Commentary for Shevuot 5:4

שאינו משלם קנס על פי עצמו (he does not pay a fine on the basis of his own testimony) – and since he admitted, he is not liable but if he denied it also, he did not deny monetary payment.

Introduction The final two mishnayoth of chapter five teach that in order for one who makes a false oath of deposit to be liable to bring a sacrifice he must deny something to which if he had admitted he would have been liable. Since he is not liable to pay a fine for a self-admission, he is not liable if he denies owing a fine. He is liable only if he denies owing something which is considered financial compensation. Mishnah four deals with a case of rape or seduction.

אבל משלם בושת ופגם – therefore, he denied the monetary [payment], but it is dispute between the Rabbis and Rabbi Shimon, for Rabbi Shimon holds that when if he said to him: ‘You raped or seduced my daughter,” he can claim a fine from him whose monetary amount is fixed at fifty silver, but he cannot claim from him humiliation and deterioration, whose monetary [figure] is not fixed, for a person will not forego the claim of a definite quantity, and demand something undefined (requiring appraisement) (see Tractate Ketubot 43a), therefore, he has denied a fine and is exempt. But the Rabbis hold that humiliation and deterioration he also claims from him, for a person will not forego something when he admits to it and will not be exempt and when he makes a claim on something when he admits to it, he is exempt; therefore, when he denies it, he has denied him monetary [payment] and he is liable. But the Halakha is not according to Rabbi Shimon.

“You raped or seduced my daughter” and the other says, “I did not rape, nor seduce,” “I adjure you,” and he responds, “Amen!” he is liable. Rabbi Shimon exempts him, for he does not pay a fine on his own admission. They said to him: “Even though he does not pay a fine on his own admission, he still pays for the shame and blemish [to the girl], based on his own admission. According to the Exodus 22:15-16 and Deuteronomy 22:28-29, if a man rapes or seduces a virgin, he must pay her father a fine of 50 shekels. The Rabbis added that besides the fine, he also has to pay other which penalties incumbent upon anyone who injures another person (see Bava Kamma, chapter eight). He must pay for having embarrassed her, and he must pay for having injured her, thereby decreasing her value. (We will learn the details of these laws in the third chapter of tractate Kethuboth.) In the scenario in our mishnah a man approaches another man and accuses him of having raped or seduced his daughter and therefore owing him the 50 shekels, plus the other penalties. The person responds that he didn’t do so, and then when the claimant adjures him, he affirms the adjuration. According to the first opinion in the mishnah, when he admits that he did in fact rape or seduce the other man’s daughter, he will be liable for a sacrifice for his false oath. Of course he will also be obligated to pay the fine and the other financial penalties. Rabbi Shimon disagrees. Since there is a rule in Jewish law, that one who admits to a crime does not have to pay the fine for having done so, even if this person had admitted to having raped or seduced the daughter, he would not have been obligated to pay the fine. Therefore, there was no denial of money, and the laws of the oath of deposit do not apply. The Sages respond to Rabbi Shimon that although one who admits to a crime does not have to pay a fine, he does have to pay compensatory damages, which in this case include the payment for embarrassment and the payment for having decreased her value. Since if he had admitted he would have had to pay, he did deny money, and is therefore liable for having sworn a false oath of deposit.