Shevuot
Teacher Title Abstract Course
Rav Moshe Taragin The Shevua for Those Who “Hurry” Their Confessions (Ma’arim) In this shiur, we will study the case of a nitva who "hurries" his confession in order to avoid a situation of modeh be-miktzat, and thereby avoid a shevu''a. In this case, the gemara mandates that the nitva take an oath. What is the basis for this shevu'a. Does the hurried confession raise our suspicions, or does it somehow create a situation of modeh be-miktzat? Talmudic Methodology
Rav Moshe Taragin Shevua on a Mitzva The gemara in Nedarim cites Rav Gidal's famous halakha that one is allowed/encouraged to take an oath to fulfill a mitzva. Talmudic Methodology
Rav Moshe Taragin Shevuat Eid Echad In this shiur, we will examine the shevuat eid echad, the oath taken by a defendant when one witness claims that the defendant owes money. The question of whether the witness himself obligates the oath or merely augments the claim of the prosecution, which in turn obligates the oath, may lead to many interesting nafka minot about the application of shevuat eid echad. Talmudic Methodology
Rav Moshe Taragin Davar Ha-Gorem Le-Mammon (Part 2) To Which Items Does The Principle Apply? In the previous shiur, we addressed R. Shimon’s position that a gorem le-mammon is halachikally regarded in the same manner as a classic possession. In this shiur, we will explore the types of items that can be classified as gorem le-mammon. Talmudic Methodology
Rav Moshe Taragin Shevuat Shav Even though halakha eschews distinguishing between serious prohibitions and less severe ones, one particular aveira is selected for special mention. Talmudic Methodology
Rav Moshe Taragin Shevuat Bituy Le-HaBa Last week's shiur considered the correspondence (if any) between a shevuat sheker and a shevuat shav. This shiur will iy"H examine the dynamic between two different forms of shevuat sheker - an oath about actions in the past or one about actions in the future. Talmudic Methodology
Rav Moshe Taragin The Principle of Mitokh: Monetary Payments when an Oath is Defaulted If a defendant who is obligated to take an oath cannot take it (generally because he does not possess definite knowledge, we apply the principle, “mitokh she-eino yakhol li-shava meshaleim” - he is obligated to pay. In this shiur, we will examine whether this is a penalty for causing the oath to "malfunction" or if it is a result of the original monetary obligation that has met no resistance from an opposing oath. Talmudic Methodology
Rav Moshe Taragin Shevuat Heset At the de-oraita level, if a defendant (nitva) completely denies a monetary claim, he is not obligated to payment or to take an oath. If he partially confesses, he pays the confessed sum and swears about the sum he denies. However, a late takanaattributed to R. Nachman instituted a Rabbinic shevua known as shevuat heset for any denied claim. This shiur will explore the nature of this oath. Talmudic Methodology
Rav Moshe Taragin Gilgul Shevua An interesting halakha known as gilgul shevua allows a litigant to expand a current oath to include additional litigations that did not legally conclude with an oath obligation. In this shiur, we will explore the nature of this halakha. Talmudic Methodology
Rav Moshe Taragin Disqualification of a Chashud from Taking a Shevua A person who has been caught swearing falsely or has violated infractions that disqualify for eidut is considered a chasud, a suspicious person who cannot take a litigational oath. Is a chashud inherently disqualified from shevua oaths, or is he merely procedurally prevented from offering his suspicious oath as testimony? Talmudic Methodology