1)
(a)

Rebbi Meir states in a Beraisa 'K'lal, Eino Chayav Ela Achas'. What does he say about 'P'rat'?

(b)

Rebbi Eliezer and Rebbi Shimon merely repeat the views they expressed in our Mishnah (with regards to when and how many times to insert the word 'Shevu'ah'). What does Rebbi Yehudah say in a case of 'Shevu'ah Lo l'cha, ve'Lo l'cha ve'Lo l'cha'?

(c)

According to Rav Yehudah Amar Shmuel, what Rebbi Meir considers a K'lal, Rebbi Yehudah considers a P'rat, and vice-versa. If Rebbi Yehudah considers 'Shevu'ah Lo l'cha, ve'Lo l'cha ve'Lo l'cha' a P'rat, what will Rebbi Meir then hold in a case of 'Shevu'ah Lo l'cha ...

1.

... ve'Lo l'cha, ve'Lo l'cha'?

2.

... Lo l'cha, Lo l'cha'?

(d)

And what is then a K'lal according to Rebbi Yehudah?

2)
(a)

According to Rebbi Yochanan however, Rebbi Meir agrees with Rebbi Yehudah that 'Shevu'ah Lo l'cha, ve'Lo l'cha, ve'Lo l'cha' is a P'rat. Then what is their Machlokes?

(b)

In that case, which case will Rebbi Meir consider a K'lal?

3)
(a)

Shmuel learns his opinion from the Beraisa, whereas Rebbi Yochanan learns his from our Mishnah. How does Rebbi Yochanan interpret Rebbi Yehudah's statement (in the Beraisa) 'Shevu'ah Lo l'cha, ve'Lo l'cha ve'Lo l'cha, Chayav al Kol Achas ve'Achas', seeing as Rebbi Meir holds like that, too?

(b)

On what grounds does Shmuel disagree with that?

(c)

What does Rebbi Yochanan extrapolate from Rebbi Meir in our Mishnah 'Shevu'ah she'Ein lachem be'Yadi, Eino Chayav Ela Achas'?

4)
(a)

How does Shmuel counter Rebbi Yochanan's proof from our Mishnah?

(b)

This creates a problem with our Mishnah however, which rules 'Chayav al Kol Achas ve'Achas' in the case of a. 'Shevu'ah she'Ein l'cha be'Yadi, ve'Lo l'cha, ve'Lo l'cha'; b. 'Ten li Pikadon, u'Sesomes Yad, ve'Gezel va'Aveidah', and c. 'Ten li Chitin, u'Se'orin ve'Kusmin'. On what basis do we establish the author of our Mishnah as Rebbi Meir?

(c)

So how do we try to amend our Mishnah to accommodate Shmuel?

(d)

What problem do we have with this interpretation of the Mishnah?

5)
(a)

So, in spite of the above-mentioned principle, we establish the Mishnah like Rebbi. What does Rebbi hold?

(b)

We do however, end up by removing the 'Vav' (according to Shmuel) from Rebbi Meir's own statement ' ... Afilu Chitah, u'Se'orah ve'Kusemes ... '. According to Rav Acha b'rei de'Rav Ika, what is Rebbi Meir coming to teach us with that statement?

6)
(a)

What does Rebbi Yochanan say about a claim incorporating the combined P'rutah of a deposit, a loan, robbery and a lost article, or of wheat, barley and spelt?

(b)

Rav Acha and Ravina argue over how to explain our Mishnah, and consequently how to establish Rebbi Yochanan. One of them says 'a'Perati Mechayev, a'Kelali Lo Mechayev'. What does he mean by that?

(c)

What does the other one say?

(d)

How will this Machlokes effect Rebbi Yochanan's statement?

7)
(a)

Rebbi Chiya cites a Beraisa with reference to the case in our Mishnah where five people claim from Shimon wheat, barley and spelt 'Harei Ka'an Chameish-Esrei Chata'os'. How does the second of the above opinions explain this? Why did the Beraisa not obligate Shimon to bring twenty Chata'os?

(b)

So how does he explain the second Beraisa of Rebbi Chiya, which does obligate him to bring twenty Korbanos?

(c)

What She'eilah did Rava ask Rav Nachman about a case where five people are claiming from Shimon a Pikadon, a loan, Gezel and a lost article. What ...

1.

... is Shimon's initial response to the claim?

2.

... does he then add to that?

(d)

What is now the She'eilah?

(e)

How did Rav Nachman answer him, based on the Beraisa 'Harei Ka'an Esrim Chata'os'?

8)
(a)

How does Rebbi Chiya bar Aba Amar Rebbi Yochanan initially explain Rebbi Shimon in our Mishnah, who rules in the case of 'Anasta u'Pitisa es Biti ... , Patur, she'Eino Meshalem K'nas al Pi Atzmo', bearing in mind that Shimon is Chayav to pay Boshes and P'gam anyway (as the Rabbanan maintain)?

(b)

Rava compares this to a case of Reuven who claims from Shimon wheat, barley and spelt, and Shimon swears that he doesn't have Reuven's wheat. How does the parable end?

(c)

On what grounds does Abaye refute Rava's comparison?

(d)

What parable does he therefore present to illustrate quite the opposite?

9)
(a)

How did Ravin quote Rebbi Yochanan to explain Rebbi Shimon, when he arrived from Eretz Yisrael?

(b)

How does Rav Papa explain the Machlokes according to Ravin's interpretation? Why would Reuven ...

1.

... claim K'nas, but not Boshes and P'gam, where there is K'nas, according to Rebbi Shimon?

2.

... not forego the Boshes and P'gam, according to the Rabbanan, even though he is already claiming K'nas?

Hadran alach 'Shevu'as ha'Pikadon'
38b----------------------------------------38b
Perek Shevu'as ha'Dayanim
10)
(a)

Which Shevu'ah do we learn from the Pasuk in Mishpatim "Asher Yomar ki Hu Zeh"?

(b)

Our Mishnah gives the minimum claim for which one is Chayav a Shevu'ah, as two 'Kesef'. What is the minimum amount that one needs to confess, to be Chayav a Shevu'ah?

(c)

On what grounds does the Tana rule that if Reuven claims two silver pieces from Shimon ...

1.

... and Shimon admits that he owes him a P'rutah, he is Patur from a Shevu'ah?

2.

... plus a P'rutah, and Shimon admits that he owes him a P'rutah, he is Chayav?

(d)

And why does the Tana rule in the case of ...

1.

... 'Manah li be'Yadcha, Ein lach be'Yadi, Patur'?

2.

... 'Manah le'Aba be'Yadcha, Ein lach be'Yadi Ela Chamishim Dinar, Chayav'?

11)
(a)

The Tana rules that if Reuven admits that he owes Shimon a Manah, and the next day he claims that he paid him, he is believed. Under what circumstances will he be Chayav to swear?

(b)

In a case where Reuven claims a Litra Zahav and Shimon admits to a Litra Kesef, the Tana exempts the latter from a Shevu'ah. What is the difference between this case and one where Reuven claims a Dinar Zahav, and Shimon admits to a Dinar Kesef, a Trisis, a Pundiyon or a P'rutah?

(c)

And why does the Tana exempt Shimon from a Shevu'ah if he admits that he owes Reuven a Lesech of legumes in response to the latter's claim of produce, but obligate him if he claimed from him fruit?

12)
(a)

The Chachamim hold ...

1.

... 'Ta'ano Chitin ve'Hodeh lo bi'Se'orin, Patur'. What does Rabban Gamliel say?

2.

... 'ha'To'en la'Chavero Kadei Shemen ve'Hodeh lo be'Kankanim, Patur'. Why is that?

(b)

What does Admon say?

(c)

What does Rabban Gamliel comment on this Machlokes?

(d)

We have already learned that there is no Shevu'ah on a claim of Karka. In which case will Shimon swear even on Karka if Reuven claims from him Karka and vessels?

(e)

What does our Mishnah say about ...

1.

... swearing on the claim of a Cheresh, Shoteh or Katan?

2.

... making a Katan swear?

13)
(a)

Rav Yehudah Amar Rav explains that Shevu'as ha'Dayanim entails making whoever swears a Shevu'ah d'Oraysa swear, like the Torah writes in Chayei Sarah "Va'ashbi'acha ba'Hashem Elokei ha'Shamayim ... ". Who said this to whom?

(b)

How do we initially interpret this statement? What is he coming to teach us?

(c)

Ravina asked Rav Ashi whether Rav meant to rule like Chanina bar Idi, who requires specifically the four-letter Name of Hash-m. What did Rav Ashi reply? If the Nishba is permitted to use a Kinuy, why did Rav quote the Pasuk in connection with Avraham Avinu?

(d)

What did Rava mean when he said that a Dayan who made someone swear by Hash-m Elokei ha'Shamayim is considered a 'To'eh bi'Devar Mishnah', seeing as it's source is Rav Yehudah Amar Rav and not a Mishnah at all?

(e)

What are the ramifications of Rava's statement?

14)
(a)

What did Rav Papa say about a Dayan who made the Nishba hold Tefilin whilst he swore?

(b)

How do we rule with regard to the two conflicting opinions (of Rava and Rav Papa respetively)?

(c)

If the Nishba is obligated to stand whilst he swears, who is permitted to sit?

(d)

In which other area of Shevu'ah does a Talmid-Chacham who swears differ from other Nishba'im?

(e)

What do we do nowadays with someone who is Chayav a Shevu'ah d'Oraysa?