Mesorat%20hashas for Shevuot 38:16

אמר אביי לעולם דאכילנא משמע לא קשיא כאן במסרבין בו לאכול כאן בשאין

- Perhaps you might think that he does not infer [that we require knowledge at the beginning] from the verse, but he has it from a tradition; therefore [Resh Lakish] teaches us [that R'Ishmael definitely does not require knowledge at the beginning]. <big><b>MISHNAH: </b></big>OATHS ARE TWO, SUBDIVIDED INTO FOUR: 'I SWEAR I SHALL EAT', AND '[I SWEAR] I SHALL NOT EAT';<span class="x" onmousemove="('comment',' Lev. V, 4: If any one swears, pronouncing with his lips, or to do evil, or to do good. These are the two oaths, positive and negative, in the future. 'To eat' and 'not to eat' are merely examples of doing good and doing evil.');">²¹</span> '[I SWEAR] I HAVE EATEN', AND '[I SWEAR] I HAVE NOT EATEN'.<span class="x" onmousemove="('comment',' These are the two additional oaths, positive and negative, in the past; v. infra 25a.');">²²</span> - 'I SWEAR I SHALL NOT EAT', AND HE ATE A MINUTE QUANTITY, HE IS LIABLE: THIS IS THE OPINION OF R'AKIBA. THEY [THE SAGES] SAID TO R'AKIBA: WHERE DO WE FIND THAT HE WHO EATS A MINUTE QUANTITY IS LIABLE, THAT THIS ONE SHOULD BE LIABLE!<span class="x" onmousemove="('comment',' On eating prohibited food there is liability only when a certain minimum (the size of an olive) is consumed; v. Yoma 81a.');">²³</span> - R'AKIBA SAID TO THEM: BUT WHERE DO WE FIND THAT HE WHO SPEAKS BRINGS AN OFFERING, THAT THIS ONE SHOULD BRING AN OFFERING?<span class="x" onmousemove="('comment',' An oath is merely the utterance of the lips; yet he brings an offering for transgressing his utterance; therefore he brings an offering also even if he eats a minute quantity, since thereby he has also transgressed his utterance.');">²⁴</span> <big><b>GEMARA: </b></big>Shall We say that okal means 'I shall eat'? We may question this, [for we learnt:] '"I swear I shall not eat of thine", "I swear I shall eat [okal] of thine"; "I do not swear I shall not eat of thine"; he is prohibited [to eat of that man's food]'?<span class="x" onmousemove="('comment',' Ned. 16a; If he used any of these three forms of oath, he must not partake of the other's food. Hence, 'I swear that okal (I shall eat) of thine' lk kfuta vguca apparently implies that he takes an oath not to eat; yet in our Mishnah it is taken as a positive oath. The explanation why vguca lk kfuta may be taken negatively is this: - it shall be prohibited to me by oath; - that which I eat of thine; i.e., I swear I shall not eat. vguca tk kfut tk The third form of oath means this: - it shall not be prohibited to me by oath; - that which I shall not eat; the implications being, but that which I shall eat shall be prohibited to me by oath.');">²⁵</span> - Abaye said: Really [okal] means 'I shall eat' [as our Mishnah states], yet there is no difficulty: Here [it is a case where] he is urged to eat; and there [it is a case where is not

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