Jan 042018

An oath denying a pikadon does not apply to k’nas payments (fines). Rav Kahana questions whether there will be lashes in addition to a sacrifice or in place of a sacrifice in a case where there are witnesses who warned the person before he/she too0k the oath. Several attempts are made to answer his questions from various sources, but not prove conclusive. Raba then questions Rav Kahana’s question and suggests that there can never be a case because if there are witnesses to warn, then they must also be witnesses to the act in which case the denial is irrelevant as the witnesses can make the person pay anyway. The gemara then tries to prove and then disprove this assumption of Raba that if there are witnesses, one cannot be obligated for an oath of pikadon. Only at the very last source do they succeed in conclusively disproving this assumption. Is an oath of pikadon relevant in a case relating to land?

Jan 032018

Various words can have different meanings depending on their context. Rabbi Meir and the rabbis debate whether the use of God’s name in various contexts needs to be the actual name of God or some other nickname of God.  What are the details regarding an oath relating to a denial of a monetary claim.

Jan 022018

In which cases are people not obligated in an oath of testimony? What is the exact phraseology that can be used in order for it to be considered an oath of testimony for which one is obligated to bring a sacrifice? Does one need to include the name of God? Is a word that refers to God also considered using the name of God? The gemara tangents to places in the Tanach where it is unclear of a word is referencing God or someone else.

Dec 292017

The gemara brings a number of things that one should avoid doing in court as they are dishonest. Details of an oath of testimony are discussed as the different part of the mishna are analyzed and explained. What is the root of the debate between Rabbi Meir and the rabbis regarding an oath of testimony taken outside the court on one’s own?

Dec 282017

What is an oath regarding testimony for which one is obligated to bring a sliding scale sin offering? Anyone who cannot testify is excluded from responsibility, including women. The gemara asks from where in the Torah we know that women can’t testify and brings various braitot that all prove from the same verse – each using a different drasha that women cannot be witnesses. The gemara learns other halachot regarding court cases, i.e. who stands and who sits also from that verse as well as other halachot relating to the commandment to the judges to be fair and balanced. What types of exceptions are made if a talmid chacham comes to be judged in the court?

Dec 262017

If an oath is made with a condition, what are the halachot if the condition is fulfilled accidentally, meaning that when the person fulfilled the condition, the person didn’t remember that the condition was made?  What if the person remembered the condition but forgot when he/she ate the forbidden item?  What if a person said that each item if forbidden if he/she eats the other item.  various permutations are brought as to what the person did intentionally and what was unintentional.

Dec 252017

Does an oath need to be expressed in words or can one just decide in one’s mind?  Does an oath of expression apply only also to a mitzva?  There is a debate in the mishna regarding this and there is a discussion regarding the proofs for each side.  If one takes an oath that repeats itself without adding on something new, the subsequent oaths are not valid and if one breaks them accidentally,one would be only obligated to bring one sacrifice.  However, if the person were to go to a ‘chacham’ to repeal the oath, the second oath would be apply.