"You stole my ox." "I did not steal it." "I beswear you." "Amen" — he is liable. "I stole it, but I did not slaughter it and I did not sell it." "I beswear you." "Amen" — he is liable. "Your ox killed my bondsman." "It did not." "I beswear you." "Amen" — he is not liable, [this being knass. For he pays thirty selaim even if he is worth only a dinar.] "You struck me and wounded me." "I did not strike and wound you." "I beswear you." "Amen" — he is liable. If his bondsman said to him: "You knocked out my tooth and blinded my eye." "I did not." "I beswear you." "Amen" — he is not liable, [this being knass. For his bondsman goes free for (loss of) one of his limbs.] This is the rule: Whoever pays by his own admission is liable; whoever does not pay by his own admission is not liable.
Bartenura on Mishnah Shevuot
המית שורך את עבדי – it is a fine, that he pays thirty Selaim, even if it is not worth other a Denar.
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English Explanation of Mishnah Shevuot
Introduction
Mishnah five deals with a principle similar to that which we learned yesterday, namely that a person is only liable for an oath of testimony if had he admitted to doing what he swore he did not do he would have been liable to pay money.
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Bartenura on Mishnah Shevuot
אמר לו עבדו הפלת את שיני – it is fine that he should set his servant free because of one of his limbs.
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English Explanation of Mishnah Shevuot
The examples in the first six sections of this mishnah illustrate the rule that is stated at the end. If a person denies a claim, to which if they had admitted they would have had to pay money to the claimant, they have caused the claimant to lose money and are liable to bring a sacrifice. If the person denies a claim, to which even if they had admitted they would not have been liable to pay money to the claimant, they have not caused the claimant to lose money, and they are therefore not liable for a sacrifice. The other relevant rule for our mishnah is the one mentioned in the previous mishnah, that one is not obligated to pay a fine based on his own admission, but he is obligated to make financial compensation based on his own admission. The general difference between a fine and financial compensation is that a fine is a fixed amount whereas financial compensation is based on the actual damages.
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English Explanation of Mishnah Shevuot
“You stole my ox,” and he says, “I have not stolen it” “I adjure You,” and he responds, “Amen!” he is liable. In this case a person denies having stolen the object. If he had admitted to stealing he would have had to pay the value of the object to the owner, plus an additional one times the value of the object. Paying back the value of the stolen object itself is considered financial compensation. Since he would have been obligated to pay if he had admitted, he is liable for a sacrifice for having lied.
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English Explanation of Mishnah Shevuot
“I have stolen it, but I have not killed it or sold it”, “I adjure you,” and he responds, “Amen!” he is exempt. If the thief slaughters or sells the stolen animal he is liable to pay four (for a sheep) or five (for an ox) times the value of the stolen animal. In this case the person admitted to stealing the animal but denied having sold or slaughtered it. This extra payment, beyond the value of the animal, is considered a fine. Since he would not have been obligated to pay even if he had admitted, he is not liable for a sacrifice for having lied.
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English Explanation of Mishnah Shevuot
“Your ox killed my ox,” and he says, “It did not kill [your ox]”, “I adjure you,” and he responds, “Amen!” he is liable. When one’s ox kills another’s ox, the owner of the ox that killed must financially compensate the owner of the dead ox. Since he would have been obligated to pay if he had admitted, he is liable for a sacrifice for having lied.
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English Explanation of Mishnah Shevuot
“Your ox killed my slave,” and he says, “It did not kill [your slave]”, “I adjure you,” and he responds, “Amen!” he is exempt. When one person’s ox kills another person’s slave, the owner of the ox must pay the owner of the slave 30 shekels. This is a fixed amount and is therefore considered a fine. Since he would not have been obligated to pay even if he had admitted, he is not liable for a sacrifice for having lied.
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English Explanation of Mishnah Shevuot
He said to him, “You injured me, or bruised me,” and the other says, “I have not injured you or bruised you,” “I adjure you,” and he responds, “Amen!” he is liable. When one injures another person he is liable to make different types of financial compensation. Since he would have been obligated to pay if he had admitted, he is liable for a sacrifice for having lied.
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English Explanation of Mishnah Shevuot
His slave said to him, “You knocked out my tooth, or blinded my eye,” and he said, “I did not knock out [your tooth], or blind [your eye],’ “I adjure you,” and he responds, “Amen!” he is exempt. If a slave owner knocks out the tooth or puts out the eye of his slave he must set the slave free. This is not a monetary claim but rather is considered to be a fine. Since he would not have been obligated to set the slave free had he admitted to putting out his tooth or eye, he is not liable for a sacrifice for having lied.
