If he said to the shopkeeper: "Give me fruits for a dinar," and he gave them to him, [and the fruits are piled in the public domain, with neither of them in possession] — If he said: "Give me the dinar," and the other said: "I gave it to you, and you put it in your money-bag," the customer swears, [an oath similar to that of the Torah, and he takes (the fruits). For since the shopkeeper admits that he made the sale and the fruits are outside his shop, the customer swears and takes.] If he gave him the dinar and said: "Give me the fruits," and he said: "I gave them to you and you took them home, [and these piled up fruits are mine; I put them here to sell." And the other: "These are the fruits that you sold me for a dinar," since the buyer admits the sale, and the shopkeeper denies having sold these], the shopkeeper swears an oath similar to that of the Torah and he takes (the fruits). R. Yehudah says: Whoever has possession of the fruits has the upper hand. [R. Yehudah differs with the last ruling, saying that in both cases the customer swears and takes. For since the fruits are outside the shop, it is as if they are in the customer's hand. And whoever has possession of the fruits has the upper hand, and he swears and takes.] If he said to a moneychanger: "Give me change of a dinar," and he gave it to him — If he said to him: "Give me your dinar," and he said to him: "I gave it to you and you put it in your money-bag," the customer swears. If he gave him the dinar and he said: "Give me the change," and he said: "I gave it to you and you threw it into your pouch," the moneychanger swears. R. Yehudah says: It is not the way of a moneychanger to give an issar (small coin) before he takes the dinar. [The tanna apprises us of the difference between R. Yehudah and the rabbis both in respect to the change of the moneychanger and the fruits of the shopkeeper. For if he apprised us only of the latter, I might think that it is only with fruits that the rabbis said that if he said: "I gave them to you and you took them home," the shopkeeper swears and takes, for a shopkeeper is wont to give the fruits before he takes the dinar; but with a moneychanger, who is not wont to give issarin before he takes the dinar, perhaps they would concur with R. Yehudah that the customer always swears and takes. And if he apprised us only of the former, I might think that the customer always swears and takes because the moneychanger is not wont to give issarin before he takes the dinar; but with a shopkeeper, who is wont to give the fruit before he takes the money, I might say that he concurs with the rabbis. We must, therefore, be apprised of both. The halachah is not in accordance with R. Yehudah.]
Bartenura on Mishnah Shevuot
ולא נתן לו – and the produce are piled up and placed in the public domain and are not held in possession either by he storekeeper nor by the house owner.
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English Explanation of Mishnah Shevuot
Introduction
Mishnah six continues to discuss the oath of the shopkeeper.
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Bartenura on Mishnah Shevuot
ונתתו באנפליא (in the merchant’s money chest into which receipts are dropped through a slit) – a casing/sheath that is made for money.
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English Explanation of Mishnah Shevuot
If he said to a shopkeeper, “Give me fruit for a denar,” and he gave him, and then the shopkeeper said to him, “Give me the denar”, and he replied to him, “I gave it to you, and you placed it in the till”, the customer takes an oath. If he gave him the denar, and said to him, “Give me the fruit,” and the shopkeeper says to him, “I have given it to you, and you took it to your house,” the shopkeeper takes an oath. Rabbi Judah says: “He who has the fruit in his possession, has the advantage.” Reuven asks Shimon the shopkeeper to sell him a denar’s worth of fruit, and Shimon gives him the fruit. When Shimon claims the denar from Reuven, Reuven responds that he has already paid him, and that Shimon put it in into the till. The mishnah rules that Reuven may swear that he gave Shimon the denar and be exempt from paying. Since Shimon cannot prove that he did not receive the denar, he cannot recover the alleged debt. In the second scenario in this section, Reuven gives the denar before getting the fruit. When Reuven claims the fruit, Shimon responds that he has already paid him and that Reuven put the fruit into his house. In this case Shimon is allowed to swear that he has already paid, for the same reason that Reuven was allowed to swear in the first case. Rabbi Judah says that whoever holds the fruit has the advantage. According to Rashi, Rabbi Judah disagrees with the ruling in section one. Since the customer already has possession of the fruit he is believed when he says that he gave the denar without taking an oath. Even though it is not unusual for shopkeepers to give their produce on credit, Rabbi Judah still believes the customer who claims to have paid since he has possession of the goods.
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Bartenura on Mishnah Shevuot
ישבע בעל הבית – an oath like that of the Torah, and he will take [the money], for since the storekeeper admits that he sold , and the produce are outside of his store, the owner of the house takes an oath and takes it.
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English Explanation of Mishnah Shevuot
If he said to a money-changer, “Give me change for a denar,” and he gave him; and said to him, “Give me the denar,” and the other said, “I have given it to you, and you placed it in the till,” the customer takes an oath. If he gave him the denar, and said to him, “Give me the small change,” and the other said to him, “I have given it to you, and you threw it in your purse,” the money -changer takes an oath. Rabbi Judah says: “It is not usual for a money-changer to give [even] an issar until he receives the denar.” This section is basically the same as the previous one, accept that it discusses a money-changer and not a shopkeeper. Rabbi Judah’s opinion differs slightly, at least in the way he phrases it. Rabbi Judah again disagrees with the first part of the section (according to Rashi). When the customer has already received the change and the money-changer claims that he has not received the denar, the customer is believed to have given the denar even without taking an oath. Since money-changers generally do not give coins without having received other coins, we can assume that the other person did indeed give the coin.
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Bartenura on Mishnah Shevuot
רמק לו נתתים לך. והלכתן לתוך ביתך – and this piled up produce that is left [in the public domain] are mine, that I gave here to sell them, and the other claims, they are the produce that you sold me for a Denar. Since the purchaser admits to the transaction/sale and the storekeeper denies that he sold those [particular produce], the storekeeper takes an oath aan other like that of the Torah and takes [the money].
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English Explanation of Mishnah Shevuot
Questions for Further Thought: • How are the two scenarios in the two halves of this mishnah different?
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Bartenura on Mishnah Shevuot
רבי יהודה אומר וכו' – Rabbi Yehuda is disputing the concluding clause [of the Mishnah], and stated, whether this or whether that, the owner of the house takes an oath and takes [his produce]. For since the produce are outside of the store, they are as if the produce are in the hands of the owner of the house, and whomever has the produce in hand – his hand is on top/has the advantage and he takes an oath and takes [them].
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Bartenura on Mishnah Shevuot
אמר לשולחני וכו' – The Tanna/teacher [of the Mishnah] comes to tell us that the dispute of Rabbi Yehuda and the Rabbis, whether with regard to the money of the money changer, or with regard to produce of the storekeeper, for if [the Mishnah] had taught [only] the dispute regarding the storekeeper, , I would state that the Rabbis spoke of the produce, and when he (i.e., the storekeeper) said to him (i.e., the purchaser, the house owner), “I gave them to you, and you took them into your house,” the storekeeper should take an oath and take [his money], because the storekeeper customarily gives the produce prior to taking the Denar, but the money changer does not customarily give the Issarim prior to taking the Denar, I would say that he agrees with Rabbi Yehudah, that the house owner always takes an oath and takes [his produce]. And if it was said with this, it was with this that Rabbi Yehuda stated it, for always the house owner takes an oath and takes [his produce], because the money changer does not customarily hand over Issarim until he takes the Denar. But the storekeeper, who customarily gives the produce prior to his taking the Money, I would say that he agrees with the Rabbis. Both [opinions] are necessary. But the Halakha is not according to Rabbi Yehuda.
