Mishnah
Mishnah

Commentary for Ketubot 13:4

הַטּוֹעֵן אֶת חֲבֵרוֹ כַדֵּי שֶׁמֶן, וְהוֹדָה בַקַּנְקַנִּים, אַדְמוֹן אוֹמֵר, הוֹאִיל וְהוֹדָה בְמִקְצָת הַטַּעֲנָה, יִשָּׁבֵעַ. וַחֲכָמִים אוֹמְרִים, אֵין זוֹ הוֹדָאָה מִמִּין הַטַּעֲנָה. אָמַר רַבָּן גַּמְלִיאֵל, רוֹאֶה אֲנִי אֶת דִּבְרֵי אַדְמוֹן:

If one claims from his friend pitchers of oil, and he admits to [empty ] pitchers, [without oil, as when his friend says: "You owe me ten pitchers of oil" ], Admon says: Since he admits to part of the claim, he swears. [The claim connotes oil and pitchers, so that his admitting to empty pitchers constitutes partial admission, which entails an oath. ] And the sages say: This does not constitute admission similar to the nature of the claim. [The claim connotes oil alone in the amount of ten pitchers, so that when he admits to empty pitchers, "what is claimed is not admitted and what is admitted is not claimed," so that there is no admission similar to the nature of the claim, and an oath is not entailed. ] R. Gamliel says: I subscribe to the words of Admon. [The halachah is in accordance with Admon.]

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