Bava Metzia 3a: Reb Chiya’s Shevuah, Hoda’ah Through Eidim, and Rashi vs. Tosafos

Transcript

Because the emes is, he's trying to push the guy off. Why does he mean koifer? Because he's not really being koifer. He has no money now; he's borrowing a cup, right? Tomorrow, he tells him tomorrow. You know, you know this tomorrow game, okay? So the Gemara says that the emes is not really being koifer, being moideh b'kofer al kol, and therefore what? It's no raya that what? By him being kofer on somebody is a chashash meida chashashvuah. אי למעשה, by edus eidim, you don't have that. You don't have that, because he was zechus kofer al kol. It's just the eidim made him be modeh. Because then you have to say chashash meida chashashvuah. So here's again a machlokes Rashi and Tosfos. So that's Tosfos. Kamashmalan that we don't say chashash meida chashashvuah. That's the kav chaymer. Lo teima, edus eidim, don't worry about the chashash meida chashashvuah. That's Tosfos. Rashi, Rashi learns that even though chashash meida chashashvuah, kav chaymer. I fly, I can't help it. I have no... I have to know the sugya, I'm sorry. So what does Rashi—Rashi learns chashash meida chashashvuah, who cares? Kav chaymer. Actually, what do you mean, who cares? Chashash meida chashashvuah. What is the—what is the kav chaymer? What, there's no chashash meida chashashvuah? What's the teretz? There's no chashash meida chashashvuah here. Let me hear why. Chashash meida chashashvuah is very possible where beisin needs a birur, and beisin says we can't trust you because you're chashash meida. But where if you were to be tovea the shevuah, who cares if you're chashash meida, who cares? I'm tovea the shevuah. On the maaseh, I want you to swear. Where beisin needs a birur and you're a chashash meida chashashvuah, beisin says, I don't have a birur from you. But it's under beisin. I can't—why? But who cares? But I can still make you swear. One more thing, and then I'll think about you guys, okay. There's an interesting Tzais. Tzais—hey, where is it? Tzais speaks about—Tzais is, Tzais is, oh, Ayin hei, sif katan beis. Tzais speaks about like this: what happens where a person is not really modeh, but from his hodaah, beis din realizes that he's lying. For example, I paid you back with ribbis. You owe me money. What do you mean? I owe you money? I paid you back with ribbis. I paid you back plus ribbis. Now, l'maaseh, does the person pay back the ribbis? No, because Yidden don't pay ribbis. And it's not yotzei b'dayanim; I could have forced you to pay the ribbis. So who says—it's very hard to believe that you paid ribbis. So we hear from here, says the Tzais, that mistama he never paid up. It's as if he said that he was paying back. It's the same type of case. So there's a machlokes. The Tzais brings down from the Sma, and it's the same din as Reb Chiya. Since you were modeh, meaning you were modeh you didn't pay up, halacha is you're mechuyav to pay what? You're mechuyav to pay—you're mechuyav to swear modeh b'miktzas, mamash like Reb Chiya's halacha. Since your hodaah that you didn't pay was a hodaah that beis din understood from your words that you didn't pay, it's mamash a din of Reb Chiya. This, the Tzais brings down in Ayin hei, sif katan beis, from the Sma. The Shach, he brings down his cholek on this. What's the ta'ina? What's the machlokes? I want to tie this to the machlokes. If you learn — no, anyway, he was never modeh, would he? L'maaseh, he was never modeh. I want to tie this to the nekudah. If you learn that you just need to be me'alem the other person's ta'ina without the etzem bikkur hoda'ah, that's Reb Chiya's halacha. So, very good, if you hear two. But the fact that you came and said that you paid ribbis, that we hear from this that you didn't pay with ribbis, that itself is me'alem the other guy's ta'ina, l'meileh it's Reb Chiya's halacha. But if you learn that you need hoda'ah b'etzem, it's a special din of modeh b'miktzas b'etzem; there was no hoda'ah. What do you mean? Nobody was modeh anything. It's up to Shach, it's not a hoda'ah. You owe me a hundred dollars. What are you talking about? I paid you back. I paid you back. I paid you back. How did he pay him back? Are you listening? I paid him back. Or even if he says, I paid him back, let's say, yeah, I paid him back, but I paid him back with ribbis. Paid back with ribbis. The beis din says, wait a second, you paid back with ribbis? What are you talking about? Who pays ribbis? I realize you're a liar. I realize you lied.

How long does the man say, you know, that mamash of chiyuv halacha? How is it Reb Chiya's halacha? Because he gave her a ... to the talya. That's mamash a chiyuv halacha. He gave her—he was mechayev the ta'ina. He meant, he came to say there's a ... There's something over here. He's telling the truth. A normal ta'ifra ta'ina is a ta'ina. I say, lo hayu dvarim me'olam. I don't strengthen the ta'ina. But here I'm strengthening the guy's ta'ina. Comes along the Shach and says, what do you mean? There's no ... here. What's the answer? Because the Shach learns that you need the regular din of hoda'ah. You need there should be modeh something. Asher yomar, he who said—there's a pasuk, asher yomar ki hu zeh. This becomes the she'eilah in the Acharonim, as we soon will see in the Rishonim, what the ta'ina of the ... Is it modeh b'miktzas the special din of hoda'ah, or modeh b'miktzas a mah in the ta'ina of the ta'ina? Okay, we'll stop over here. And how to learn. Now, if you have the sheet in front of you—does everybody have the sheet? What is this for? You'll see. As you follow with me, you'll understand the sheet. Rabosai, I ask you to follow with me inside, because we're going to learn every word on this daf. Blatt. Every word on the Gemara, every word in Rashi, and im yirtzeh Hashem every word in Tosafos. We're going to dissect the blatt. This is for knowing how to learn. I don't want pilpulim, I don't want bilbulim, I want pshat, okay? Tani Reb Chiya: mana li b'yadcha. Somebody claims to somebody— Let's say, Reuven says to Shimon, Mona li. There's a maneh to me in your hand. V'halah omer, Shimon answers, Ein lecha b'yadi klum. You have nothing in my hands. Before we continue to what the eidim say, understand that it does not say in the Gemara why you owe me and why I don't owe you, what the response is. It does not say why I think you owe me, how this owing comes from, nor does it say why he thinks he doesn't owe him the money. It just says, You owe me, and the answer is, You don't. If you look on your sheets, you'll notice that that's ha'orah number one. Ma d'yaknu b'lashon Reb Chiya l'inyan ha'tziur sheba'in l'daber, and the answer is that it doesn't say what the tziur is. It doesn't say. It just says, You owe me, no, I don't. Why does he think you owe him? What you borrowed, you lent. Why do you say you didn't owe? And you'll soon see in the Rishonim there's a very big nafka mina, because when he says, I don't owe you, I don't owe you because I never borrowed from you, or I don't owe you because I paid you back, k'loimar Rishonim. So it's important for the Gemara to tell us what he's answering back, because there's a machlokes, like we'll soon see from the Rishonim, the Ramban, Ritva, Ran against the Rambam. What is the reason that he's saying he doesn't owe him? According to the Rashba, it is because he's saying, Lo, I never borrowed from you, and according to the Rambam, it's perati, I paid you. There's a very big nafkamina here what he says back. There's a very big nafkamina what he says back. Lemaaseh, the Gemara doesn't say. So the shailah is why. That's horror number one. Ma d'yaknu b'lashon Reb Chiya, l'inyan hatziur sheboi medaber, and the answer is, he doesn't say why, and the question is why not? It's nogea l'maaseh. The Rishonim argue on what the response of halo omer was. Why is it not in the Gemara? Says the Gemara weiter, Reb Chiya says, v'eidim oisai. The eidim are being me'id him sheyesh lo chamishim zuz, that he has fifty. We asked yesterday, what's the lashon, eidim oisai? The eidim, what's the lashon, eidim oisai? They're me'id him. They're me'id on his behalf. What do you need the me'idim? You need a ma'idim b'miktzas, right? You need that there should be hoda'ah, so the eidim are ma'id. What's me'idim oisai? Eidim oisai. That's horror number two. Ma d'yaknu b'lashon v'eidim me'idim oisai. Now, pashut, there's no real big horror over here. It doesn't mean much.

Lemaisah, if you know the sugya well, you'll understand that it's bedaas. This is a very important nekudah in the v'eidim me'idim oisai. It's important, and it means a big yesod here in the sugya. Makes a difference in the sugya. You hear the question? V'eidim me'idim oisai. It's the same eidim, there's a hayda'ah of chamishah. Now, the eidim are made on behalf of the tovea of chamishah. Why? Why does it have to say v'eidim me'idim oisai? Says the Gemara, noisin lo chamishim zuz. He must pay him fifty. Vayishava al ha'shar, and he swears on the rest. If I asked you yesterday, of course he pays the fifty. What's the chiddush of the v'yishava? I'm sorry, v'yeshalem chamishim, that he pays fifty. It's peshita. It's pashut. See, again, it's not such a big... It's telling you the halachah. Halachah, he pays fifty and he swears on the rest. Look, I bring you down, mah ha'arnu ktzas. The mah shekasuv, noisin lo chamishim zuz. What do you need it for? That was the third ha'arah and diyuk we made in the Gemara. Says the Gemara, vaita: shelo tehei hoda'as piv gedolah mehaoda'ah. What do you need the chamishah, chamishim zuz? It's peshita. I mean, the eidim are made, he owes it. What's the question? The chiddush is v'yeshalem al ha'shaar. So if chiddush is telling you that halachah, there's no chiddush in the noisin lo chamishim zuz. Or maybe there is. We'll soon see that there maybe is. Al kol panim, says the Gemara, shelo tehei hoda'as piv gedolah mehaoda'as eidim. So I asked you yesterday, what do you mean gedolah? Why? Hoidaas piv shani mehodaas, mehodaas piv. That hoidaas, the pasuk says, asher yomar tiyuzeh. It says in the pasuk, maida b'neksas piv. So you would say that hoidaas piv dafka, lo hoidaas eidim. And the answer is, why should it be different? So why doesn't that have to be gedolah? Forget about gedolah; it's different. Meaning, it's the same thing, the same thing. The same way your modeh b'piv, the same halacha applies when you're modeh b'eidim. What's the question of shloi tehei? It shouldn't be greater. What's gedolah? What's the nekudah of gedolah? Shloi tehei shani; it shouldn't be different. You're comparing hoidaas piv to hoidaas eidim; it's the same, it's the same thing. It's the same gedolah. It's not a question of worse or better or more or less, different. You would say that hoidaas piv dafka, lo hoidaas eidim. Shloi tehei hoidaas eidim different mehoidaas piv. What's the gedolah? You look on your sheet, daled, vayter: Mah haarnu b'lashon haGemara, shloi tehei hoidaas piv gedolah. It's the next toar. What's the gedolah? Why is the Gemara—shani, question, it shouldn't be different. Now let's see Rashi. Says Rashi: Veyeshava al hashar k'din modeh b'miktzas. Does it say midin modeh b'miktzas, or does it say k'din modeh b'miktzas? K'din, like the din of modeh b'miktzas. You notice Rashi never says that he's swearing midin modeh b'miktzas. But there, he's swearing. Kiddin loidin, if you like it. Leishaleh, leishaleh. You're going to learn a blatt that the Gemara is going to come talking to you. It doesn't say, yeshava nidin moidim b'miktzas, but yeshava kidin moidim b'miktzas, like the din of modeh b'miktzas. Possible that the shiur progresses, that in our Reb Chiya's halacha is not modeh b'miktzas. It's not. It's kidin modeh b'miktzas. He swears maybe for the same reason that modeh b'miktzas, but it's not necessarily zeh din of modeh b'miktzas. And the Torah says, asher yomar ki hu zeh, modeh b'miktzas b'peh. This ta'inas eidim is swearing kid, kid, like kidin modeh b'miktzas. Let's see further. If you look on your sheet, ma d'yasvinu lashon Rashi, d'hamaschil yeshava la'shar, kidin modeh b'miktzas. And the answer is, it doesn't necessarily have to be zeh din of modeh b'miktzas, but rather kidin modeh b'miktzas. Says the Gemara, what's the cheshbon? The cheshbon is, sheloi tehei haodaas peh gedolah. Says Rashi, modeh b'miktzas ta'ina she'amru Torah yeshava.

What does Rashi mean when he says, Moideh miktzas ta'ina she'omru Torah yeshava? Why does Rashi have to be madgish, she'omru Torah yeshava? And the answer is the way we learned vaiter, because the Torah only said it by what? Modeh b'miktzas pit. Here you're swearing k'din of what the Torah said, modeh b'miktzas, which means that it has the taam, the reiach of the question of the Rishonim that we spoke, that the Torah only said it by pit. Modeh b'miktzas of the Torah is only by pit. So k'din modeh miktzas ta'ina she'omru Torah yeshava. It's like the din of modeh b'miktzas of the Torah, but it's not the din of modeh b'miktzas. See the difference in Rashi? K'din, the first diyuk. The second nekudah Rashi is, why does he have to say she'omru Torah yeshava k'di afina b'shvuos? Just say, like it says, that you have to swear modeh b'miktzas. Look in the Gemara in Shevuos. Why is he madgish she'omru Torah? And the answer could be is because of Rabba, because Rabba used the lashon, mipnei mah amrah Torah. What does that mean? We're going to compare this case like the modeh b'miktzas that the Torah said, so we have to explain mipnei mah amrah Torah. Why did the Torah say it over there? So that's where Rashi uses the same nusach, k'din modeh miktzas she'omru Torah. You see what Rashi—in other words, what Rashi is doing is he's actually bringing the nusach of the Gemara, because the nusach of the Gemara is that Rabba himself said, mipnei mah amrah Torah modeh miktzas ta'ina yeshava. Says Rashi, so this is k'din like ma she'amar haTorah. Then what's the pshat then? The pshat is mamash what I'm telling you. The Torah said it's by moideh b'miktzas. The Torah said it's by moideh b'miktzas. And we are not saying that this is what nichlal in what the Torah said. It's not that there's halacha, moideh b'miktzas, and this is it. But rather, this is like what the Torah said, moideh b'miktzas. Do you hear what Rashi's saying? Imaskim? Beautiful. How is Rashi אומר? You're going to learn with me here today what it means to dissect every word on a blatt, every word in a Rashi. And if it's not for you, there's downstairs many classrooms, many classrooms. They play with toys, and if toys is not for you because you think you're bigger than that, so that you can have it, they learn Mishnayos al pi derech hagra. What Rashi means, she'amar haTorah — the Torah says what? What does He want with the Torah? What does she'amar haTorah mean? And what's the answer? She'amar haTorah. The Torah never said it over here. This is like the moideh b'miktzas the Torah said. Lifnei mah amar haTorah. The Torah said it by moideh b'miktzas, like the Rishonim say. It's only by gazel pin that the Torah said it. But this is k'din of what the Torah said by moideh b'miktzas. That's what Rashi means. So if you look on your paper, you write this. On what I said, k'din. I wasn't magdish the second nekudah, but you'll write it down. The she'amar haTorah, the she'amar haTorah. What is the she'amar haTorah? The Torah said moideh b'miktzas. So this is k'din, the moideh b'miktzas she'amar haTorah. Because, say, why the mix? This is a maid in a miksa. This isn't a maid in a miksa. The teretz is not a maid in a miksa. It's k'din maid in a miksa she'amru Torah, k'di'afina b'Shavuos, like we learn in Shavuos, mechi hu zeh, ki hu zeh. V'af al gav d'zeh lo hayda, even though he was not modeh, harei yesh eidim b'miksa, shelo tehei hodaas piv gedolah l'chayvo al hashar shevuah mehodaas eidim. It shouldn't be greater, hodaas piv, than hodaas eidim. Now let me ask you a question. So first of all, I didn't know why you need the word gedolah. My second question to you is, I don't even know what it means. Hodaas piv shouldn't be greater? I mean, it has nothing to do with greater. Meaning, the first question you have to ask is, you're supposed to say hodaas piv is the same as hodaas eidim. The second question is, what is the sevara behind it? What's the cheshbon? What are you saying? That hodaas piv shouldn't be greater. It's because it's greater? What does that do, greater? First of all, the Gemara should have said, shelo tehei hodaas piv different than hodaas eidim; it's the same thing.

Even if it doesn't say that, the next thing, what are you saying? You're not saying that. Okay, that's what it should have said. Okay, you're not saying that. What are you saying? That hodaas piv shouldn't be greater. What do you call greater? Hodaas piv is chayiv because it's greater? Greater what? What is gedolah? Where does the gedolah come in? That's the second part. You notice on your sheets, I write vav. Take a look at vav. Meha'anu b'chegbai haGemara, shelo yithei hodaas piv gedolah, and it's shayach l'ma shekasavנו v'anu sif katan daled. It's along the same lines, but it's a different point. Meaning, first of all, why say gedolah? It should have said that it should be shavah. Shelo yithei hodaas piv different, shani. Hodaas eidim different than hodaas piv. Okay, it doesn't say that. That's one question. Why doesn't it say that? Second of all, what does it say? What it does say is that shelo yithei hodaas piv gedolah. Gedolah? What do you mean gedolah? What does gedolah have to do with anything? Hodaas piv is gedolah, and that's why there's a halacha of modeh b'miktzas. You hear the kasha mashma? First of all, why doesn't it say this, and what does it say that it does say? Again, if you had to translate this Gemara, shani, what would you say? Shelo yithei hodaas piv shouldn't be bigger, it shouldn't be greater. Greater than what? I don't יודע. It's a different type of hodaah. Is it stronger? It just means it shouldn't be different, that's all. What is gedolah? Gedolah. Unless that's all it means, maybe. It only means gedolah. It shouldn't be any different. It shouldn't have different halachos. And then a dik is lav davka. Say something, more say something. Greater in what? A greater type of הידור? What, a greater — the king, the king הידור, yes? For what? Now, what do you mean greater in what? Elamai, it just means difference, unless lav davka, דבר means difference. All right, maybe that's shot in the Gemara. שלאי תהא הידור כפיו difference. The emes, you see later in the Gemara, the Gemara says not like that. מהדרכת תפל and the מביא, the תפל, ... גדולה. ... לאתים, ... לקב חומר. It means not that; it's הידור כפיו is different. הידור כפיו is more, הידור כפיו is greater, הידור כפיו makes more sense. Well, why does הידור כפיו make more sense? Unless you learn with the ... later, which is later is טוב. I don't know if that's what the Gemara means, לחתחילה. The Gemara לחתחילה means, ולא תהא הידור כפיו גדולה לחייבו על השאר. I mean, what is — what is the Gemara, גדולה לחייבו על השאר? Unless it's lav davka, it just means difference. But before we get to השתא, you could say, but that's the קל וחומר. Tell me not that way. The קל וחומר tells me not that way. שלאי תהא גדולה — yeah, but what is the word גדולה then? Just say, it's not גדולה. It doesn't mean גדולה; it just means שלאי תהא, that it's only this. Is that greater? Not a question of greater or small. Oh, that's what I'm telling you, how it is. I'm telling you, that's what I answer you. Maybe all it means, שלאי תהא גדולה in הלכה. That's all. It doesn't mean in svara, to bring out the halacha. It means גדולה למעשה, למעשה it's more chamur. Yeah, okay, I'm maskim. But then you have to fit it into the words. It's not the translation of the word גדולה. גדולה just usually means it's stronger or more or worse. You're saying it's not really worse, but indeed it's worse. Okay, I'm asking. That's what I'm telling you. That's the ha'ara. I want to know, is this a daika, or it just means it's b'klalus, indeed at the end of the day it's daylus worse. Okay. Let's see another deep Rashi. Very important. You'll soon see how everything fits in as a puzzle. Ready? Says Rashi, v'af al gav d'zeloi haita. Says Rashi that even though this guy was not meida, harei edim b'miktzas. You know what I would have wanted Rashi to say? Harei edim haita. Notice that Rashi never said, harei edim, af al pi d'zeloi haita, even though he wasn't meida, yeah, but they were meida for him. You understand that? Harei yesh edim b'miktzas. There's edim here on half, on a drop. Surely could. If the yesod of that halacha is that there is considered the hoda'ah, so Rashi should have stressed that. A hundred percent, yes. What? Yeah, yeah, yes, good. All beautiful stuff.

This is dissecting. Today, you notice this is a shiur sholem. You know this. You know how to dissect the lashon of Rashi. Yeah? What does Rashi say? Did Rashi, Rabosai, say, ... and they're considered to their heidah, their modeh for him? Rashi isn't matgis there. Rashi just says, ... We have to say, okay, that's what he means. And the mefaresh knows Rashi's not telling you the lomdus. Rashi's telling you the fact. Rashi's not telling you the lomdus. Rashi's telling you the fact. ... as the shiur progresses, we'll see that Rashi's telling you the lomdus, also how it works, how it shayches to modeh b'miktzas. Zayin, on your sheet: ... Rashi b'maser kasav, v'af al gav d'zeh lo heidah, harei yesh eidim b'miktzas. That it's not so much that the eidim are modeh, but it's yesh eidim b'miktzas. The fact that there's eidim b'miktzas is good enough. Not that the eidim's heidah becomes like a heidah over here; ilu they were modeh for you. Says the Gemara, the tana tuna. Tana tuna. Tana tuna is a raya from the Mishnah. Tana tuna. ... Talis, ... tofes, sahadi, tofes, yeshava al Mishnah. So yesterday I asked you, which is the yesod of the sugya that all of the meforshim deal with this sugya, l'choira what's the shayches to the Mishnah? Over here, by Reb Chiya, you're trying to be motzi... And the eidim are being me'id that you should be motzi half. In the Mishnah, it's the opposite. Each one is muchzak, and the eidim are me'id that he should keep half. Where do you see Reb Chiya's din in the Mishnah? The question is, eidim are meida to the tevei on half. Here, they're not meida that the tevei on half. Here, in the case of the tevei, actually has half to begin with. In the case where they say you have half, you don't have to give him a whole. Actions from our Reb Chiya to our Mishnah. What do you want, Reb Chiya? What are you bothering the Mishnah? No shaychus to your din, Reb Chiya. So the answer that everybody says, that the yesod of our Mishnah is raglayim l'davar, and that's yesod Reb Chiya. Since b'ma'aseh there's eidus on half, so there's a raglayim l'davar, which means there's some proof, there's a sense here that you're right. So too in our Mishnah you have that raglayim l'davar, and that's Reb Chiya's proving a raglayim l'davar makes the other person swear. You look on your sheet. Ha'arnu, ois ches, mah ha'arnu al raya Reb Chiya baMishnah? And the answer is, Reb Chiya is not a case where the eidim are saying he should keep and they should be dan on the other half. Reb Chiya's case is that they were dan on the whole thing; the eidim are being motzi fifty, they're being meida and motzi fifty for you. So what's the connection to the Mishnah? Beis, u'mah ha yesod hamuchach? So what's muchach from here? Raglayim l'davar mechayev a shevuah, that the yesod Reb Chiya is that raglayim l'davar is going to be mechayev a shevuah, and so too our Mishnah is the same yesod. Since you're muchzak on half, that muchzakus makes it that the other person must swear on the other half to get. Now let's learn Rashi. That since you're a mustik on here, that itself is what caused the other person to swear. I just know howyahedim over here. It's a specific case here. But the eidim make a chazakah, there and here. So the common denominator between Reb Chiya and our Mishnah is the raglayim ladavar that the eidim make. And the raglayim ladavar the eidim make are mechayev the other person to swear. So it's true it's not mamish like the case of Reb Chiya, but it's raglayim ladavar of Reb Chiya. And meila, if you look over there in the Mishnah, you'll see this yesod: raglayim ladavar. In our Mishnah, raglayim ladavar is mechayev shevuah. Let's learn the Rashi now, and you'll see how beautiful Rashi worked out the sugya. V'ta'ana tuna. V'ta'ana tuna, says Rashi. What does it mean, v'ta'ana tuna? V'ta'ana didan, siyata didi. Ta'ana of our Mishnah is a raya to me. What is Rashi? It says in the Gemara, v'ta'ana tuna. The Mishnah—what would you think before Rashi? What do you need this Rashi for? What's the chiddush of Rashi? And you know what the answer is? I hope it's beautiful Rashi. Rashi is gevaldige yesod. Rashi is telling you the Mishnah is not Reb Chiya. The Mishnah is a raya to Reb Chiya.

And the yeshiva told you yesterday, the Mishnah is not mamish a proof. In other words, don't think the Mishnah is shvuos modeh b'miktzas. It's not. Reb Chiya is trying to prove from the Mishnah, gevaldig, his yesod, not his din. Now, there's a famous klal. What do you teach the chacham? Ein maftirin achar haPesach afikoman, right? So that means, the question is, ein maftirin is only one halacha. So many Rishonim learn that you teach him all the halachos till... say that we teach him ein maftirin achar haPesach afikoman, self-control. After you ate afikoman, you want a snack, a dessert, you're not allowed to eat. Haste chaim, which means control yourself. The first thing you teach a chacham, you want your wisdom to be emes, control yourself. Have derech eretz of prishus. Otherwise, a person will never be able to be chochmaso omedes lo. He'll never have to be able, his chochmah should remain. The guy's running, he's eating, he's at the restaurants, he's sleeping in the toys. If you have no self-control, the wisdom will never come to fruition. It will never come to be mo'iles peiros. The same thing here too. You have to teach him to control yourself. Control yourself. It's not so bad. I can't blame him if he gets... I'm telling you, and I mean him. The very famous yesod. There's a klal Yiddish. You talk about the daughter, and you need the daughter-in-law, the mother-in-law. When she wants to rank out her daughter-in-law, she can't rank out the daughter-in-law, she'll run away. So she screams at the daughter, You're not a balabusta. You should do this, you should do that. She didn't mean the daughter; she meant the daughter-in-law. The daughter-in-law should get the message. ... Ein maftirin achar... The tana tuna. The tana tuna. What is Rashi? Once, if you look on your sheets, מה דיעקו וארנו ברשי. Give me a masiva tana tuna. Beautiful pshat Rashi, no? What is Rashi? What does Rashi mean? And the answer is, Rashi is trying to tell you, don't learn that the Mishnah is mamish moideh b'miktzas. What is the Mishnah? סייעתא לדידי, just a proof to me, that's all. Tana — you hear? Not stam, the tana, not even the din of the Mishnah. From the tana of the Mishnah I can prove my yesod. Is the Mishnah mamish my din? No. This is not mamish my din, למאן דפשט Rashi, huh? The tana tuna. Says Rashi further, זה אומר וכתני שניהם ישבעו. Now this Rashi here I have a hard time with, because I don't understand. You would have to follow with me, come on. What is Rashi, וכתני שניהם ישבעו? First of all, what is he adding on to the Gemara? The Gemara says וכתני ישבע. So Rashi's adding וכתני שניהם ישבעו, that they both have to swear. First of all, what does he need that for? I mean, what's the — unless it's a girsa Rashi, maybe it's just a girsa Rashi. It's very possible that this is supposed to be in black. Could be this is just a girsa Rashi, and I'll prove it to you. You know why? Because later on it says, אמנם סהדי דמאי דתפיס האי דידיהו. That comes actually before the שניהם ישבעו. The Gemara says, אמנם סהדי דמאי דתפיס האי דידיהו, וכתני ישבע, right? So why doesn't Rashi explain וכתני ישבע, וכתני שניהם ישבע later? So all could be this Rashi is just a girsa Rashi that you should know. This is אמנם סהדי on both ends, וכתני שניהם ישבעו, that they both have to swear. Oh, it's a diyuk of the lashon of the Gemara, Rashi didn't like. Hachi saver, ketani yeshavu. I have to say, the ketani stands yeshvu. He's not explaining—not a hesber—because then he would have explained it after the anan sahadi. L'choira, I'm just thinking, unless Rashi means something here, Rashi's bothered by the ketani stands. I don't know how it affects the sugya. That's what I'm being me'ayer in Rashi. The ketani stands yeshvu, l'choira shouldn't affect the rest of the sugya. What's the difference, is it ketani stands yeshavu, ketani stands yeshvu? Unless Rashi's just bringing the girsa, and actually this is supposed to be in black, just like the other part of the Rashi. It's a girsa Rashi. V'omer v'chulu, ketani stands yeshvu, and then he goes to—I don't know, I'm just being me'ayer. So if you look on your sheets, ma d'yaklu, and Rashi's ... omer. First of all, that he changes the Gemara from ketani says yeshavu to there yeshavu shneihem, that they both have to swear, right? Very good. No, because otherwise Rashi should have said it later. I mean, if he's explaining the Gemara, he should explain it later. Yeah, Daniel, yeah? The Gemara says there, ... ketani stands ...

So why does he have it before the Hanan Tzadim, might be toughest, howdy day? Why does he have it there? He should have had this Rashi at the end, when he, after. And if he's explaining to the yeshiva is actually shleimus, it's important in the sugya, then it should have been after the Hanan Tzadim, might be toughest, howdy day. Who says? It's just fixing the girsa maybe. And because the girsa on both ends, maybe it's ketani shnei yeshavos. I don't know. Or maybe it does have a chiluk in the sugya. Maybe it does affect somehow the sugya. I don't know yet. In the meantime, I'm me'orer that it's mashma something's going on here in the Gemara in Rashi, that Rashi's not happy with the nusach of the Gemara. Okay. Ma d'yaktu v'iarnu b'Rashi divrei ha-maskil ze omer, and the answer is that Rashi's obviously not happy with the nusach of the Gemara, something. I don't know whether he tried to answer to the lomdus of the Gemara, I don't know. But the nusach of the Gemara, Rashi's not happy with. Next question. Ma ha'arnu v'sha'alnu ha-kushya, the Gemara maskil tei doch piv. This is the kasha, the shitah mekubetzes, which is also one of the yesodosik she'eilos of the whole sugya. L'choira, the Gemara asks, mai shaloi teigdoi lo doch piv? The Gemara should have said very poshut, you know why you need the kal vachomer? Because the Torah said it by what? By piv, and not by haidas eidim, which is actually what I asked you yesterday, which I found the Shitah Mekubetzes asks. The Rishonim ask for a kasha. L'choira, why do you come and say that the kal vachomer is because of gedoylah and sevara? You saw the Rishonim ask yesterday. Yesterday you didn't understand what I wanted, and I got to found the Shitah Mekubetzes asks this kasha. Why do you come and discuss the kal vachomer because it's gedoylah and katanah and so on and so forth? Just say very poshut. You know why you need the kav chaymer? Because the Torah said, אשר יאמר כי הוא זה, by hodaas piv. And you're trying to add to the Torah. Hodaas edim is either kalul or has the same halacha of hodaas piv. So then you need a kav chaymer. What's the Gemara's kasha? Mai shelo tehei hodaas piv gedolah mehodaas edim, mikav chaymer? Unless you learn that the Gemara's kasha was gufa on the word gedolah. How gufa was the Gemara's kasha? Again, even if the Gemara's kasha is, shelo tehei hodaas piv gedolah mehodaas edim mikav chaymer, so the kasha becomes, what do you mean? Why would you need the kav chaymer for? You need the kav chaymer because the Torah said it by hodaas piv, and the Torah did not say it by hodaas edim. You want to compare hodaas edim to hodaas piv? Okay, you need a kav chaymer for that. So what's the Gemara's kasha? Mai shelo tehei hodaas piv gedolah mehodaas edim mikav chaymer? The Torah says it by hodaas piv. Hodaas edim needs a kav chaymer. What's your kasha? Unless you say that the Gemara's kasha בכלל has nothing to do with the kav chaymer, but the Gemara's kasha is on the nusach gedolah that we asked you originally. The Gemara wants to know what's the nusach of gedolah. Why would I think it's gedolah? And the answer is, because it doesn't apply maybe by hodaas edim; rather it applies more by piv. Gedolah is what's bothering the Gemara. Mai shelo tehei hodaas piv gedolah... And that's what Rashi means. Rashi is trying to say, מהיכי תיתי למימר דתהוי הודהאת פיו גדולה מהודאת עדים. Why does Rashi repeat over the exact same lashon of the Gemara? Mamash repeats over the Gemara: Mai shelo tehei hodaas piv gedolah mehodaas edim mikav chaymer. It's Rashi: מהיכי תיתי לן למימר דתהא הודאת פיו גדולה מהודאת עדים. What bothered Rashi? That the kasha the Gemara was masked, why do you need the kal vachomer? But the kasha of the Gemara is, why does the Gemara need the kal vachomer for the gedolah and ketanah of hodaas peh and hodaas eidim? That's a different she'eilah. It's a different kasha now. So again, when the Gemara asks the kasha, mai shelo tehei hodaas peh gedolah mihodaas eidim bikal vachomer? Once the Gemara's kasha, why would I think differently? Maybe I would think differently because the Torah said dafka by modeh b'miktzas, hodaas peh. The Torah speaks by hodaas peh, and you want to say it's by hodaas eidim also. That's the reason why I would think it's different. That's kasher Rishonim ask. What's the teretz? The teretz is that the Gemara is not addressing that she'eilah. Could be the Gemara is addressing the she'eilah not so much, what do you need the kal vachomer, but why would I need the kal vachomer shelo tehei gedolah? Which is really what I asked in the beginning of this shiur. The gedolah part is bothering the Gemara, and that's what Rashi stresses. Meheicha teisi lomar, maybe the teisah of the daas, the tehei hodaas peh gedolah. No, hodaas eidim. The problem is the gedolah. The problem is, is what, rabosai? The din. How can it be? No, the problem is why.

You think there's gedolah in my daas eidim? And the Gemara's take is, it's the Rabba, that there is a gedolah here. Mishtamuti ka mishtamet, whatever the halacha of Rabba is. Yes. Okay, it's very simple. The question: מה היינו שאלמו הקושיא של הגמרא, מאי שלא יהא דעת פיו? What did we ask? I asked as follows: Why is the Gemara worried? Akol ta'amei Rashi explains the Gemara because of the gedolah and hodaas piv and mechateis. So why does the Gemara just ask, I mean, what do you mean, what do you mean? You need a kal vachomer, because otherwise the Torah said by piv and not by daas eidim. So what kind of kasha could you have, מאי שלא יהא דעת פיו? The Torah said it by daas piv. So the Gemara asks, מאי שלא יהא דעת פיו, גדול מדעת עדים, and all it means is that daas piv is different than daas eidim, and that's why we need a kal vachomer. The answer is here because the Torah said it by daas piv. No, so what are you asking? What kind of kashas is that? That's good for what the Gemara is saying, because it said it by daas piv, and it doesn't say it by daas eidim, and you're trying to compare daas eidim to daas piv. That's why you need a kal vachomer. Why does it make sense by ... hodaas piv? We don't know yet, even with the sevara. Up l'maaseh, ... by daas piv it says; it doesn't say by daas eidim. You can't be mechadesh what the Torah said unless you have a kal vachomer, and the Torah is trying to match for a kasha. So then what was actually the Gemara's kasha? The Gemara's kasha wasn't we need a kal vachomer for. The Gemara's kasha was maybe why do you need a kal vachomer because of the gedolah of it, which means you're trying to make hodaas piv gedolah than daas eidim, and it's not for the kal vachomer. We would say that. Why is Hodaas Piv greater? And that's what Rashi is saying: Meheicha teisa לן l'meid, the teisa that Hodaas Piv is greater than Hodaas eidim. Why do we think that it should be greater? Not that why do we need a kal vachomer to add meHodaas eidim to Hodaas piv, because that you don't need a kal vachomer for. But why do you need it for the gedolah? Because the gedolah is an essential part of the sugya. The gedolah is the yesod of Piv, that Piv is taka gedolah meHodaas eidim, and sheloy tehei, it shouldn't be that way mikal vachomer. Then the Gemara is saying, Gevaldik. The Gemara is questioning what's putting in the kal vachomer for, because like the Rishonim say, the kal vachomer is needed because Hodaas eidim is not in the Torah, only Hodaas piv is in the Torah. So what was the Gemara's kasha then on the gedolah? The gedolah is what the Gemara is asking for, and that's what Rashi stresses: Meheicha teisa l'meid, teisa that Hodaas piv gedolah meHodaas eidim. Why should we think that Hodaas piv is greater? I can't. Hodaas piv is greater, but the kal vachomer is teaching me that it's not greater. So that's why we need Rabah to tell me, for some reason Hodaas piv makes more sense than Hodaas eidim. Mulei makes יותר סברא. Meaning, if you're dealing with the gzeiras hakasuv, the kal vachomer is needed anyway. But if you're dealing with the gedolah, that for some reason Hodaas piv is more than Hodaas eidim, then this shaila is: we need a kal vachomer. Why should it be that way? That's the Gemara's kasha. So you see that we're medayek right in the Gemara, that the Gemara is not just telling me that Hodaas eidim is like Hodaas piv, but rather the Gemara is telling me Hodaas eidim is less than Hodaas piv. Hodaas piv should be greater, but l'maaseh the kal vachomer tells me that it's not. Mamash like we're medayek in the Gemara. Mamash the reisha, the way we said in the Gemara. It's not that Hodaas piv says in the Torah and Hodaas eidim we're adding mikal vachomer. Rather, the Torah says they darsh piv, because it's gedolah l'hatka. The takan cheshbon that should be by daas piv more than by daas eidim, and the kavachomer tells me don't make the gedolah, don't darshen the gedolah, so to speak. What? Here, mai shelo tehei? What is the gedolah? What is the gedolah that the kavachomer has to take away? Because the gedolah is daas. That's the pshat in the Gemara. Otherwise, what are you asking me? Havadah, what's the kasha of the Gemara? So that's what I'm showing you, that you see that the Gemara answers for a kasha. That's what I'm trying to show you, that we learn right pshat in the Gemara. The gedolah doesn't mean that it's chamor, because then what are you asking me? What do you mean it's chamor? Because the Torah said it, and the kavachomer tells me the same thing. But if you learn the gedolah is taka gedolah, that there's more sevara that piv should be chayav, then the Gemara is asking good: what's that sevara? I want to know what that is. If gedolah just means after the kavachomer it's gedolah, if the Gemara means that l'maaseh piv says in the Torah, so there's a gezeiras hakasuv with piv, and the meileh piv is gedolah, so what are you asking me? What do you need the kavachomer? That's the answer. The answer is the Torah said, Ashi yomar, piv zeh. The Torah said piv.

The answer is, the Gemara is not asking about what it says in the Torah, how do you know idaas eidim. It wants to know why is the sevara that it should be more by piv than over eidahs eidim? And the answer is, to the Rabba. Meheichi teisi l'meidik? Where should we think differently? Ifalgi, emes, pshat in Rashi. You see that Rashi in the Gemara was saying that the gedoylim is davka. And the Gemara wants to know, what is that gedoylim? This is the question: מה הראנו שהעולם מקושית הגמרא, מהי שלא תהא הודאת פיו? What's the kashya? What do you mean? Torah says by piv. You want to say by daas eidim also, you need a kal vachomer for that. What are you asking me? What? Why do you think—if it says it in the pasuk. So the Gemara should say, I would think that the pasuk said that's why gedoylim. What's your kashya? What are you asking me? The Torah said it by this; you want to know if it's by this also. If gedoylim just meant because that's the halacha, that's stricter in halacha, so then what are you asking me? מהי שלא תהא? Because the Torah said it. The answer is, gedoylim doesn't mean that that's the halacha. Gedoylim means it makes more sense. It's more reason to be by piv than by daas eidim. That's what the Gemara is asking: מהיכי תיתי למידק? How do we know that? If gedoylim just means the halacha, then what's your kashya? Meheichi teisi? The Torah said it. The teretz is because of Rabba. The teretz is because of Rabba. It's taki gedoylim. No, because of Rabba, because of modeh b'miktzas, because of the sugya, modeh b'miktzas. The sugya, modeh b'miktzas, taki tells me gedoylim makes more sense, by piv over by daas eidim. ... What's happening? Not to make a gedolah? No, the havamina was, as the Torah said, that by pidyon. So how do you know it's also by daas eidim? The answer is kal vachomer. And gedolah doesn't mean gedolah in svara. Gedolah just means that it should have a stricter halacha, right? That its takkanah should be the same. What's your kashya? Your kashya is, you know why it's gedolah? The Torah says so. Yes, so that's what we're saying: mai sheloi tehei. So what's your kashya? Sheloi tehei? You're still thinking it's bad. You know, what's so hard to understand? The Torah said by ... makes this by pidyon. You want to know if hodaas eidim is the same. What are you asking me? The answer is kal vachomer. What does it mean? Why would I think? You know, I'll tell you why I think, because the Torah says so. That's why I think that way. What do you see from here? That it's not that gedolah because the halacha is it's different. Gedolah takkanah means in the mechanics it's takka different. Also, that's the sugya, mai d'meicha. Not me see from the Gemara that it's that way. The way it works, you see from the Gemara that that's what gedolah means, and we would deduce right that the word gedolah means because in the mechanics it's takka greater. There's more svara by pidyon. I mean, you see from the Gemara. I'm not saying more than what it says in the Gemara. ... Because that hiksha shita mekubetzes, that's l'chora because the pasuk says so. So what's your question? The answer is gedolah doesn't mean the pasuk. Gedolah means that it works takka mitzad itself. And if anyone wants to know, what is that gedolah? I want to know what it is. Why is it more gedolah over hodaas eidim? I want to know why. ... says Rashi, and bring in the Rashi, huh? ... wants to know why it should be gedolah in svara. That's obviously, that's the Gemara's kasha. No, I'm trying to tell you no, because mechanics are different. If all gidolei olam meant was because the halacha is the Torah, so what the Gemara does not know, the Torah says. And the answer is, the Gemara wants to know why you call it gidola. Ma איכא gidola? That's what Rashi says, meheicha teisi l'meimar that it's gidola? It's not pashut pshat. I mean, why call it that the Gemara wrote this? Why do you have to learn what the Gemara wrote? ... He said, all beautiful arus. Now I want you to write on your aleph, and remind me, because I have to write down my sheet also. Mah Aharon mis'amelach kushya'sa Gemara, and write on the side, u'vizeh bi'ernu Rashi, mai lo tehei da'as pirkei gidolim o da'as eidim, and how he learned the Gemara's kasha. U'vizeh bi'ernu — what's wrong? What's the problem? I see you're still not happy. I can't help it. The Rishonim ask this for a kasha. You're denying the Rishonim ask this for a kasha. A back card? No, the ... It's not important. There's a very famous ... We have to learn the Rishonim. I know the ... But how he learned the Gemara's kasha. As far inside, I know. Okay, so he says the same thing. I know, I know ... I can't. Why call it the ... the Rishonim ask for a kasha? Well, what should I do? Why call it ... You know what ...? U'vizeh bi'ernu Rashi.

Give me a maskul, mai loi, v'chulei, and how he's maskil the Gemara's kasha. Okay. What's the teretz to all these kashas? It's a very nice ... You'll get it from somebody else. Uv'zeh biarnu, uv'zeh biarnu, uv'zeh biarnu kushyas haGemara. Rashi, give me a maskul, mai loi tehei, v'eich hu biur kushyas haGemara. Okay, let's move on. It's only on page two. There's many more pages. The time is running out. What's the teretz to all these kashas? For all those that don't like to learn the blatt. There's certain people that don't like to learn the blatt. They like lomdus. Now starts the lomdus. You can wake up. Peirush. What's the answer to all these ...? There's a machlokes Rishonim, like I told you, the eidim ne'emanin. What does it mean, the eidim ne'emanin? Does it mean, the eidim ne'emanin, that they say, lava, that he borrowed? Yeah. What about the payback? They don't know. How are they supposed to know if he didn't pay back? They can come and say that he didn't pay back. Are they within 24 hours a day that they know that he didn't pay back? Third pshat, because he said loi lavah. He says, I didn't borrow. Ka'amar loi visti, ka'amar loi parati. He, the eidim, are just saying that he borrowed. He's the one who's causing here the chiyuv mamon. Why? Because he's the one who's saying, I didn't borrow. Well, what do you mean? The eidim said you did. Okay, so don't come and tell me that you paid. You could say you paid if you say you didn't borrow, so you never paid. You borrowed, you never paid. This is ... Ritva, Rambam, ... Hilchos To'en v'Nit'an. We're not holding there yet. Okay. So there's a machlokes ... Rabbeinu Yehuda, how to learn up ... What does it mean? ... The Rishonim, they all talk that ... just that he borrowed, more than that they can't say, because he came and said he didn't borrow. ... That's the Rambam. If you look clearly in the Rambam, it's almost clear, almost 100% in the Rambam, it's k'mat 99% clear. It's a diyuk in a lashon, but it's pretty clear diyuk, that the edim are saying he's עדיין חי. The lashon of the edim is, you'll look it up, same second steaders, that he's still חי. They can't come and say just that he borrowed. That's not enough. ... that Reb Chiya is mechayev a shevuah for the edim already say too that what? That the edim said that he owes, not stam that he borrowed. This is a machlokes, like I told you. Very important. How come the Gemara doesn't stress these nekudos? The question is, what does he claim? It's very important what he claims. Does he claim loylava, or does he claim para? Very important. For some reason, like I said, far the shiur, I would have wanted to see this in the Gemara. Why didn't the edim say? How come the Gemara didn't say what the edim say? Why didn't the edim say what happened? Why didn't the Gemara say what he said, what he answered, or what the edim say? Because you see that the Rishonim have a question about what happened. At the end of the shiur we're going to answer maybe why the Gemara doesn't stress, and the Gemara doesn't explain, and the Gemara doesn't speak out clearly what each one says. We'll get to this at the end of the shiur. But al kol panim, this is the machlokes Rishonim. If you look at your sheet, page three, you'll notice I bring three brackets, because these are three side points with the yeshiv pshat. First of all, the first question is, according to the Rambam, how does he answer the Rashba's kasha? How could the eidim come and say that he owes the money, maybe he paid? They don't know; they're not with him 24 hours a day. The Rashba is right. How could the Rambam learn that the eidim hame'idim, they still owe the money? So the Shitah Mekubetzes, the Rishonim talk about this, and they say because it's called teich zman. If you say parati teich zman, you're not ne'eman; you're just not ne'eman. So they came and said that he owes the money, and he still has to pay. Pshat, we never saw him pay off, and since it's teich zman, this ke'ilu the eidim came and said what? That he never paid. The chazakah that he never paid. But it's not with the chesron of the Rashba that he says just that he borrowed. The eidim just say that he borrowed, and he says, loi melav, kol ha'omer loi lav, ki loi para. Shitah Mekubetzes. If you look on your sheet, Eich shayach l'harambam sheme'idin sheloi para, ha'im hayu ito kol hazman? And the answer is, ayin Shitah Mekubetzes, teich zman. It's referring to teich zman.

Next bracket question. Number: Pasuk, the Rambam דין שרב חייא בלשון היורד לעונים. He brings a priah, and he says, היורד לעונים, that you pay fifty, and on the rest you swear. It's about היורד לעונים; it's Reb Chiya. Why does the Rambam bring the היורד לעונים? He would have to fact from the Geonim, the Rishonim, if it's Reb Chiya in the Gemara. And the answer is because Reb Chiya in the Gemara could have been like the Rashba, that the eidim are saying that he was just borrowing, and he, through his hoda'ah, through his admitting, he says, Why? I didn't borrow. ... he's the doer, he's the gorem of the hoda'ah. But the Rambam's case, where he wasn't modeh anything, and the eidim are being modeh completely, that's a very big chiddush. That's the היורד לעונים. Avada Reb Chiya's din is Reb Chiya. The היורד לעונים is the case of what Reb Chiya is talking about. The Rambam is modeh to the Rashba plus this case. The Rambam—the Rashba is for sure that way, maybe. Say the Rashba's zichus is more simpler than the case of the Rambam. היורד לעונים, that this is the case. So since the Reb Chiya could either be the Rashba's case or the Rambam's case, which is the more simpler of the two cases? The Rashba, right? Because the Rashba comes out that he himself is modeh, by him saying, Lo lavah, and then he says, Lo para, and then he owes. According to the Rambam, he's mamash screaming, I don't owe you the money, right? The only thing is, it's ... the eidim are me'idim. This is mamash ... This is היורד לעונים, that that's Reb Chiya, that you're chayav on half against the swear on the other half. That's why he brings it as Hoiraas Shaah, because it's not mamish the Gemara. The Gemara could be like the Rashba. How do you mean the Gemara could be like the Rashba? It could be like the Rashba or it could be like the Rambam. After, the Rashba puts one pshat in the Gemara, the Rambam puts a different pshat in the Gemara, different girsa than what. The Rashba, because he says like this: how the eidim are being me'id, they're being me'id that there was halvaah of chamishah. Now I'm sure. The eidim are me'id that there was halvaah of chamishah. Where's fifty? But, v'lo yesh lo b'yad, which means there was halvaah, fifty. That's Rishonim. I don't know what you want. You want to rip out the Rishonim? Rishonim say like that. V'lo yesh lo b'yad fifty, which means that there was a halvaah here, could be paided. But since he said he never borrowed, so then the pshat is, kol ha'omer lo lav ki'omer lo para. So the Hoiraas Shaah is not like the Rashba. The Geonim learn that Reb Chiya's case is the Rambam's case. That's the Geonim's part. Reb Chiya's psak is the halacha by miksai dei eidim. Hoiraas Shaah that this is the case, like the Rambam and not like the Rashba. That's what he means by Hoiraas Shaah. It's very simple. I don't know what's so chiddush over here. There's two cases on how to learn Reb Chiya's halacha. You can learn like the Rashba, you can learn like the Rambam. So the Rambam says Hoiraas Shaah because he brings a case not like the Rashba. This is Hoiraas Shaah, this case, that this is the case of Reb Chiya. Dibarnu, he spoke. That according to the Rashba, Rishon, we can answer why it says he has to pay fifty. Remember I asked you a she'eilah all the way in the beginning, ha'arah, sif katan gimmel, the third ha'arah, why does it say נזק חמישית? The eidim are made that he has to give fifty. Of course he has to give fifty. So according to the Rashba, it's pretty good. You know why? I'm not saying it's a devariyah teretz; it's a shtikel teretz. Why? Because the eidim never said he owes fifty. All the eidim said was that he borrowed. It's because of him that he says, כל האומר לא לווה כאילו אמר לא פרע, that he has to pay. That's a chiddush. He pays fifty and he has to swear. The chiddush of fifty is because there's no real raya, berurah here, on how much he should be paying, because the eidim never said the owed fifty. He wants to really be modeh. He's only being modeh through loh lavah, so that's Reb Chiya's chiddush. I mean, that's good for Reb Chiya's chiddush, that since כל האומר לא לווה כאילו אמר לא פרע, so it comes out that he's modeh on fifty, pays fifty. I can say, so why are you looking b'vatcher for the halacha, כל האומר לא לווה כאילו אמר לא פרע? Okay. Yeah. That's saying against the malveh thing. Malveh saying a hundred, they just know fifty. That's right. Sure, they know fifty.

Fifty. That's saying fifty. Okay, okay. Everybody relax. I see that. Maybe a little bit, ... five, and the answer is because beis is no real hoda'ah here, but it's only because kol ha'omer lo lav ki'ilu hoda'ah. So therefore, ... maybe. Anyway, what is the yesod of the machlokes? What is the hesber of the machlokes of the Rishonim if the case is that the eidim hame'id lava, and that the person has to say, lo amarti ki'ilu amarti lo para, or like the Rambam that he lehedya says the eidim lehedya, he mechayev him the fifty. If you look at your sheets, we said, ma bi'arnu byesod ha-machlokes Rishonim ... and the answer is, we spoke yesterday, do we need the hoda'ah מצד the mitzvah? According to the Rashba, it's true that the eidim are meshutaf to become a partner in the hoda'ah, but you definitely need that the person asher yomar ki hu zeh, that he's part of it, that he also was modeh, because the pasuk l'maaseh says asher yomar ki hu zeh. According to the Rambam, it's good enough if he has no shaychus to this. If he's not a part of it at all, but the mere fact that the eidim are modeh for him, it's good enough. That's how we were masbir the machlokes.