Monday 15 January 2018

Shevuot 48: Oaths and Grocers, Moneychangers, Divorced Women, Orphans, When There is No Claim, When Partnerships Dissolve

The rabbis continue their discussion about our last Mishna.  Some of the salient points from today's daf include:
  • when two witnesses saw the new moon without enough witnesses
    • if the difference in their measure is 1-2 ploughshares above the horizon, the testimonies are considered to concur; either witness can testify with someone else in a monetary case
    • thus we learn that two witnesses who agree are believed even if another disagrees
  • when one asks a grocer for a dinar's worth of fruit and swears he paid a dinar, keeping the fruit
    • the fruit must be visible and not put away
    • the grocer can only take the coins if he has a proof - if not, the customer doesn't need to swear
  • when one asks a moneychanger for a dinar's worth of smaller coins and the customer swears that it was given and keeps the coins
    • usually Sages believe a grocer when the customer is holding the fruit but not a moneychanger
    • usually a moneychanger is not believed, but fruit rots and thus fruit is given before money is exchanged (because fruit rots and so a person might see rot and change their mind)
  • when a woman who wants to collect the rest of a partially paid ketuba, she must swear and orphans must swear to collect
    • to whom do they swear? the one who borrowed from their father?
    • they do not swear
      • one doesn't inherit a claim to money that one's father could have collected only by swearing - an uncertainly
      • collecting from the beit din is discussed
    • heirs of widows who die without collecting their ketubah have 25 years to do so
    • the rabbis discuss other related concerns including sons who inherit from fathers who are not required to swear 
    • judges' rulings stand in all cases
  • when there is no claim
    • the rabbis discuss reasons that people would swear without a claim including feeling entitled
  • when partners split up
    • who must swear about a loan?
    • shemita cancels loans, thus the timing of the dissolution makes a difference

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