Mishnah 1
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1)

(a)Between the claimant and the defendant, which one generally swears?

(b)The Tana learns this from the Pasuk in Mishpatim "Velakach Ba'alim ... " (with reference to a Shevu'ah). How does the Pasuk continue?

(c)The Tana lists five cases (See Tos. Yom-Tov) where the claimant swears. What is the source for that?

(d)What are the first three (one-word) cases listed by the Mishnah?

(e)If he fourth case is where the defendant is suspect of swearing falsely, what is the fifth?

2)

(a)In the case of 'Sachir', the worker claims his wages. What happens next?

(b)On what basis did the Chachamim switch the Shevu'ah from the hirer to the Sachir?

(c)The current ruling is confined to where the Sachir claims 'bi'Zemano'. What is considered 'bi'Zemano' by ...

1. ... a day worker?

2. ... a night worker?

(d)What if he claims after that?

3)

(a)How will the Din differ if the hirer hired the Sachir without witnesses?

(b)Why is that?

4)

(a)How does Rebbi Yehudah qualify the Tana Kama's ruling?

(b)What is then the case (incorporating the Sachir, the Nigzal and the Nechbal in the next two Mishnahs) according to him?

(c)How many regular Dinrim comprise a golden Dinar?

(d)Like whom is the Halachah in all three cases?

Mishnah 2
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5)

(a)The Mishnah now defines the case of 'Nigzal'. If Reuven denies Shimon's claim that he entered Reuven's house and took a security without permission (See Tos. Yom-Tov), why is he not Patur with a Shevu'as Heses?

(b)What do Shimon and Reuven now claim?

(c)Why did the Chachamim thyen switch the Shevu'ah on to Shimon?

(d)On what condition do we allow Reuven to swear and be Patur?

(e)Rebbi Yehudah requires Reuven to admit to part of the claim (as we learned in the previous Mishnah). What is the case?

Mishnah 3
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6)

(a)In the case of Nechbal that the Mishnah now discusses, what do the witnesses testify?

(b)What do Reuven and Shimon then claim?

(c)On what condition is Shimon obligated to pay Reuven even without a Shevu'ah?

(d)What is an example of this?

(e)Rebbi Yehudah requires Shimon to admit to part of the claim for him to be Chayav a Shevu'ah. What is the case?

Mishnah 4
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7)

(a)Regarding the Din of 'she'Kenegdo Nishba' (switching the Shevu'ah to the claimant), which Shevu'ah might the suspect have sworn falsely, besides those of Shevu'as ha'Eidus or Shevu'as ha'Pikadon?

(b)Why does the Tana say 'even' with reference to it?

(c)Why does he not include Shevu'as Bituy?

(d)And why does he not insert the case of Shevu'as Bituy in the future?

8)

(a)The Mishnah now lists a case where one of the litigants is a gambler, a pigeon-racer (Mafri'ach-Yonim) a lender on interest (See Tos. Yom-Tov [or any of the Pesulim mentioned in the third Perek of Sanhedrin]). What does it say about them?

(b)What is the significance of this list?

(c)How must we therefore establish 'Malvei be'Ribis'?

(d)What else might 'Mafrichei-Yonim' mean?

(e)Then what makes it de'Rabbanan?

9)

(a)If both litigants are suspect, Rebbi Yossi says that the Shevu'ah returns to its place. This might mean that it goes back to Sinai. What will that mean?

(b)Others explain it to mean that it goes to the litigant who was originally meant to swear. What is then the Din?

(c)What does Rebbi Meir say?

(d)Like whom is the Halachah (See Tos. Yom-Tov)?

Mishnah 5
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10)

(a)If the case of 'Chenvani al Pinkaso' is not where the shopkeeper claims that Reuven owes him two hundred Zuz, then what is it? What did Reuven ask the shopkeeper to do?

(b)What is now the case?

(c)Who, according to the Tana Kama, is subsequently Chayav to swear?

(d)Why does ...

1. ... the worker not swear to the shopkeeper and claim from him?

2. ... the shopkeeper not swear to the worker and become exempt?

(e)Why do we obligate the shopkeeper and the worker to swear to Reuven in front of one another?

11)

(a)On what grounds does ben Nannes object to this ruling?

(b)What does he therefore say?

(c)Like whom is the Halachah?

Mishnah 6
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12)

(a)The Mishnah now discusses a case where Reuven asks a shopkeeper to give him a Dinar's-worth of fruit, which he does. What does Reuven reply when the shopkeeper asks for he money?

(b)Where is the fruit currently lying?

(c)On what grounds does Reuven swear and take it?

13)

(a)In the reverse case, where, after Reuven has given the Dinar to the shopkeeper, he asks the shopkeeper for the fruit that is piled in the street, what does the latter reply?

(b)What does he say about the fruit that is piled in the street?

(c)On what grounds does the Tana Kama rule that the shopkeeper swears and retains it?

14)

(a)What does Rebbi Yehudah say about whoever has the fruit in his possession?

(b)In which of the two above-mentioned cases does he argue with the Tana Kama?

(c)Seeing as the fruit is piled in the street, why does he refer to it as being in the Reuven's possession?

15)

(a)In similar vein to the previous Mishnah, what does the Tana say about a case where ...

1. ... a banker gives a client copper coins (See Tos. Yom-Tov) to the value of a Dinar and in reply to his request for the Dinar, the latter claims that he gave it to him and that he placed it in a money-bag?

2. ... after giving the banker a Dinar, in reply to the client's request for the coins, the latter replies that he gave them to him and that he placed them in his purse?

(b)On what grounds does Rebbi Yehudah object to the Tana Kama's latter ruling?

(c)What does he therefore say?

16)

(a)Why does the Tana see fit to repeat the Machlokes with regard to both a shopkeeper and a banker? Had he inserted ...

1. ... the former only, what would we have thought with regard to the latter?

2. ... the latter only, what would we have thought with regard to the former?

(b)Like whom is the Halachah in both cases?

Mishnah 7
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17)

(a)The first of a number of Dinim that the Mishnah here repeats what we already learned in Kesuvos (regarding the Din of a woman who claims her Kesubah) is that of 'ha'Pogemes Kesubasah'. What is the case?

(b)What does the Tana say about it?

(c)And what does he say about a case where one witness testifies that the woman already received her Kesubah?

(d)Of the two remaining cases that share the same ruling, one of them is where a woman claims her complete Kesubah from Nechasim Meshubadim (from people who purchased property from her husband) or from the Yesomim. What is the other?

18)

(a)The Tana issues the same ruling with regard to Yesomim who claim. What is the case? From whom are they claiming?

(b)What do the latter counter?

(c)What if they would counter that their father told them that the loan never took place and that he did not owe the claimants' father anything?

(d)One reason for this is because the Yesomim from whom they are claiming cannot discount the witnesses on the Sh'tar. What is the other?

19)

(a)The Tana lists three points in the Shevu'ah that the Yesomim make (See Meleches Sh'lomoh). What is the difference between 'she'Lo Pakadnu Aba' and 'she'Lo Amar lanu Aba'?

(b)What is the third item that comprises the Shevu'ah?

20)

(a)What does Rebbi Yochanan ben Berokah say about a son who is born after his father died?

(b)What does Rabban Shimon ben Gamliel say about a case where witnesses testify that, before the borrower died, he declared that the Sh'tar with which the claimant's sons are currently claiming has not been paid?

(c)Like whom is the Halachah in ...

1. ... the former Machlokes?2.

2. ... the latter Machlokes?

Mishnah 8
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21)

(a)The Tana lists a number of people who swear even though nobody is claiming from them. If there is no claimant, why do they need to swear?

(b)On what basis do Beis-Din make them swear on a Ta'anas Safek?

(c)The first three cases are 'Shutfin (partners), Arisin (share-croppers) and Apotropsin' (managers of one's property). The latter refers to a manager who is appointed by a grown-up to manage his affairs. On what condition is an Apotropos of Yesomim included?

(d)What if he was appointed by the father to look after his heirs' property after his death?

22)

(a)One of the two remaining people who have to swear on a Ta'anas Safek is a woman who runs the affairs of the household. Who appointed her?

(b)The last person is a ben Bayis. What is a 'ben Bayis' (in this context)?

(c)In describing the case, the Tana quotes any of the above five who appear in Beis-Din and ask the claimant what he wants. What does the claimant reply?

23)

(a)What if the claimant demands a Shevu'ah after the Shutfin or the Arisin (See Tos. Yom-Tov) have divided the property?

(b)On what condition will he still be obligated to swear?

(c)What is the Chidush? Why might we have thought that Gilgul Shevu'ah does not apply in this case?

24)

(a)The Mishnah concludes that Shevi'is cancels a Shevu'ah. Why does this not pertain to the case of Shutfus and the other cases?

(b)Then what does it refer to?

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