Related%20passage for Shevuot 7:6

אָמַר לַחֶנְוָנִי תֶּן לִי בְדִינָר פֵּרוֹת וְנָתַן לוֹ, אָמַר לוֹ תֶּן לִי הַדִּינָר, אָמַר לוֹ נְתַתִּיו לְךָ וּנְתַתּוֹ בָאֹנְפָּלִי, יִשָּׁבַע בַּעַל הַבָּיִת. נָתַן לוֹ אֶת הַדִּינָר, אָמַר לוֹ תֶּן לִי אֶת הַפֵּרוֹת, אָמַר לוֹ נְתַתִּים לְךָ וְהוֹלַכְתָּן לְתוֹךְ בֵּיתֶךָ, יִשָּׁבַע חֶנְוָנִי. רַבִּי יְהוּדָה אוֹמֵר, כָּל שֶׁהַפֵּרוֹת בְּיָדוֹ, יָדוֹ עַל הָעֶלְיוֹנָה. אָמַר לַשֻּׁלְחָנִי תֶּן לִי בְדִינָר מָעוֹת וְנָתַן לוֹ, אָמַר לוֹ תֶּן לִי אֶת הַדִּינָר, אָמַר לוֹ נְתַתִּיו לְךָ וּנְתַתּוֹ בָאֹנְפָּלִי, יִשָּׁבַע בַּעַל הַבָּיִת. נָתַן לוֹ אֶת הַדִּינָר, אָמַר לוֹ תֶּן לִי אֶת הַמָּעוֹת, אָמַר לוֹ נְתַתִּים לְךָ וְהִשְׁלַכְתָּם לְתוֹךְ כִּיסֶךָ, יִשָּׁבַע שֻׁלְחָנִי. רַבִּי יְהוּדָה אוֹמֵר, אֵין דֶּרֶךְ שֻׁלְחָנִי לִתֵּן אִסָּר עַד שֶׁיִּטֹּל דִּינָרוֹ:

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.]

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