Related%20passage for Shevuot 7:4

וְשֶׁכְּנֶגְדּוֹ חָשׁוּד עַל הַשְּׁבוּעָה כֵּיצַד, אַחַת שְׁבוּעַת הָעֵדוּת וְאַחַת שְׁבוּעַת הַפִּקָּדוֹן, וַאֲפִלּוּ שְׁבוּעַת שָׁוְא. הָיָה אֶחָד מֵהֶן מְשַׂחֵק בְּקֻבְיָא, וּמַלְוֶה בְרִבִּית, וּמַפְרִיחֵי יוֹנִים, וְסוֹחֲרֵי שְׁבִיעִית, שֶׁכְּנֶגְדּוֹ נִשְׁבָּע וְנוֹטֵל. הָיוּ שְׁנֵיהֶן חֲשׁוּדִין, חָזְרָה הַשְּׁבוּעָה לִמְקוֹמָהּ, דִּבְרֵי רַבִּי יוֹסֵי. רַבִּי מֵאִיר אוֹמֵר, יַחֲלֹקוּ:

One whose opposite is not trusted to take an oath — how so? (The other swears) whether (his opposite had transgressed in) an oath of testimony, or in an oath over a pledge, or even with a vain oath. [i.e., Not only where he has transgressed in an oath of testimony or in an oath over a pledge, where there is denial of money — "evil to Heaven and evil to man" — but even with a vain oath, where there is only evil to Heaven, his opposite swears and takes. An oath of pronouncement is not included, for it may be future-directed, such as "I shall eat" or "I shall not eat," where the oath is a truthful one, his intent being to fulfill it, so that even though he is overcome by his evil inclination and transgresses, this does not render him not trusted to take an oath. But an oath of pronouncement concerning the past, such as "I ate" or "I did not eat," is like a vain oath, for he swears falsely.] If one of them were a gambler, or a lender on interest, or a pigeon-flyer, or a dealer in [the fruits of] the sabbatical year (shevi'ith), his opposite swears and takes. [(If one of them were, etc.":) First those unfit by Torah law are taught, and then those who are unfit by rabbinical ordinance. ("a pigeon-flyer":) some understand this as: "If your pigeon comes in before mine, I will give you so much and so much," i.e., gambling. Others understand it as training a pigeon to fly other pigeons to one's coop, this being "theft in violation of the ways of peace." ("a dealer in shevi'ith":) It is written (Leviticus 25:6): "to eat" — and not for trade.] If both of them were suspect (i.e., not trusted to swear), the oath returns to its place. These are the words of R. Yossi. [In the Gemara, some explain this as "it returns to Sinai," i.e., to the oath of Mount Sinai, where the Holy One Blessed be He beswore Israel: "Thou shalt not steal," and He will exact payment from the one who denies it to his neighbor; but beth-din need not resort either to oath or to (enforcement of) payment. And others explain it as: "it returns to the one who is liable to it," i.e., the one who admits part; and since he is not trusted to swear, he pays.] R. Meir says: They divide.

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