Mishnah
Mishnah

Tosefta for Shevuot 7:8

וְאֵלּוּ נִשְׁבָּעִים שֶׁלֹּא בְטַעֲנָה, הַשֻּׁתָּפִין, וְהָאֲרִיסִין, וְהָאַפּוֹטְרוֹפִּין, וְהָאִשָּׁה הַנּוֹשֵׂאת וְהַנּוֹתֶנֶת בְּתוֹךְ הַבַּיִת, וּבֶן הַבָּיִת. אָמַר לוֹ מָה אַתָּה טוֹעֲנֵנִי, רְצוֹנִי שֶׁתִּשָּׁבַע לִי, חַיָּב. חָלְקוּ הַשֻּׁתָּפִין וְהָאֲרִיסִין, אֵין יָכוֹל לְהַשְׁבִּיעוֹ. נִתְגַּלְגְּלָה לוֹ שְׁבוּעָה מִמָּקוֹם אַחֵר, מְגַלְגְּלִין עָלָיו אֶת הַכֹּל. וְהַשְּׁבִיעִית מְשַׁמֶּטֶת אֶת הַשְּׁבוּעָה:

And these swear without a [definite] claim(against them) [but only with a tentative one, i.e., "Is it possible that you withheld something of mine?" And because all of these (that follow) are inclined to rationalize (appropriating things for themselves) in that they exert themselves with the property, the rabbis imposed an oath upon them]: partners, tenant-farmers, caretakers, [who manage one's money for him. But with a caretaker of orphans — if beth-din appoints him he swears; if the father of the orphans appoints him, he does not swear.], a woman who carries on trade in the house, [her husband having made her a shopkeeper or a caretaker for his property], and a "son of the house" [one of the brothers, who deals with the property after the father's death.] If he asks: "What are you claiming from me"? (and the other replies:) "I want you to swear to me," he is liable (to do so). If the partners or the tenant-farmers divided [and did not make him swear at the time of the division], they cannot make him swear [thereafter]. If an oath were "rolled on" to him [by them, afterwards], for something else, they can "roll" everything [including this] upon him. [And just as "rolling on" obtains with a Torah mandated oath, and with an oath similar to a Torah oath, so does it obtain with a shvuath heseth.] And shevi'ith (the sabbatical year) "releases" the oath. [Not the oaths of partners, for shevi'ith dissolves neither partnership nor its oath. It is, rather, a loan and its oath that it releases.]

Tosefta Ketubot

The member of the house that they spoke about (in Mishnah Shevuot 7:8, where they list the types of people, inclduding those in the previous halakhah here who can be made to swear an oath even if there is no certain claim of lost money) is not someone who comes and goes, but one who brings in fruit and takes out fruit, one who hires labourers and dismisses labourers. One who gets a loan from [his fellow] on the 6th or 7th year, and in the 8th year is made for him a business partner or a tenant, is exempt [from being made to swear an oath related to his loan, but still can be made to swear an oath on his partnership or tenancy, because the 7th year annulled the loan and anything related to it]. But, if he is made for him a partner or tenant on the 6th or 7th year, and in the 8th year returns and takes a loan from him, they roll over him everything [i.e. he can be made to swear both oaths].
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