"I beswear you if you do not come and testify for me that that man owes me damages (or) half-damages" [half-damages of tzroroth (stones flung from under the feet of walking animals), considered mamon (money, principal,) and not knass.]; "four and five" payment, [(beswearing them) by reason of the principal]; that he ravished or seduced my daughter, [(beswearing them) by reason of boseth ("shame") and p'gam ("injury"), which is monetary payment]; that my son struck me [a blow which did not cause a wound, in which instance there is no death penalty, in the absence of which monetary liability obtains]; and that my neighbor wounded me or that he set fire to my sheaves on Yom Kippur [This is included because even though he incurs kareth, he is still liable to pay] — they are liable (for transgression of the oath of testimony.)
Bartenura on Mishnah Shevuot
נזק וחצי נזק – with one-half indirect damages [caused by an animal: e.g., inadvertently kicking up pebbles or clods of earth in the course of walking causing damage) that is a due indemnity but not a fine/penalty, for we state in testimony of a fine/penalty that we don’t obligate.
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English Explanation of Mishnah Shevuot
Introduction
Mishnah six defines a false oath of testimony as denying testimony that would have aided the litigant in a monetary suit.
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Bartenura on Mishnah Shevuot
תשלומי כפל ושומי ארבעה וחמשה – because of the principal.
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English Explanation of Mishnah Shevuot
All of the cases mentioned in our mishnah are cases where a person is adjuring witnesses to testify for him in a monetary suit. In mishnah seven we will learn examples of testimony in non-monetary suits. Together these two mishnayoth teach that if a person swears a false oath of testimony in a monetary suit he is liable, but if he swears a false oath of testimony in a non-monetary suit he is not liable.
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Bartenura on Mishnah Shevuot
ושאנס איש פלוני ופיתה את בתי – because of humiliation and deterioration, that is monetary.
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English Explanation of Mishnah Shevuot
“I adjure you that you come and bear testimony for me that so-and-so owes me full damages, or half damages, or double payment, or four or five payment; Half-damages are paid in cases where an animal damages in an unusual fashion, and it has not previously done so three times. Full damages are paid in all other cases. Double payment refers to a thief’s obligation to pay back double the theft. Four and five times payment is what a thief must restore if he sold or slaughtered the stolen animal.
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Bartenura on Mishnah Shevuot
ושהכני בני – a striking/beating which causes no wound for which he is not liable of the death [penalty] for it, and because there isn’t death, there is a monetary [fine].
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English Explanation of Mishnah Shevuot
Or that so-and-so raped my daughter, or seduced my daughter; One of the penalties for rape and seduction of a virgin is a fine to the father of the girl.
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Bartenura on Mishnah Shevuot
ושחבל בי חברי ביוה"כ – [and the Mishnah] took that [example] for even though it is punishable with extirpation, he is liable for a monetary [paymenbt].
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English Explanation of Mishnah Shevuot
Or that my son struck me; Striking one’s parent and not causing a wound is punishable by a financial penalty, as are all cases of personal injury. In mishnah seven this will be contrasted with striking one’s parent and causing a wound, which is punishable by death.
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English Explanation of Mishnah Shevuot
Or that my neighbor injured me, or set fire to my haystack on the Day of Atonement”; [And they deny knowledge of testimony] they are liable. Injuring another person and causing a wound or burning their haystack on the Day of Atonement is punishable by kareth (excommunication) and a financial penalty. In mishnah seven we will learn that doing either of these two things on the Sabbath is punishable by death. As we shall learn there, there is a general rule in Jewish law that if a person does one action for which he is liable to pay money and to be executed he is executed and does not owe money (see Bava Kamma 8:5). However, if by one action he is liable for kareth and to pay money, he gets kareth and still has to pay the money (see Bava Kamma 8:3).
