Derjenige, der seinem Gefährten Sicherheiten leiht und die Sicherheiten verliert, und er sagte zu ihm: Ich habe dir eine Sela [eine Silbermünze] darauf geliehen , und es war einen Schekel [eine halbe Sela ] wert , und diese sagt, nein, du hast mir eine Sela geliehen , und es war eine Sela wert , er ist befreit. Ich habe dir eine Sela geliehen , und es war einen Schekel wert , und dieser sagt, nein, du hast mir eine Sela geliehen , und es war drei Dinarim wert [drei Viertel pro Sela ], er haftet. Ich habe dir eine Sela geliehen , und es war zwei wert, und dieser sagt, nein, du hast mir eine Sela geliehen , und es war eine Sela wert , er ist befreit. Ich habe dir eine Sela geliehen , und es war zwei wert, und diese sagt, nein, du hast mir eine Sela geliehen , und es war fünf Dinarim wert , er haftet. Und wer schwört? Derjenige, in dessen Besitz sich die Kaution befindet, damit er [der Kreditnehmer] nicht schwört und dieser [der Kreditgeber] die Kaution [vorlegt].
Bartenura on Mishnah Shevuot
המלוה את חבירו על משכון – he becomes upon it a paid bailee, and there is no difference if he took a pledge at the time of his loan, nr whether he took a pledge not at the time of his loan. But if he lost [it] or it was stolen, and the pledge was corresponding to the lien, his pledge is expended for his debt, and they don’t have anything against each other. But if the lien is greater [in value] than the pledge, the debtor/borrower pays the creditor what the debt was of greater worth. But if the pledge was greater [in value] than the lien, the creditor pays the debtor/borrower. But if it was lost by accident where a paid bailee is exempt, the lender is also exempt, and he takes an oath that through this accident [the object lent] was lost, and he collects the entire lien.
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English Explanation of Mishnah Shevuot
Introduction
The final mishnah of chapter six discusses a dispute between two people over the value of a pledge taken to secure a loan. We will learn that if the defendant admits to owing part of the claim then he must swear that he does not owe the rest.
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Bartenura on Mishnah Shevuot
שקל – one half a Sela.
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English Explanation of Mishnah Shevuot
In the scenario in both sections of our mishnah Reuven lent Shimon money and took from Shimon a pledge, which would generally be returned upon payment of the loan. Reuven subsequently loses the pledge. Shimon now owes Reuven the amount of the loan and Reuven owes Shimon the value of the pledge. Our mishnah will teach that if one side denies part of the claim must an oath be taken. If the entire claim is denied there will be no oath. There are three coins mentioned in our mishnah. There relative values are: 1 sela = two shekels = 4 denar.
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Bartenura on Mishnah Shevuot
לא כי – it was not like this.
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English Explanation of Mishnah Shevuot
If a man lends [money] to his neighbor on a pledge, and the pledge was lost, and he said to him: “I lent you a sela on it, and it [the pledge] was worth a shekel,” and the other says, “No! You lent me a sela on it, and it was worth a sela”, he is exempt. “I lent you a sela” on it, and it was worth a shekel,” and the other says, “No! You lent me a sela on it, and it was worth three denarii,” he is liable. Reuven tells Shimon that the loan was a sela and the pledge was worth a shekel. He is in essence claiming from Shimon a shekel. Shimon responds that the pledge was worth a full sela, and he therefore does not owe Reuven anything. Since he denies the entire claim, there is no oath. If Shimon were to say that the pledge was worth three denarii (¾ of a sela), then he has admitted to owing Reuven one denar and denied owing him another denar. In such a case an oath must be taken. [At the end of the mishnah we will learn who swears.]
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Bartenura on Mishnah Shevuot
אלא סלע הלויתני עליו ושלשה דינרים היה כו' – for he admitted part of the claim, for the Sela is worth four Denarim. And lince the borrower/debtor is liable to take an oath on how much his pledge was worth, and the creditor/lender is liable to take an oath concerning the pledge that is not in his possession, and even though he pays its value because we suspect that his eye was upon it, the Jewish Court has the creditor take an oath first that the pledge is not in his possession/domain, and afterwards it has the borrower/debtor take an oath how much it was worth, lest the borrower take an other first and he is not exact as to its appraisement/estimated value and the creditor produces the pledge which will make him ineligible for testimony and for an oath. But what we teach in the concluding clause [of the Mishnah]: “And upon whom is the oath imposed,” it is stated, upon whom is the oath first imposed?
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English Explanation of Mishnah Shevuot
“You lent me a sela on it, and it was worth two,” and the other says, “No! I lent you a sela on it, and it was worth a sela”,” he is exempt. “You lent me a sela on it, and it was worth two,” and the other says: “No! I lent you a sela on it, and it was worth five denarii,” he is liable. Shimon tells Reuven that the pledge was worth two selas and the loan was only one sela. Reuven responds that the pledge was worth only one sela. Since he has denied the entire claim, he need not take an oath. If Reuven were to respond that the pledge was worth five denarii, he has admitted that he owes Shimon one denar. Since he has admitted part of the claim, he must swear that he doesn’t owe the rest.
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Bartenura on Mishnah Shevuot
מי שהפקדון אצלו – the creditor/lender with whom the pledge was with takes an oath that the pledge was not in his possession/in his domain.
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English Explanation of Mishnah Shevuot
And who takes the oath? He who had the deposit, lest, if the other take the oath, this one may bring out the deposit. This section asks who takes the oath. We would have expected that in the first section Shimon would swear, since he is the one who admitted part of the claim that Reuven made against him, and that in section two Reuven would swear, since he was the one who admitted part of the claim that Shimon made against him. However, the mishnah teaches that the one who had the deposit, in our case Reuven, is always the one who has to swear. The simple reading of this mishnah is that Reuven will swear and then take from Shimon the money that he claims. This is an exception to the general rule that people swear to exempt themselves from paying, but not to allow themselves to take money from others. The reason that this case is exceptional and that the one who holds the pledge must swear is that we are concerned lest Shimon, who does not have the pledge, would swear and then Reuven would take out the pledge. If Shimon’s claim to the value of the pledge would turn out to be wrong, his oath will have been a false oath. The Rabbis tried to prevent situations where people might swear falsely, and therefore, in this case, they allowed the claimant, as opposed to the defendant, swear. We should note that the Talmud explains the mishnah differently, and there are some difficulties in understanding this last clause.
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English Explanation of Mishnah Shevuot
Questions for Further Thought: • Why aren’t the Rabbis as concerned in a normal case of a monetary dispute, lest the defendant swear falsely? What makes this case different from the others?
