Reference for Shevuot 4:3

שְׁבוּעַת הָעֵדוּת כֵּיצַד. אָמַר לִשְׁנַיִם בֹּאוּ וַהֲעִידוּנִי. שְׁבוּעָה שֶׁאֵין אָנוּ יוֹדְעִין לְךָ עֵדוּת, אוֹ שֶׁאָמְרוּ לוֹ אֵין אָנוּ יוֹדְעִין לְךָ עֵדוּת, מַשְׁבִּיעַ אֲנִי עֲלֵיכֶם וְאָמְרוּ אָמֵן, הֲרֵי אֵלּוּ חַיָּבִין. הִשְׁבִּיעַ עֲלֵיהֶן חֲמִשָּׁה פְעָמִים חוּץ לְבֵית דִּין וּבָאוּ לְבֵית דִּין וְהוֹדוּ, פְּטוּרִים. כָּפְרוּ, חַיָּבִים עַל כָּל אַחַת וְאֶחָת. הִשְׁבִּיעַ עֲלֵיהֶן חֲמִשָּׁה פְעָמִים בִּפְנֵי בֵית דִּין וְכָפְרוּ, אֵינָן חַיָּבִין אֶלָּא אַחַת. אָמַר רַבִּי שִׁמְעוֹן, מַה טַּעַם, הוֹאִיל וְאֵינָם יְכוֹלִין לַחֲזֹר וּלְהוֹדוֹת:

The oath of testimony. How so? If he said to two: "Come and testify for me" (and they responded:) "We swear that we know no testimony for you"; or if they responded: "We know no testimony for you," (and he said:) "I beswear you," and they said: "Amen," they are liable. If he beswore them five times outside of beth-din, and they came to beth-din and admitted (that they knew testimony), they are not liable, [even if they denied it for every oath outside of beth-din. For denial outside of beth-din is not deemed denial.] If they denied it (in beth-din), they are liable for each one, [it being written (Leviticus 5:5): "And it shall be, if he be guilty for one of these" — to make him liable for each one.] If he beswore them five times before beth-din, and they denied it, they are liable only for one. R. Shimon said: Why is it [that they are liable only for one even if they kept silent and denied it at the end? Why do we not say that the denial applies to all of the oaths, to render them liable for each one?] (The answer:) Since [if they denied it in beth-din the first time], they cannot go back and admit it. [i.e., Since they already said that they know no testimony for him, they cannot go back and testify (otherwise), therefore, even though they denied it only at the end, all of the oaths were superfluous, except the first. For if their silence at the first is regarded as denial, it is no longer fit to beswear them; and if it is not regarded as denial, they are already besworn, and the subsequent oaths are "oaths upon an oath." Perforce, then, "'for one,' to make him liable for each one" speaks of oaths outside of beth-din and denial in beth-din. For oaths by which he beswears them to come and testify in beth-din are not superfluous and lend themselves to division. For if they denied it there at the first, they could be besworn again.]

Explore reference for Shevuot 4:3. In-depth commentary and analysis from classical Jewish sources.