Mishnah
Mishnah

Related%20passage for Shevuot 5:1

שְׁבוּעַת הַפִּקָּדוֹן נוֹהֶגֶת בַּאֲנָשִׁים וּבְנָשִׁים, בִּרְחוֹקִים וּבִקְרוֹבִים, בִּכְשֵׁרִים וּבִפְסוּלִים, בִּפְנֵי בֵית דִּין וְשֶׁלֹּא בִּפְנֵי בֵית דִּין, מִפִּי עַצְמוֹ. וּמִפִּי אֲחֵרִים, אֵינוֹ חַיָּב עַד שֶׁיִּכְפֹּר בּוֹ בְּבֵית דִּין, דִּבְרֵי רַבִּי מֵאִיר. וַחֲכָמִים אוֹמְרִים, בֵּין מִפִּי עַצְמוֹ בֵּין מִפִּי אֲחֵרִים, כֵּיוָן שֶׁכָּפַר בּוֹ, חַיָּב. וְחַיָּב עַל זְדוֹן הַשְּׁבוּעָה וְעַל שִׁגְגָתָהּ עִם זְדוֹן הַפִּקָּדוֹן, וְאֵינוֹ חַיָּב עַל שִׁגְגָתָהּ. וּמַה חַיָּב עַל זְדוֹנָהּ, אָשָׁם בְּכֶסֶף שְׁקָלִים:

The oath over a pledge obtains with men and with women, [Since it was taught in respect to the oath of testimony "with men and not with women, etc.", here, too, all are taught.] with non-kin and with kin [i.e., where the owner of the pledge is kin to the one with whom it is deposited], with those fit (to testify) and with those unfit, before beth-din and not before beth-din by himself. [i.e., If he swore by himself or answered "Amen" after the oath and then admitted (that he had sworn falsely), he is liable for an offering, it being written (Leviticus 5:21): "…and he denies to his neighbor" — in any event.] And (if he is besworn) by others [and does not answer "Amen," as when one says to him: "I beswear you to return my pledge to me," and he says: "I have nothing of yours"], he is not liable until he denies it in beth-din. These are the words of R. Meir. The sages say: Whether by himself or by others, if he denies it, he is liable. [The halachah is in accordance with the sages.] And he is liable (for an offering) for willfulness in the oath, ["and it be hidden" not being written in this connection. (willfulness in the oath":) He remembers the pledge and he knows that denying it makes him liable to an offering.], and (he is liable) for unwittingness with willfulness in respect to the pledge [i.e., He does not know that the oath makes him liable to an offering, but he remembers that he has the pledge], and he is not liable for unwittingness (in respect to the pledge)]. And for what is he liable for willfulness in it (the oath)? A guilt-offering with silver shekels, [i.e., one which is purchased with two selaim, it being written in respect to the guilt-offering ram (Leviticus 5:15): "according to your valuation, shekels of silver."]

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