.


1

Rashi: As opposed to a loan, where there are generally witnesses or a document, and where it is them that the debtor denies.

2

See also Ba'al ha'Turim.

3

Rashi: As the Pasuk indicates in Shoftim, 11:11 (in connection with Yiftach).

4

See Torah Temimah, note 120.

5

Sifra: And the owner eats them as a guest at Hashem's Table.

3)

What is the connection between "u'Ma'alah Ma'al ba'Hashem" and "ve'Kichesh ba'Amoso"

1.

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

4)

Why does the Torah place "Vekichesh" in between "ba'Hashem" and "ba'Amiso"?

1.

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.


1

See Torah Temmah, note 122.

5)

What are the implications of "Vekichesh ba'Amiso"?

1.

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

2.

Yerushalmi Shevu'os, 5:1: Ot implies that if he swears to one of two partners, he is Patur. 2


1

See Torah Temimah, note 123.

2

See Torah Temimah, note 124.

6)

What does "O be'Fikadon" come to incorporate?

1.

Sifra: It inporporates monetary issues exclusively. 1


1

See Torah Temimah, note 127.

7)

What is the definition of "Sesumes Yad"?

1.

Rashi, Targum Onkelos and Targum Yonasan: It is money that Reuven gives Shimon to do business with, in the form of a business partnership.

2.

Rashi #2: It is a loan.

3.

Bav Metzi'a, 48a: It is a security that that the borrower designates for the creditor against the loan. 1


1

See Torah Temimah, note 128.

8)

What is the meaning of "Ashak"?

1.

Rashi: It means that one withholds the wages of a hired laborer.

2.

Targum Onkelos and Targum Yonasan: It means that he cheats his friend.

3.

Bava Metzi'a, 48a: It means that the employer denies the vessel that he designated to pay his worker. 1


1

See Torah Temimah, note 129.

9)

Seeing as "Vekichesh" and "mi'Kol asher Yishava alav" in Pasuk 14) are K?lalim and the other details are P?ratim, what is the Torah coming to preclude from the Din of Asham Gezeilos?

1.

Shevu'os, 37b: It precludes whatever is not movable ? Karka, and Avadim, who are compared to Karka; and whatever has no intrinsic value ? Sh'taros. 1


1

See also Torah Temimah in Pasuk 22, citing Shevu?os 37a & b, who learns it from ?Venishba al Shaker ? and note 136.

10)

?O Ashak es Amiso?. What are the connotations of ?Ashak es Amiso?

1.

R. Bachye (citing Bava Metzi?a 111a): It means ?Reuven claims that he has already paid the money that Shimon is claiming?.

2.

Bava Metzia 48a: Where Reuven designates a K?li with which to pay his laborer and then denies it. 1

3.

Targum Onkelos: It means ?he robs his friend?.

4.

Targum Yonasan: It means ?he cheats his friend?.


1

See Torah Temimah note 128.

11)

Why does the Pasuk repeat the word "Amiso"?

1.

Sifra: One is to exempt where he swears on an object of Hekdesh; 1 the other, on one that belongs to a Nochri.


1

Refer to 5:21:1;1:1.

Sefer: Perek: Pasuk:

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