Mishna in Shvuos
In all 4 cases in the mishna, how much was the loan?
One Sela
What is Rav Huna's halacha?
A shomer must swear that he does not have the object in his possesion
What is the first attempt at an answer for Rav Huna?
There were witnesses that saw the object getting burned, therefore the shomer does not have to swear that it's not in his possession
In the third answer of the gemara, who swears first, and what does he swear?
Lender swears first that the object was not in his possession.
When the mishna in Shvuos says someone has to swear, what does he swear about?
In all four cases in the Mishna, what happened to the mashkon and what are the lender/borrower arguing about?
It got lost, they are arguing over the value of the mashkon
Is Rav Huna's shvua M'doraysa or M'drabanan?
M'drabanan
What is the response of the gemara to the previous answer?
If it was burned, then how can the lender pull it out?
What does Rashi say will happen to the borrower if the lender pulls out the object>
He will be proven to have sworn falsely and will be pasul from testifying and swaearing in the future
Is the shomer allowed to use the mashkon?
NO
What is case 1? What is the halacha?
Lender said the mashkon was worth 1 shekel and borrower said it was worth 1 sela
Halacha is Patur from swearing because he was not modeh b'miktzas
Is Rav Huna a Tana or Amora, can he argue on a Mishna?
Amora, NO
What is the final answer of Reb Yosef to answer for Rav Huna?
There were witnesses that saws the mashkon get stolen
What is the second answer of the Gemara?
Abayei answers that the lender might find the mashkon AFTER he swore that he doesn't have it
In cases 3 and 4, who is claiming that someone owes them money?
The borrower is claiming that the lender owes him money
What is case 4? What is the halacha?
Borrower said the mashkon was worth 2 sela and the lender said it was worth 5 dinarim. The halacha is that the lender must swear because he was modeh b'miktzas
What is Modeh B'Miktzas, and what is the Halacha?
Someone partially admits to owing money and he must swear
If there were witnesses that saw it get stolen, how could the lender pull it out afterwards?
He can find the thief and then pull out the object.
When the gemara says the mashkon was burned, how does that fit in to the Mishna which says it was lost?
Avad means, gone and destroyed, not lost
Is a lender watching a mashkon considered a shomer chinam or shomer sachar? Why?
Our gemara (the mishna in Shvuos) holds that he is a shomer sachar. Because he is benefiting that the borrower will want to pay back the loan
What is the last line, and the final statement of the mishna in Shvuos. Is that M'drabanan or M"doraysa?
The lender must swear because if the borrower would swear, then the lender may pull out the mashkon and discredit the borrower. It is M'drabanan
Why does a Modeh B"Miktzas have to swear?
Because we are nervous that he might really owe more and he is just stalling for time. Therefore we make him swear to make sure that he says the truth
Why is it easier for the lender to catch the ganav, more than the borrower?
It was stolen from the lenders house so he can find the thief
According to which answer of the Gemara do Both the lender and Borrower swear?
Rav Ashis answer
According to Rav Ashi, who swears in the Mishnas case, and what is the shvua they take?
Lender swears it's not in his possession and the borrower swears about the value of the mashkon