Here in the Gemara, starting on דף ג' בבא מציעא דף ג' עמוד א', goes through דף ג' עמוד ב', goes all the way through דף ד' עמוד א', which is known as the sugya called the sugya of רב חייא קמייתא, the sugya a din of Rav Chiya. And the Gemara quotes two dinim Rav Chiya made, said. The first one we call רב חייא קמייתא, the first din of Rav Chiya, and then you have רב חייא בתרייתא, the second din of Rav Chiya. Well, this is the first din of Rav Chiya. So it's a long אריכות here just in the Gemara, I'll just try to make it bekitzur. Rav Chiya, it's תני רב חייא, רב חייא made a thought a din. We all know a din of מודה במקצת. Someone says, Reuven says to Shimon, \"You owe me $100.\" He says, \"I only owe you 50.\" So the 50 that he's modeh he pays, and the other 50 he has to swear, that's in a מודה במקצת swears. It's one of the three שבועות דאורייתא. You know in the Torah there are, all the שבועות that the Gemara talks about, for this you swear, for that you swear, this is all שבועות דרבנן. There are only three מדאורייתא. One of them מודה במקצת, and I'm saying this because it'll be נוגע to later, one is a עד אחד. If you

have one witness. If I say you owe me money, you say you don't, and I bring a witness, so if I bring two witnesses, you have to pay. Witnesses say you owe the money, you have to pay, but if I bring one witness, it's מחייב you a שבועה, all it does is it makes you swear. So מודה במקצת swears, eid echad, and then you have שבועת השומרים. If you're a shomer and you say it got lost, like say שומר חנם, so you don't have to pay, but you have to swear. That's שבועה דאורייתא. So klal we know by מודה במקצת there is שבועה דאורייתא. Comes Rav Chiya and he says like this: מנה לי בידך, ראובן says to שמעון, \"You owe me $100.\" והלה אומר, and the guy answers, \"אין לך בידי כלום.\" \"I don't owe you anything,\" which means the guy is כופר הכל. But והעדים מעידים אותו שיש לו חמשים זוז. I have two witnesses that they know about 50. They don't know anything about the other 50. They don't say yes or no, 50, we know you owe. So here, נותן לו חמשים זוז, so Rav Chiya says you pay the 50, obviously, וישבע על השאר, and the other 50, you swear. Why do you swear? Because he claims you become similar to a מודה במקצת even though you're not. And he gives a לשון, שלא תהא הודאת פיו גדולה מהודאת עדים, that the admission, if you admit yourself you're a מודה במקצת, you have to swear, that is not stronger than when eidim say the same thing as you say. Right. Kal vachomer, that if

when you yourself say, \"I owe you 50,\" you have to swear on the other 50, so when eidim say the same thing, he says you avadai have to swear. I have a kal vachomer. Kal vachomer. I have a kal vachomer that eidim say that avadai you have to swear, that's called, so let's refer to it מודה במקצת as the Gemara refers to הודאת פיו, your own mouth was modeh, and this is called הדאת עדים. Different word, not הודאת, not modeh or not מודה, הדאת לשון עדות. You have testimony of eidim, in this case of 50, we call it הדאת עדים, and your הודאת פיו. So he says, \"I have a kal vachomer to prove that מה דך that when you're modeh yourself you have to swear, if you're modeh to part, if eidim say the same thing, you avadai have to swear.\" Now, all the details, the Gemara back and forth, but let's go on to just the main points. Fregt the גמרא, מאי קל וחומר? How does the kal vachomer work? So the Gemara says like this: kal vachomer is: מה פיו, מה דך פיו, when you're מודה yourself, שאינו מחייבו קנס, if you're מודה yourself, the דין is מודה בקנס פטור. If a person is מודה, \"I owe you money,\" I have to pay, but that's only if I מודה in ממון, but not in קנס. למשל, if a guy steals, you have to pay קנס, you have to pay כפל, you have to pay double. That's only if the עדים find you, comes they take you to בית דין and they testify, but if a guy comes to בית דין himself and says, \"You know, I did teshuvah, I stole,\" if you're מודה yourself, you don't pay קנס. So מה דך, if your own mouth is not so strong, it can't make you pay קנס, makes you a שבועה, עדים, שמחייבים קנס, עדים are stronger, they can even make you pay קנס, אוודאי נמי מחייב שבועה, they can make you a שבועה. So comes the Gemara later on, I'm skipping around here because this, the Gemara says, how could you learn out הדאת עדים from הודאת פיו as we just said? I could tell you maybe only if you're מודה you have to swear, because הודאת פיו has something stronger than עדים. What's stronger? Always know this, עדים is we all know the strongest thing. The answer, the vort is, there is not שייך הכחשה. No one could contradict you. If a person is מודה, \"I owe you,\" you can have 25 עדים coming and say you don't, you have to pay, cuz you're מודה. But עדים, if other group of עדים are מכחיש, so this עדים become בטל. In other words, פיו is stronger. Oh, if piv is stronger, maybe only peh, which is stronger, could make you swear, but not edim. So the Gemara says, you know what? We'll learn it out from an eid echad. Make the kal vachomer from an eid echad, from one eid. And this is how we'll make: מה דone eid cannot make you pay—I mean, when one eid comes and says that you owe the money, you don't have to pay. Nevertheless, it could make you swear, cuz the din is eid echad makes you swear. Two edim that are stronger, they can make you pay, אוודאי they can make you swear. Comes the Gemara, and the Gemara says: How could you learn out from an eid echad? By eid echad you're swearing on what the eid is saying. The eid says you owe a hundred dollars. You got to, and you claim you don't, you got to swear to contradict the eid. What are we talking about here? The edim say you owe 50. What do you want to make you swear? On the other 50! So you're learning out something that doesn't make sense. So the Gemara says, okay, let's learn it out from גלגול שבועה of eid echad. This is another din. Any time a person is מחוייב a shevuah for a certain טענה, you could be meg alegel, you could already roll upon him, if this guy, the same guy has more טענות to him, but טענות that don't deserve a shevuah, you could tell him, force him, and this is a דין דאורייתא, force him to swear on that too. Okay, so here, what'll happen? We

have a דין עד אחד comes, let's say, and says you owe a hundred dollars. You deny it, you have to swear. But in the meantime, I have other טענות to you. So because of this eid echad, I could make you swear on things that the eid echad never said. What is the Gemara saying? Why couldn't you learn out that edim make you swear from eid echad? Because by eid echad you swear on what he said, and by edim it's not. But by גלגול שבועה you swear on what he didn't say, and let's learn it out from there. Comes the Gemara, and the Gemara asks: You can't learn out from there, from a גלגול שבועה of an עד אחד, because by גלגול שבועה, then the Gemara says the לשון: מה לגלגול שבועה דהא שבועה גוררת שבועה, שבועה גוררת שבועה. It's not the עד אחד makes you swear. Because he made you have a שבועה, so this שבועה makes you swear another שבועה. But we're trying to learn out from by two עדים. Two עדים there is no שבועה that makes you swear, they make you pay the 50. So how do you know that money making you pay also can schlep? Here it's the שבועה that schleps. So therefore the Gemara comes out maskana that you can learn out from a combination of both. It's not נוגע so far, we learn out from פה and עד אחד together. I'm just going to focus on this last little piece. So here we had a hava amina and a maskana. We had first the Gemara thought that we could learn out that two עדים make you swear from גלגול שבועה of עד אחד. Then the Gemara said you can't learn out from there because גלגול שבועה דעד אחד, the שבועה makes the שבועה. But by two עדים you don't have it. What was the hava amina? Everyone understands that by an עד אחד, how could he make you swear on something he never claimed? He doesn't even know about the second טענה. He says you owe the hundred dollars. The בעל, the guy who I'm helping, knows טענות, other things. So that's not from the עד אחד. So that's an obvious סברא. The Gemara's קשיא why you can't learn out is so obvious, that it's the שבועה that makes the שבועה, so how did the Gemara even have a hava amina? To learn from an עד אחד. To learn from גלגול שבועה דעד אחד. That's my, this part, the Gemara wants to learn גלגול שבועה דעד אחד, when גלגול שבועה דעד אחד, the שבועה גוררת שבועה. The shevuah brings a shevuah. And by עדים there is no shevuah to bring a shevuah. In other words, pashut by eid echad, by גלגול שבועה דעד אחד, it's not what the eid echad says that makes you swear the second shevuah. The eid echad makes you swear on the first thing. That shevuah brings another shevuah. So how could we say that we learn out from the fact that an eid echad could do it, two עדים could do it? Eid echad doesn't really do it. The shevuah does it. Right. So normally we would learn that the hava amina was that it's not like that, that the eid echad does it. The hava amina was that the eid echad, the guy who says that you owe the money, this causes the second shevuah. But how did he think so? I mean, how does he cause the second shevuah? He causes the first shevuah, and the first shevuah causes the second shevuah. So here we could explain it in a few ways. The

first way is based on this general chakirah that we have many times about different things. When you have one thing cause another, it could fall into one of the two categories. אבות ותולדות. Or, yeah, יסוד ובנין or סיבה ומסובב. סיבה ומסובב, cause and effect. And יסוד ובנין means foundation and building. The difference is, I mean I'll explain it, a יסוד is the whole foundation of the building. In other words, the whole building is standing on the יסוד. And that, I'm finding if there was נפל היסוד, נפל הבנין, you can't. A סיבה ומסובב, cause and effect, that this could cause something else, and the second thing now has an entity of its own. And even if the first thing falls away, the second thing stays. Some things are not like that. I'll give it a, always I use this simple example. You always say the cause is still in the effect in some in some way? No, we say that— No, pashut. I pushed this. What caused this to come here? My push. Now it's staying by itself. Don't have to have like like fifty ounces of mashal. The din is like this: if you owe me money, all your נכסים, all your property is משועבד to me. And therefore even if you sell a field to somebody else, I could come to that guy and take it. So the cause here is the fact that you owe me money. The effect is that your fields are משועבד. When you pay me the money, you can't say, \"Whatever, the שיעבוד the שיעבוד is a din of its own.\" The whole מציאות of the שיעבוד, the whole יסוד is the fact that you owe. The moment there is no yesod, there's no binyan. It's all... So even though it looks like two things: you owe me money is one thing, then there is the field is משועבד to me, it's really one. Sometimes we have a סיבה ומסובב. This is on the business of סיבה ומסובב. A mashal, even an example, there's a din when the Rabbanan made a takanah for a certain reason, the din is that even if the reason falls off, the takanah stays. The Gemara learns it... because they expressly said... Gemara says learns it out from מתן תורה. Before מתן תורה the Eibershter said to the people, \"Stay away from your wives,\" and the reason is because of מתן תורה. When מתן תורה was over, automatically the reason is not there. No, the Eibershter said, \"Go back.\" He gave them a heter. Why did he give them a heter? Because even though the issur was based on the reason, but the moment there's the issur, it stays. That's what the Gemara says: דבר שבמנין, if the chachamim got together and made a דין, צריך מנין אחר להתירו. You have to get together again and take it away. Can't say, \"Because the reason isn't there, mimela the din doesn't stay.\" And many other places. So we see some things are יסוד ובנין. Sometimes when you have two things, it's foundation and a binyan, which means the two are really one. The whole mahut of this second thing is the yesod of the first, that's only one. Or you could look at some things as סיבה ומסובב. Let's apply here, too. Here we have like this: the guy has a טענה. The טענה that he says makes him swear. The guy says, \"I don't owe you the money.\" Now there's an עד אחד against that טענה. So there's a טענה which has an עד אחד fighting it. Because of that, this causes a שבועה. Now we could look at this in two ways: Do we look at it that the שבועה is nothing but the טענה? It's like the טענה is the yesod of the שבועה. In other words, if we say like this, it would mean that you claim, you're claiming you don't owe the money, now you have to swear. You know what swearing really means? Repeat your טענה with the tokef, with the strength of a שבועה. It's not like another entity of a שבועה. You could look at that the שבועה is the טענה, but the טענה under oath. M'meila what comes out that when you have to swear, that is the טענה that you're claiming. Or you could say, \"No, there's two דינים: there's a טענה. After you have the טענה and like the עד אחד contradicts you, if the עד אחד contradicts you, there's a דין that you have to do something else.\" That's another, which is an effect. The second way is סיבה ומסובב. The טענה is the סיבה why you have to swear, but the the the שבועה is a מסובב. It's a it's a דין that the Torah put upon you based on because of your טענה. And the first way is it's not a דין that the Torah it's a דין of the Torah, obviously, but not a separate דין. The Torah just said that טענה that you have, this is the שבועה. The שבועה is the טענה that you have. Ela mai? The טענה should be said in a form of a שבועה. Till now you סתם said it, now we're מחייב it. Because there's an עד אחד against the טענה, the טענה has to be said in the form of a שבועה. What is the difference? This could be the difference: if the טענה is a if the שבועה, I mean, is a separate entity, then we have three things here. We have your טענה, which an עד אחד is against, this causes a שבועה. Now, when it comes to גלגול שבועה, that for sure that the שבועה, the first שבועה causes the second שבועה. That's a גלגול, there's rolling over that because of that, you have to swear the second שבועה. Why what's the first and the second שבועה? There's only one שבועה. No, no.

I'm going now based on this to the other דין. We started off by saying that there's a גלגול שבועה that when you swear on something and you have a different טענה, this could cause you to have to swear. So I'm saying, but the Gemara said that you can't say this is the עד אחד making you swear the second, because it's the שבועה that makes the second שבועה. The question I'm asking is what is the גדר of the שבועה? If the שבועה, the first שבועה is a separate entity from the טענה, so then the so we divide it like this: you have a טענה, the טענה deserves a שבועה because of the עד אחד. The עד אחד make Since the עד אחד says you owe, you claim you don't, that טענה deserves a שבועה. If this the שבועה is a separate entity from your טענה, what comes out? That that there's a that so the שבועה is a separate entity. A שבועה is already not the טענה that the עד אחד is fighting. That's a a new דין that you have. This שבועה makes the second שבועה. So then we look at it that the עד אחד is not the one that made you have the second שבועה. The שבועה made you have the second שבועה. If you're going to learn this as יסוד ובנין... The טענה the שבועה is the טענה. And if the שבועה is the טענה, the טענה is what the עד אחד makes you do. So if you say the שבועה makes the other שבועה, you know what the שבועה is: this שבועה is the טענה which the עד אחד is fighting. The third one, the second one, the second שבועה comes from the טענה. No, no, the second שבועה comes from the טענה, right, since it comes from the first שבועה and the first שבועה is the טענה, so the second שבועה is there because of the טענה. And what's the טענה? The טענה is what the עד אחד is fighting. So it comes out that the עד אחד is the one that causes the second שבועה. So we had in the Gemara hava amina that the עד אחד causes the second שבועה. Then the Gemara, no, it's not, שבועה גוררת שבועה. So someone was asking, what are the two sides? I'm saying the hava amina was that it's יסוד הבנין. U'memila, what is the pshat? That the שבועה and the טענה is the same thing, u'memila the טענה is what the עד אחד is fighting, and that makes the second שבועה, so really the עד אחד makes the second שבועה. HaGemara maskana is, no, the שבועה is a separate entity, the טענה is one thing, the טענה is the one that deals with the עד אחד. Then the Torah says, because of that there's a שבועה, and the שבועה is a separate entity. Now that שבועה, which is a separate entity, makes the second שבועה, so it's not the עד אחד. That's why the Gemara says that you can't learn out from here from עד אחד, because it's separate. That's one way to learn. Just a question on this. This is affecting when we learn this we're saying, okay, the nafka mina is affecting a third party, we're fitting it in, yeah? But how would a nafka mina affect the how would my nafka mina in the in the actual ein hachi nami, no nafka mina. Why do we have to say this? No, it's not it's in order to understand whether the גלגול שבועה third party, there was never a nafka mina. Ein hachi nami, this makes no difference. Makes no difference. Yeah, yeah. I want to say it another way along the same line of יסוד הבנין and סיבה ומסובב, but a little bit different. Until now what we're saying יסוד until now we were speaking about the the סיבה ומסובב or יסוד הבנין between the טענה and the שבועה. I want to say something else now: the first שבועה and the second שבועה. In the עצם, do we say like this, that the first that first שבועה is the יסוד of the second שבועה, that means the מציאות of the second שבועה is the same thing is the same thing as the first, or we say no, there is a first שבועה and that makes the second שבועה? Now that will be the difference. If the sec- and I'll explain why I would think that it's all a יסוד. Because what's the pshat you swear your second שבועה? It's basically you could say as if it's saying when he makes you swear, the עד אחד makes a דין שבועה. If there is a גלגול שבועה here, that same שבועה gets broadened and מתפשט to something more. That's how you could learn. Or you could learn no, the דין is that you have to swear on this. Now the Torah says, if you have to swear on this and there's another טענה, this שבועה makes another שבועה. Yeah, but you're saying it is a סיבה, you're not saying it's יסוד. The Gemara talks, you bound to make a שבועה, you like to make him another one. No, that's the מסקנא of the גמרא, because the hava amina was that that's that's one thing. So since the עד אחד makes you swear, and that שבועה that he made you swear is extended, that means that who made the second שבועה? The eid echad! So that's the hava amina of the Gemara. And actually, if you look in Rashi the way he explains the hava amina of the Gemara, he says the לשון, let me just say, when about gilgul shevuah he says like this: אם נתחייב לשבועה על ידי עד אחד, let's say a person is chayav a shevuah through a עד אחד, והיתה עליו טענה אחרת שלא היתה בה חובת שבועה, and there was another ta'anah which didn't need a שבועה, מגלגלין אותו עם שבועה זו, it doesn't say מגלגלין אותו we we roll it over to another shevuah, we roll it over with this שבועה, ונשבע על שניהם, he swears on both, it doesn't say ונשבע עוד שבועה. Because it could have said, if you have a ta'anah and you have to swear and there's another ta'anah, so then this makes you should swear another shevuah. He makes the both shevuot into one shevuah. And that's how he's saying peshat in the hava amina. So I want to say this is the הוה. The hava amina was that the two shevuot are really יסוד הבנין. So the יסוד the of of the second shevuah is the first, not that sibah: one shevuah makes another shevuah. If it's all one, so then it's the

same thing, so the eid echad makes the first shevuah automatically, that's teitch he makes the shevuah which this shevuah is now extended, it's a little bit מתפשט to the second ta'anah. And you can use that same language to say the other side. You can use the same language to say since it says because of this shevuah, that means the shevuah took on a category, an entity, a life of itself. Which shevuah? This first shevuah. No, that's what's I'm I'm saying now the first shevuah and the ta'anah go together, and that's not That was the before, the she'eilah is is the first שבועה an entity in itself. I'm saying normally not, normally the first שבועה and the טענה that's one thing. And now we're saying this שבועה that the eid echad made now causes a גלגול שבועה, the second one. So is the second one the same together with this, or it's a new שבועה? That's the שאלה. How does the second טענה play a part, though? I mean, obviously the second this the גלגול שבועה is because of the second טענה. We're not talking about that, really. No, but l'poal, if he knows if we know there is a second טענה, we say beit din will tell the guy, swear on the second thing, too. Yeah, but that's a יסוד for the the גלגול שבועה. Which one? The second טענה. No, why is that? That's for sure this the second. We're talking about about the דין שבועה. That's Whatever the the שבועה is because of a טענה, but what made the דין שבועה of the second שבועה? The first שבועה is is extended to the second שבועה because of the טענה. In a way not because of the first טענה, because of the second טענה in a sense. In a way not because of the first טענה, because of the second... First... No, but the second טענה doesn't deserve a שבועה. But yet it causes it because that that causes the גלגול שבועה. No, it doesn't. Second is a If there's no טענה, there's no שבועה, but it didn't cause the דין שבועה. That טענה is a טענה. Rashi means והייתה עליו טענה אחרת שלא הייתה מוטלת עליו שבועה. The second טענה has no שבועה. I mean, I mean you've been asking for a גלגול. It's not an extra, a second שבועה. It's part of this the same... Right, but I'm saying what kind of גדר does it have then? See, I'm not even so expecting how l'poal he does it. He make it two שבועות separately, or does he swear one שבועה as a Whichever way, it makes no difference. The sevara, even if he makes one שבועה, could be considered two דינים. That include both. Or you could say that one din. The gilgul shevuah makes that the shevuah the first shevuah can be extended or not. And if the first shevuah is extended, it's all from the eid echad. The second shevuah is also from the eid echad. It's the same shevuah as the first. But if it's a second shevuah, it's the first shevuah that makes the second shevuah. Okay. But then this is all like but then there's a another way we could go into explain the Gemara. Gemara, that's already more באריכות and more going into other things. To explain that, let's get back to a Tosafot דף י״ג עמוד ב׳. And that Tosafot, yeah, Tosafot says something. We know a דין, מתוך שאינו יכול לישבע משלם. Also in the Gemara like this, mechuyav shevuah, someone is mechuyav a shevuah, someone has to swear ואינו יכול לישבע, and he can't swear, the din is משלם, because Okay, that's going to be a question. Why? What does the din, I want to explain the din. The

classical din is like this: נסכא דרבי אבא, that's the famous case, a piece of silver of Rabbi Abba. The Gemara tells a story, there was a guy who grabbed away a piece, a chunk of silver from his friend. Let's say Reuven grabbed a chunk of silver from Shimon. And there was an eid echad who saw him do it. The guy called him to beit din. The guy said, 'Yeah, sure I grabbed it. It's mine.' And Rabbi Abba was sitting there, and Rabbi Abba said, 'I have no idea how to pasken'n this din. It's a strange din. What are we going to do here?' The klal the din is like this: wherever a case where had there been two eidim saying the same thing, you'd have to pay, if one eid says it, you have to swear. Okay, in this case, had there been two eidim that saw him grab it, he would have to give it back. But he explains it's his. He would not have to. He would. He would have. Sure. We don't care what he says. The klal is חזקה מה שתחת יד אדם שלו הוא. So if two עדים said, 'We saw the guy holding it and you grabbed it,' give it back. So you have to give it back. לפי זה, if one עד says the same thing, you have to swear. What are you going to swear? What you have to swear by an עד אחד, you have to swear against the עד. What did the guy עד say? 'You took it.' 'I agree, and sure I took it.' אלא מאי, let him swear it's his. The עד אחד never said it's not. So you can't swear. There is no shevuah against the so you can't swear. Let him pay, give pay. No, there are no two עדים, on what basis should he pay? So the

Gemara doesn't know what's going on here. The best thing is a מחוייב שבועה, because if two עדים would have been here, they would have paid, so עד אחד makes you swear. So this guy A מחוייב שבועה of מודה במקצת. He's completely not מודה במקצת, no, what kind of מודה במקצת? In general, because as an עד a shevuah, An עד אחד, you understand. but he can't, but he can't An עד אחד says that you owe the money, and you say you don't. No, but it's not the same, owing is taking. But, yeah, ein hachi nami, that's why he can't swear. Let's say the עד אחד would say, 'I know for sure it's not yours,' what would be the din? Then it would be great. Then it would be a חיוב. He would swear, definitely. That's So here the עד אחד is basically saying the same thing, because two עדים would have made him pay. עד אחד saying the same thing to them makes him swear. But lemaaseh, he can't swear. But the עד did state, 'So he took it from somebody else.' Right, so the document belongs to the other person. Right. Right, but you can't tell him to give it back based on what? But if עד as you But we don't trust an עד אחד. עד אחד is only trusted enough to make you swear. חזקה, it means he stole it. So you can't make him give it back because of his הודאה. Mah nafka minah, if you're going with his what he's מודה, but he's טענה'ing it's mine! חזקה דמרא. Mah, azoy, why? No, that's when a person makes himself a רשע. That's what we say. We don't say סתם, because we can't figure it out we make him a רשע? We on his own thing we can't make him give it back, because he says it's mine. אלא מאי, because of the עד אחד. The עד אחד doesn't make you give back either. It doesn't make you pay. It makes you swear what two עדים would make you pay. So here we have a problem. The din is this guy is called a מחוייב שבועה. That's what we call him, מחוייב שבועה. But he can't swear. אינו יכול לישבע, משלם. So you got to pay. That whenever you're מחוייב a shvuah and you can't swear, you got to pay. Well, he's מחוייב a shvuah because of because of the עד אחד. But he's not being משלם to the עד אחד. Right. So there's no But the עד אחד, the klal is if it whatever Two עדים would say would make you pay the money, and an עד אחד makes you swear. In this case, two עדים would make him pay, so now he's מחויב a shvuah with an עד אחד, but he can't swear. So he's משלם. Makes sense. We're going to wonder, why does it make sense? We'll see in a second. Then

Tosafot comes up with a new din. Tosafot here, Tosafot in דף ה עמוד ב. This klal of מתוך שאינו יכול לישבע משלם is only by a שבועה דאורייתא, not by a שבועה דרבנן. Okay. What we have to understand is two things: what is the logic behind מתוך שאינו יכול לישבע משלם, why do you have to pay? See, I have I'll explain my she'eilah. If the guy can't swear because of his fault, lemashal, sometimes you have a case that you can't make him swear because he's a person that בית דין suspect that he's going to lie even with a shvuah. So we don't want, we can't make him swear. Then you could say it's his fault that he can't swear. So be'emet you have to swear. A normal guy, what does it mean what is the taytsh when you have to swear? That if you don't want to swear, you pay. That's the whole idea: make you swear that you're right. If not So this guy, it's his fault he can't swear, or other reasons it's his fault. But here, it's not his fault! What What did I do? he says. I didn't do anything wrong! I'm just telling you the מעשה כמו שהוא. You're making me pay, on what basis? So why is there a logic of מתוך שאינו יכול לישבע משלם? That he shouldn't have grabbed it. He should have settled his differences in a court of law. Oh, that's That sounds like a lawyer. Everybody got a lawyer. I mean, he saw the guy holding it and it's his, he took it. I I would do the same, no? See a guy holding my watch and I have a chance to take it, I would take it. You think I would go to I'll take him to בית דין? No, I would take my watch, it's mine! He says it's his thing, he took it. I mean, he's not doing wrong. Why does he have to pay because he can't swear? Suppose he says, \"I don't want to swear,\" or \"I can't swear,\" the Torah did the the halachah doesn't let him swear. So, that's one she'eilah. Second she'eilah is, why by דרבנן not? Why if it's a שבועה דרבנן, we don't say the same thing? If it's מתוך שאינו יכול לישבע משלם. Now, some people hold that this whole din of מתוך שאינו יכול לישבע משלם is a דין דרבנן. The Rabbanan said that. Then we understand. By a שבועה דרבנן, the Rabbanan didn't make takanot. They didn't make the Gemara uses the לשון תקנתא לתקנתא לא עבדינן. A takanah to a takanah. But if we hold, mostly poskim hold, it's a de'oraisa. The Gemara learns it out from a pasuk. So then it's a de'oraisa, so there's not a takanah. So why by a שבועה דאורייתא, yeah, and by שבועה דרבנן, not? So, explain like this, which likhora you could say, normally we learn, what is the pshat of a shevuah? Shevuah means someone whatever whatever reason you're chayav a shevuah means that we can't accept your ta'anah unless you give it more more validity. How do you give your ta'anah more validity? If you swear, we accept, we assume that you're saying the truth. Now, sometimes we accept what you're saying without needing a shevuah. Let's say a case of a כופר הכל, and there's no עד אחד, so we accept the ta'anah that it's that you don't owe the money, and we don't ask you to strengthen it. If there's an עד אחד against you, or as a מודה במקצת הטענה, like this example, since you admitted half or something's there, we need to believe you for the other half with a shevuah. Same with עד אחד. Because if there's an עד אחד against you, then we can't just say, okay, we believe you. The Torah said you've got to strengthen it. That's how we learn usually, normally, the geder of a shevuah. There are re'ayot, now I'll just mention very fast some of the re'ayot, that there's an a main other point by a shevuah. So, from from the practical point of view, I don't know how it'll be accepted. Well, I'm saying it because you know, in legal law, it's so practical. You know, nothing to do with הלכהדיק things. The fact that you have to swear is a תשלומין, payment. You you owe the guy you owe the guy a shevuah. And there are a few places, there's a Shitah Mekubetzet in Ketubot and Shitah Mekubetzet in in in in in Bava Metzia in Bava Kama, where it uses a לשון, שבועת עד אחד, a shevuah, is תשלומין הן. It's a payment, and you owe the guy. Obviously, it's also to strengthen your ta'anah, obviously, that's also. But the

main thing of a shevuah is, a shevuah is a chiyuv that you have to that person. Just like if the two edim come and they say you owe him money, here you owe him a shevuah. And that's the לשון they use. I'll give another re'ayah. Obligation. And not It's not Obligation is one thing. You owe it to him. It's a תשלומין. תשלומין, it's payment. The Mishnah says in Shevuot, when shemittah comes, when you owe someone money, shemittah is mashmet. You don't owe it. If you have to swear, there's a tevi'ah and the halachah was you have to swear, shemittah comes, you're patur from the shevuah. Shemittah is mashmet. Mashmet means it takes away the loan. The Torah says, and the Gemara learns it out from a פסוק, משמט. But why does one person have It's a good But why do I owe you a loan? I mean, some guy comes to me, lies about me, all of a sudden I owe him something? Especially a shevuah? If it's an עד אחד! That's the thing. If it's two edim, some guy comes Okay, so say the Torah says two edim is that he owes him money, and a עד אחד, which I'll explain it even better, and a עד אחד also makes you owe money. You owe him, if a עד אחד says you owe him. The difference is if two edim say you owe him, you have no option. Right. And if a עד אחד says you owe him, the Torah says you owe him the money, with an option of instead of paying it with the money, pay him with a shevuah. That's what it is. So basically, that's a form of payment. Paying with a shevuah is paying by... Ah, shemittah is mashmet. Now you start talking with the payment. Paying with a shevuah. When you paid, you do the shevuah is already... If the din is that if that's the din. Yeah, thank you very... I'll tell you even more. Yeah. We started explaining about shemitah and the shevuah. No, I said shemitah is mashmet money. So how could shemitah be mashmet the shevuah? You owe the guy, you have to swear. There is a din that there is an argument, there's a עד אחד, and you have to swear. You never got around to swear. Whatever it is, the court, I don't know, whatever. And then came shemitah and you're patur from the shevuah? Why? Because the loan... No, the loan had a... If you would have sworn before, you would not pay the loan. What are you going to swear now? You're not, aber to say no... You don't owe him anything anymore, so what are you... No, no. What do you mean, no? If there was a din shevuah... So the payment, it's it's never collectable. So בשעת השמיטה wasn't collectable, it seems like. If a loan is not collectable in shemitah, then it's not mashmet. It's totally different, actually. No, this is So I'm trying to say that the shevuah is... But without the loan, there's no there's no shevuah. Right, but the loan is nothing, is batal. It's not, b'shemitah? If there's a loan that's not collectible during shemitah, shemitah is not mashmet. The... Really? Yeah, the Torah says לא יגוש. You can't demand. If it's a loan that you can't demand anyway, then the shemitah doesn't doesn't mashmet. Yeah, but still you should have made the shevuah or something right beforehand, made it collectable, and then it would the shemitah would have been a way around it. For the loan, yeah. But this But we're saying anyway, if the din is that he he has to swear, the din is he's not chayav to pay, he has to swear, and shemitah shemitah comes, shemitah is mashmet. משמע that it's all because this is the place of the money. It's like the money, and the money shemitah is מ- is also mashmet. Then there's another din. This is a This is a din that's even more... It's a din in

Bava Kama דף דף קו, פה Rav says, we don't פסקן like him, but because we don't go that extreme, but Rav says a מחודש'דיקע דין. Someone says to somebody, \"You owe me $100.\" He says, \"להד''ם! I don't owe you a penny.\" And he went along and he swore. The guy said, \"Okay, if you'll swear, I'll accept it.\" With an edim? Once the No, there are no עדים. And he And he swore. And the guy, \"Okay, you swore, you swore.\" Then the guy brought עדים that he owes him the money. So to Rav, you got your shevuah, too bad, you can't take the money. What does that mean? If you look at it naturally, what I'm saying A ligner! A ligner! Yeah. What do you mean you got the shevuah? If the whole pshat of a shevuah is that you טענה, and in order to accept the טענה you got to put in make it valid, make it strong, now we found out that your טענה with your shevuah is all a bluff, it's all a lie. Two עדים say! One עד, you said two עדים. No, no. Two עדים came. You're chayav a shevuah, maybe מודה במקצת or whatever, there was a עד אחד, you're chayav a shevuah. No, even No, you were not chayav. He came like you were not chayav a shevuah, but he swore, and the guy accepted it. So Rav says, You accepted it. You got the payment. Rav's right. According to this, Rav's right! So I said we don't pasken like this because to go that extreme to say we wouldn't, aber the idea, this is the pshat. Right, shevuah is paying. Huh? Yeah, shevuah is a תשלומים. You don't have to pay. Swear right away and get No, but the guy had to accept it. Rav's right. Yeah, if the guy accepted it. It takes this condition that people don't want to swear. It's over. Good. They're also saying that condition that people don't just swear No, that's You're right, and we trust him with the shevuah. But in the case where we found out that he's lied, as much as we assume people will say swear will not swear falsely, but what's he... What does that happen as much as it happens that people So maybe also the two עדים are also... No. Well, that we don't say. No! No! The Torah says על פי שנים עדים יקום דבר. What if the guy had to pay, but brings tomorrow two other עדים? Then we מכחיש them. That's right. No, we never say עדים are not 100% because maybe he'll bring other עדים. What happened to the עדים somehow? What happened then? What do you mean? Can the two two עדים can lie? Yeah. They can, but we don't No, we don't assume. If עדים come and מכחיש them, all right, but two עדים come, that's it. We don't have If that guy happens to bring other edim, then bring other edim. But it's not a pshat that every time you bring two edim it's up for grabs, maybe it's true, maybe it's not. Two edim is two edim. So what I'm trying to bring out is that a shvua is payment, and basically what it is, regularly with two edim you got to pay. Here he's also chayav to pay, ela mai? You have a way to pay through a shvua. That's what it is, and that will be considered payment. If we learn like that, we right away understand why there's a דין מתוך שאינו יכול להשבע משלם. Because if you can't swear, you got to pay, because it's not a pshat it's a קנס because you can't swear something, be'etzem You owe. When a עד אחד comes, but the Torah says you got to swear, the Torah doesn't say you got to swear, the Torah really says you have to pay. The Torah just says we give you an option. The payment could be done through a shvua. By two edim, they gave no option, and here is an option. The option fell off, not your fault, because of the מציאות, the case happens to be where there is no such option. So it's automatically, the payment is there. So we understand why the din is מתוך שאינו יכול לישבע משלם, since he can't swear, he pays. This explains the pshat why, if it's a שבועה דרבנן, we don't say it. Now, I'll explain why it wouldn't say it based on this. When we say here that the shvua is payment, I would have to add that this is when there is a certain condition that's met, which is: we said this is like payment. You have payment of money, you have payment of the shvua. When it comes to pay money, this is also a little bit, we're splitting, trying to split a hair. When you owe someone money, u'meila you have to pay, there are two things here. There is, you owe, and then there's you have to pay. Now normally it goes together. If you owe, you have to pay. If you have to pay, that means you owe. No, we find that we could split the two in half. There's a possibility for a person to owe money and doesn't have to pay. You become, the Rebbe's writing about the case of Shemitah. But there's even a better, another case, not better. That means you could owe the money, then he doesn't owe... No, it's called a שעבוד, yes, it's called the חיוב is there. Okay, I'll give you an example from Shemitah that he mentioned. The Rebbe says that when Shemitah comes, no, it's actually in a Mishnah. The Mishnah says, המחזיר חוב בשביעית, רוח חכמים נוחה הימנו. If someone comes and says, \"Shemitah, there's no loan, but I want to pay you, I'm a nice guy,\" so I come to the... the din is here, I come to you and

say, \"I'm going to pay the money.\" You have to answer, \"Sorry, it's Shemitah.\" But if I say, \"No, אף על פי כן,\" you're allowed to take it. Not only you're allowed to take it, חכמים says, \"Very good, it's a הידור מצוה to give it back.\" So they asked many she'eilot, but one of the two she'eilot he asked: How do you use the לשון המחזיר חוב בשביעית? How do you say you give back? It's not a חוב anymore! And second of all, why is Chachamim happy? If he doesn't owe him, the Chachamim say, \"I don't owe you any money, I'm giving you a present of a hundred dollars.\" All Chachamim are very happy why I gave you money? What has that got to do with this? So the Rebbe says therefore you must say, when Shemitah comes, the chov is still there. Shemitah doesn't mean there's no chov, Shemitah, the Torah just says the chov that you owe, you don't have to pay. We have that, many other... We have it, we mentioned so many times this idea. There is another place where we see something that we could split the two, and that's the whole idea of מכירת שטרות. There's a din you're allowed to sell a shtar. You owe me money, I could sell this shtar to you. Now you owe him. אמר שמואל: המוכר שטר חוב לחבירו וחזר ומחלו, מחול. You owed me, I sold him the shtar, I come to you, I'm mochal the chov. Machul the chov is machul. After you sold it? Even after I sold it to you. Well, what does that mean? He owes you money, I'm going to... I'm mochal a chov between you two? What's the pshat? Now the she'eilah is, some would ask, do I have to pay you because of that, because I made you lose money? You do have to pay that because of mazik, not because of the loan. I caused you a loss. Right. Just like the Rambam says על דרך, if someone, if I take a shtar that you have and I burn it, so I caused you a loss, you can't collect, but not because of the loan. Right. What's the pshat? How is that? If you owe him the money, how am I able to... The answer is very pashut. What I sold was the obligation to pay. The loan is still between me and you. In other words, I have a chov, you owe me, you have a... I have a chov on you without an obligation to pay. You have to pay him without a chov. That's the fact, that's what this din is. Yeah. So we see from here that we have this... That's the other one that's not Shemitah, that's the other example. This is not Shemitah, right, this has nothing to do with Shemitah. מכירת שטרות, selling a shtar which, וחזר ומחלו, מחול, so it's a crazy thing. She had to deal with this constantly, in today's world. Right, yeah. The chov and the obligation to pay, basically you're... I'm saying, right, I'm trying to split that, that there is a... you're chayav, in most cases normally, if you have a chov, you have to pay, but I'm saying there are two peratim here. We

said that paying, that a, giving a shevuah is also payment, so I want to say that giving a shevuah has the same two conditions, two peratim. You have a חיוב שבועה, and then there's the fact that you have to swear בפועל. That you have to swear בפועל. Pay with a shvuah. It's like payment. So the same, just like here, you have, sometimes you could have to pay בפועל without having a חוב. So you could have by shvuah also, you could have a חיוב שבועה without being called a מחוייב שבועה, the Torah says. Where would you find such a case? שבועה דרבנן. I want to say when the רבנן made you swear, the רבנן did not make you become a מחוייב שבועה. The רבנן did not make it that you are called a מחוייב שבועה. I'll tell you even why, a few sevarot. One sevara is, when the רבנן made a תקנה, all they did was, they want to accomplish something. So they only made the תקנה enough to accomplish what they wanted. They don't go further for no reason. Seder has דינים. If they wanted to accomplish something by you make you swearing, why would they have to put this חוב on you, make you a מחויב שבועה? If they want you to swear, they say that you could swear. And that's all they want. They want you to swear, but they're not they didn't put a status upon you of מחויב שבועה. בפרט, we know that the רבנן, that they're not optional. No, you have, just like what by the loan, when I sell the שטר, he must pay the money. It's not optional. But he doesn't have a חוב to you. So we see here the same thing. You're saying like when it's חיוב מדאורייתא? No, מדאורייתא. מדאורייתא, when the the Torah made that's a חוב, that's a you you call him מחויב שבועה. So you are מחויב שבועה, and you have to swear. When the רבנן made it, not. וכלל, we know that the רבנן don't have the power to change the status of something. They have the power to tell you what to do. That's the כלל. Also like איסור דרבנן. When the רבנן made חלב עכו״ם אסור, they didn't make it טרייף. They can't. They can't make it, let's go חסידישע שפראך, they can't make it שלש קליפות טמאות. How come you have to כשר it? Because for you, you're going to have What I mean is the chachamim says, \"You are not allowed to drink it.\" And the rabbanan have a right to force you what to do. They have the authority, but they can't change. On the גברא. On the גברא. So if you have a keli which has it, and you're going to put stuff in there, it'll absorb the taste, so you're going to eat that taste, so you have to kasher it, whatever it is. So, same thing here. The rabbanan cannot change the status of a person who mid'oraita is not מחויב שבועה, put him into a status of a מחויב שבועה. What they could say is, \"We want you to do something. We want you to swear.\" Okay. It makes sense that when is a shevuah in the place of payment? When you are מחויב שבועה. מחויב שבועה means that what the טענה that you have requires a shevuah, but that requires a shevuah is the payment. But in a case where it's only that you בפועל have to swear, there you are not called a מחויב שבועה, and if you're not called a מחויב שבועה, it's not תשלומים. There it's a din the rabbanan made. Now we understand the Tosafos. מתוך שאינו יכול להשבע משלם, we said why? Because this is in place of payment, and if you can't swear, you got to pay. A שבועה דרבנן is not a place of payment, because the rabbanan never said that you're מחויב. מחויב means it's not payment. He still owe. No, you don't owe lechatchilah. Chachamim מדאורייתא, if if it's a case of mid'oraita, you don't have to swear, means you don't have to pay, and you don't have to swear. If the case the rabbanan did, we want you to swear. The rabbanan didn't say you became a מחויב שבועה, which ממילא means that really they made you מחויב if this made you to pay, you really have to pay, and now instead you're going to swear. They didn't do that. They said one thing: we want you to swear. So you're not a מחויב שבועה. When do you say if you're a מחויב שבועה and you can't swear you pay? When you're a מחויב שבועה. But here you're not a מחויב שבועה. If you're not a מחויב שבועה, so then why should you have to swear? So now we understand peshat the Tosafos. Tosafos says that when do we say מתוך שאינו יכול להשבע משלם? By a דין דאורייתא. By שבועה דאורייתא. שבועה דרבנן, we don't say it. And we ask why. Actually, Rabbi Akiva, he asks why, the Ketzos asks why. Why why should it not be? So I'm saying I have a sevara why. Because if the whole מחויב שבועה מתוך is because you're מחויב שבועה, actually that's the lashon of the Gemara. The Gemara says, הרי הוא מחויב שבועה, וכל המחויב שבועה ואינו יכול להשבע משלם. The Gemara's pshat you have to be a מחויב שבועה. So without what I'm saying, we never think of dividing it: you're מחויב שבועה, if you have to swear, you're מחויב שבועה. No, I'm saying מחויב שבועה is another darga. There is a מחויב שבועה, and then there is you have to swear, and the Rabbanan never made you into a מחויב שבועה. So fine. לפי זה, I want to say, What's the nafka mina, but if you're not a מחויב שבועה? Then you don't say מתוך, no that's You're saying in our case, but other an application otherwise? I don't know there is. What's the Should it I'll tell you what. B'foal, it's not. Look at the Shemitah, would Shemitah be משמט this שבועה? Ah! If it's only Cuz we said שמיטה משמט because it's a payment. But if it's not a payment, Shemitah wouldn't be משמט. According to this, Shemitah Yeah, Shemitah wouldn't be משמט שבועה דרבנן. Yeah. So we would have old proof. But it's not. Well. No, it's not a pshat, it's not a pshat, because you could add another kvetsh there to make it, yeah. But the sevara would be nothing. Okay. What is all this נוגע to what we started with the גלגול שבועה? The

Rosh says later on on דף צ״ח עמוד א׳. I'll read inside an interesting Rosh. Here. Bava Metzia צ״ח עמוד א׳. מציעא. Okay, here. You know we have the דפים here, then it's צ״ט. Should be in here, someplace. צ״ח. צ״ח עמוד א׳. Okay, here. Yeah. All right. Here. Listen to the Rosh, the lashon of the Rosh: לא אמרינן מחויב שבועה ואינו יכול לישבע משלם. We only say that, אלא היכא שאינו יכול לישבע את השבועה שנתחייב על עיקר טענתו. If it's a regular טענה, and on that טענה you deserve a you need to swear, and if you can't swear, you have to pay. Then he gives an example. אבל בשבועה הבאה על ידי גלגול, a שבועה that comes through a גלגול, ולא על עיקר טענה, not the original טענה, so there, we do not say that if he can't swear, משלם, אף על גב דגלגול שבועה דאורייתא. So, he makes a new chiddush, that when do we say מתוך שאינו יכול לישבע משלם? By a regular טענה with a שבועה. By גלגול שבועה, we don't. Why not? Based on what we said before, it comes out like this: that the Rosh holds a גלגול שבועה is similar to a שבועה דרבנן. It's de'oraita, but when you have a שבועה on the original טענה, you become a מחויב שבועה. So there, you say, since you're מחויב שבועה, it's תשלומין, תשלומין, מתוך שאינו יכול לישבע משלם. גלגול שבועה is already secondary. There, the Torah says you've got to swear, but the Torah never made you a מחויב שבועה. That answers the question. What about if you say that if you say No. If I I I don't If you say to what? The second שבועה is is is an expansion of the first שבועה? Yeah. So that's no That's why they talk about not That's a different sevara. That sevara will not fit here. We're saying a different sevara now. Does none of them give a שבועה from רבנן anyway? No, גלגול is a de'oraita. Huh? Sure it's de'oraita. So, we're saying This is what I'm saying. So, it comes out from this Rosh that a גלגול שבועה is not a מחויב שבועה. On the גלגול, you're only bepo'al have to swear. The Torah says, if you have this, you have to swear. And therefore? So, therefore, I explained before, when do you say מתוך שאינו יכול לישבע משלם? When you're a מחויב שבועה, so you're תשלומין. But if you're not תשלומין, it's not תשלומין. You don't have to pay if you can't swear. That's what the Rosh says, that if you have to swear a גלגול שבועה and you can't, for whatever the case is, you don't have to pay. And we don't understand why. I'm telling I'm explaining why. Because the Rosh learns that a גלגול שבועה, you're not מחויב. It's just that you have to swear, but you don't have the category of מחויב שבועה. If you're not a מחויב שבועה, you're not בעצם תשלומין. If you're not תשלומין, then you don't say משלם. It can't have an effect. Yeah. This explains another Rosh. Hagahot Ashri, the Rosh in our Gemara. The Rosh says in our Gemara, it brings a ראיה, just בקיצור, brings a ראיה that by a גלגול שבועה, he says the guy who's claiming doesn't have to ask that he should swear the גלגול שבועה. The second time. No, the first If you owe If you owe me a שבועה, and then I have another טענה to you, so you don't have to On the second time you don't have to tell me, you know, on the second טענה, please tell him to swear a גלגול שבועה. We have to do it by בית דין. בית דין's got to do it. So, and brings a ראיה to it. Why do you need the ראיה to it? What is that? No, no, not what it matters. If you didn't say, if you have to know, without ראיות, why is it different than every שבועה? Every שבועה, when you say מודה במקצת, you have to ask for a שבועה? If you're a מודה במקצת, the בית דין sees you're a מודה, make him swear. If I have an עד אחד against you, you have to claim, you say, well, in that case I want him to swear. But if you don't say it, he don't swear. So why everyone here thinks different? פשוט, because the Rosh himself holds that this is a different שבועה. Every other שבועה you're מחויב על תשלומין. So when you טענה and you ask for payment, you're asking for the shvuah. But here you're not asking for payment, you're not mechuyav. So here there would be an havah amina that you don't have that you do have to ask for the shvuah. That's why the Rosh says a re'ayah that you don't, but otherwise you would think so. There must be a consequence, by the way, of not asking for it. Once the person forgets to ask you, do you have Could they shut you back to make another shvuah, or you Did you give up your right to go and demand it? I mean, Oh, you're right. No, if you would have to ask and you didn't, you might give up your right. If you don't have to ask, Yeah, that's I just said, but why do we need that re'ayah then? Yeah, that's the al kol panim, getting back to our Gemara. So it

comes out like this: that now we have in a גלגול שבועה, the bottom line is you're not mechuyav shvuah. So I could say that's the difference in the havah amina and the maskana of the Gemara. First, the Gemara thought that we could learn out from an עד אחד, גלגול שבועה of an עד אחד, that just like he makes you swear, so eidim could also make you swear. And the Gemara asked, how could you learn out from there? This is a different story. This is a shvuah makes a shvuah. The havah amina was that this גלגול שבועה is a regular shvuah. It's a din like any shvuah. You're mechuyav shvuah. Okay, so if you're mechuyav shvuah, so just like here you're mechuyav shvuah to an עד אחד even though it's something that you didn't ta'anah, so the same thing with two eidim. Answers the Gemara, no, this is a שבועה גוררת שבועה, it's a second a secondary shvuah, which means it's not an original shvuah where you're mechuyav. It's a shvuah which you're not mechuyav. We want to learn out from here that the two eidim will make you swear like a modeh b'miktzat, as a mechuyav shvuah. So the Gemara not, so the havah amina, the maskana is the havah amina was that a גלגול שבועה is a a regular shvuah. So the Gemara felt, just like here is a גלגול שבועה, you can make like the two עדים swear, make this swear also. קא משמע לן שבועה גוררת שבועה. The Gemara says, no, it's a גוררת, it only schleps the shvuah. So, it's a shvuah which is not מחויב. Not מחויב, we can't learn out from there to another shvuah, you know? גלגול שבועה is d'oraita, why is it not מחויב? No, they're not. So, the thing What did the Torah say by d'oraita? The Torah in this case said that you have to swear. The Torah never made you מחויב. In other words, the Torah never made you a חשוד, man. Amazing. Even if it's from גלגול שבועה, yes, but what it is is That's what the Rosh says, even though it's d'oraita, but you don't say משבועה לשבועה. So, it's kind of a mixture of d'oraita and d'rabbanan in this Not d'rabbanan. Well, because of the fact that you d'rabbanan, all d'rabbanan are like this, but d'oraita some could be, some not. And גלגול שבועה, the Rosh learns, is like that דין, because it's not an original shvuah. Why can't they why can't the Why can't the Gemara be talking about, so what, it's not a shvuah. So let it be not a shvuah that's called a shvuah, let it be a half Because we want to say that the case of the עדים like a מודה במקצת. That's the only way we can make it swear like a מודה במקצת is a מחויב שבועה. Right, and that's d'oraita. Yeah. And that's called a shvuah. Called a shvuah, so we can't we don't find anything else but a גלגול שבועה. You have to take a שבועה, but it's not called a מחויב שבועה. מחויב שבועה. Yashar koach. Yashar koach. So it's not in the end, it doesn't come down to whether it's a whether it's a cause and effect, or that was just an issue. See if you can get your food. whatever, but better sharp change from Monday to Sunday. On Sunday, there's too many things going on. This is