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The opening of this shiur, in Rabbi Oster Gemara Shiur’s own words — taken from the captions, so names and Hebrew terms may be approximate.
begin the today on about 10 lines up from the bottom of the 10 of the person is claiming you owe me a he responds I don't owe you anything so in such a case to swear is only by if he admits part of the claim but if he's if he denies the entire claim he's going to said about this but nevertheless the instituted that the defendant does have to swear and this is referred to as hess what does the word hessus mean so here rashi explains the word hessus means a shu that's placed upon the person to swear and this is something that instituted and will explain in a moment why there's another place where rashi says that the word hessus means to try to persuade the person that he's going to have to swear in order that in order to try to persuade him to admit that he owes this money if he owes it was instituted in the time of the in the time of the Mishna there wasn't the tak of the yet but in the instituted that one has to swear even if he denies the entire claim my time what was the reason for instituting this Because we have the following presumption. A person would not demand money from someone unless there's something to it. Unless he owes it to him. If you if you see that you someone approached someone
Jump to a moment
- 0:01begin the today on about 10 lines up from the bottom of the 10 of the…
- 3:48therefore that he has to swear for this to prove his denial to prove that what…
- 8:03was owed and therefore definitely in this case would say that he has to make this…
- 11:53so what would be a difference between the obligation to think about another difference the difference…
- 16:18in order to collect the money by by that's only by a correct because it's a…
- 20:35what would be any difference between this case and another case that it says in the…
- 24:29you lent money to someone in the presence of witnesses. So then the payment also has…
- 28:55so now when this was said in front of even in this case as well the…
- 32:36and therefore he's saying to the borrower you should you should have really paid me in…
- 36:50Until there'll be two that learn." No, in the end the condition will be fulfilled and…
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