Shevuot 6

שְׁבוּעַת הַדַּיָּנִין, הַטַּעֲנָה שְׁתֵּי כֶסֶף, וְהַהוֹדָאָה בְּשָׁוֶה פְרוּטָה. וְאִם אֵין הַהוֹדָאָה מִמִּין הַטַּעֲנָה, פָּטוּר. כֵּיצַד, שְׁתֵּי כֶסֶף לִי בְיָדֶךָ, אֵין לְךָ בְיָדִי אֶלָּא פְרוּטָה, פָּטוּר. שְׁתֵּי כֶסֶף וּפְרוּטָה לִי בְיָדֶךָ, אֵין לְךָ בְיָדִי אֶלָּא פְרוּטָה, חַיָּב. מָנֶה לִי בְיָדֶךָ, אֵין לְךָ בְיָדִי, פָּטוּר. מָנֶה לִי בְיָדֶךָ, אֵין לְךָ בְיָדִי אֶלָּא חֲמִשִּׁים דִּינָר, חַיָּב. מָנֶה לְאַבָּא בְיָדֶךָ, אֵין לְךָ בְיָדִי אֶלָּא חֲמִשִּׁים דִּינָר, פָּטוּר, מִפְּנֵי שֶׁהוּא כְמֵשִׁיב אֲבֵדָה:

The oath of the judges [i.e., the oath by which the judges beswear him where there is acknowledgement of part of the claim], two silver [The claim must not be less than for two maoth of silver, a third of a dinar. For the dinar is six maoth, the weight of ninety-six medium sized se'oroth (barley-corns), so that the weight equivalent of two maoth is thirty-two se'oroth.], and the admission, the value of a p'rutah. [The admission which makes him liable to an oath must not be less than the value of a p'rutah. So that if what he denied was less than two (maoth of silver) or what he admitted, less than a p'rutah, he is not liable to a Torah mandated oath, but he is besworn a shvuath heseth (a consuetudinal oath) by rabbinical ordinance. One who is liable to a Torah mandated oath must hold an object in his hand (e.g., a Torah scroll or teffillin) when he swears; and one who is liable to a shvuath heseth does not hold an object in his hand, but the beadle of the congregation or the one who beswears him holds an object in his hand while the oath is being taken. There are only three Torah mandated oaths, and no more: (the oath for) one who admits part of the claim, (the oath administered) where one witness testifies against him and he swears in refutation of the witness, and the oath of the watchers (shomrim). All of the other oaths mentioned in the Mishnah are rabbinically prescribed, and are similar to Torah oaths in that an object is held. The only (substantive) difference between a Torah oath and those mentioned in the Mishnah is that if one is liable to a Torah oath and refuses to swear, beth-din go down to his property and exact payment in full, whereas if one is liable to a rabbinically prescribed oath and he refuses to swear, he is placed under the ban until he pays or swears. And if after thirty days of the ban he still refuses to either swear or pay, he is smitten "stripes of rebellion" (makkoth marduth), the ban is rescinded and he is "let go," and they do not go down to his property.] And if the admission is not of the "kind" of the claim, he is exempt (from an oath). How so? (If one claims:) "You owe me two silver (maoth," and he says:) "I owe you only a p'rutah," he is exempt, [the admission not being of the "kind" of the claim, the claim being "silver," and the admission copper. This, only when the claim is for the weight of two maoth of silver or more. But if he claims a coin of silver, the other had admitted a coin (of copper)!] "You owe me two silver and a p'rutah" — "I owe you only a p'rutah," he is liable, [the premise being: If the claim is for wheat and barley, and the admission for any one of them, he is liable.] "You owe me a maneh" — "I owe you nothing," he is exempt. "You owe me a maneh" — "I owe you only fifty dinars," he is liable. "You owe my father a maneh" — "I owe you only fifty dinars," he is exempt, for he is like the returner of a lost object, [who is exempt from an oath, as we learned: If one finds a lost object, he is not subject to an oath, for the public good. And this, only when the son does not claim positively that he owes his father a maneh, but only tentatively. But if he claimed it positively, and the other admitted to only fifty, he is subject to a Torah mandated oath, this not being like returning a lost object.]

מָנֶה לִי בְיָדֶךָ, אָמַר לוֹ בִּפְנֵי עֵדִים הֵן. לְמָחָר אָמַר לוֹ תְּנֵהוּ לִי. נְתַתִּיו לָךְ, פָּטוּר. אֵין לְךָ בְיָדִי, חַיָּב. מָנֶה לִי בְיָדֶךָ, אָמַר לוֹ הֵן, אַל תִּתְּנֵהוּ לִי אֶלָּא בְעֵדִים. לְמָחָר אָמַר לוֹ תְּנֵהוּ לִי, נְתַתִּיו לָךְ, חַיָּב, מִפְּנֵי שֶׁצָּרִיךְ לִתְּנוֹ לוֹ בְעֵדִים:

"You owe me a litra (a pound) of gold — "I owe you only a litra of silver," he is exempt (from an oath), [the admission not being of the "kind" of the claim.] "You owe me a dinar of gold" — "I owe you only a dinar of silver," or "a pondion," or "a p'rutah," he is liable, for all are a kind of coin. "You owe me a kor of produce" — "I owe you only a lethech [a half-kor, fifteen sa'ah] of pulse," he is not liable. "You owe me a kor of fruits" — "I owe you only a lethech of pulse," he is liable, for pulse is included in "fruits." If he claimed wheat and the other admitted barley, he is exempt. R. Gamliel says that he is liable. If he claimed jugs [full of] oil, and the other admitted [empty] vessels — Admon says: Since he admitted part of the claim, he swears. [For it is like one's claiming wheat and barley, and the other admitting one of them. The halachah is in accordance with Admon, but it is not in accordance with R. Gamliel, who rules that there is liability with a claim of wheat and an admission of barley.] The sages say that the admission is not of the "kind" of the claim. R. Gamliel said: "I see (i.e., concur with) the words of Admon." If he claimed vessels and land, and the other admitted vessels and denied land, (or he admitted) land and denied vessels, he is exempt[from a Torah mandated oath. (He swears) neither for land nor for vessels, admission of land not making one subject to an oath, no oath being mandated for land.] If he admitted some land, he is exempt. If he admitted some vessels, [there being admission and denial without land], he is liable [to swear also for the land, through a gilgul shvuah (a "rolled on" oath)], unbound property "carrying along" bound property for oath liability.

לִיטְרָא זָהָב יֶשׁ לִי בְיָדֶךָ, אֵין לְךָ בְיָדִי אֶלָּא לִיטְרָא כֶסֶף, פָּטוּר. דִּינַר זָהָב יֶשׁ לִי בְיָדֶךָ, אֵין לְךָ בְיָדִי אֶלָּא דִּינַר כֶּסֶף, וּטְרִיסִית וּפֻנְדְּיוֹן וּפְרוּטָה, חַיָּב, שֶׁהַכֹּל מִין מַטְבֵּעַ אַחַת. כּוֹר תְּבוּאָה יֶשׁ לִי בְיָדֶךָ, אֵין לְךָ בְיָדִי אֶלָּא לֶתֶךְ קִטְנִית, פָּטוּר. כּוֹר פֵּרוֹת יֶשׁ לִי בְיָדֶךָ, אֵין לְךָ בְיָדִי אֶלָּא לֶתֶךְ קִטְנִית, חַיָּב, שֶׁהַקִּטְנִית בִּכְלַל פֵּרוֹת. טְעָנוֹ חִטִּין, וְהוֹדָה לוֹ בִשְׂעֹרִים, פָּטוּר. וְרַבָּן גַּמְלִיאֵל מְחַיֵּב. הַטּוֹעֵן לַחֲבֵרוֹ בְכַדֵּי שֶׁמֶן וְהוֹדָה לוֹ בַקַּנְקַנִּים, אַדְמוֹן אוֹמֵר, הוֹאִיל וְהוֹדָה לוֹ מִקְצָת מִמִּין הַטַּעֲנָה, יִשָּׁבֵעַ. וַחֲכָמִים אוֹמְרִים, אֵין הַהוֹדָאָה מִמִּין הַטַּעֲנָה. אָמַר רַבָּן גַּמְלִיאֵל, רוֹאֶה אֲנִי אֶת דִּבְרֵי אַדְמוֹן. טְעָנוֹ כֵלִים וְקַרְקָעוֹת, וְהוֹדָה בַכֵּלִים וְכָפַר בַּקַּרְקָעוֹת, בַּקַּרְקָעוֹת וְכָפַר בַּכֵּלִים, פָּטוּר. הוֹדָה בְמִקְצָת הַקַּרְקָעוֹת, פָּטוּר. בְּמִקְצָת הַכֵּלִים, חַיָּב, שֶׁהַנְּכָסִים שֶׁאֵין לָהֶם אַחֲרָיוּת זוֹקְקִין אֶת הַנְּכָסִים שֶׁיֵּשׁ לָהֶן אַחֲרָיוּת לִשָּׁבַע עֲלֵיהֶן:

No oath is taken on the claim of a cheresh, a shoteh (an imbecile), or a minor. [("cheresh":) as when the cheresh claims by gesturing, for the "cheresh" spoken of by the sages in all places is one that neither hears nor speaks. ("a minor":) it being written (Exodus 22:6): "If a man give to his neighbor, etc.", and the "giving" of a minor is insubstantial. And cheresh and shoteh are like minor in this regard. And it is only with a Torah oath that one does not swear on the claim of a minor, but a shvuath heseth is imposed for his claim.] And a minor is not besworn, but one is besworn for a minor and for hekdesh (dedicated property). [If one comes to exact payment from the property of a minor, he may do so only with an oath. Likewise, if one makes his property hekdesh and a bill is issued against it and the holder of the bill comes to exact payment from that property, he requires an oath.]

אֵין נִשְׁבָּעִין עַל טַעֲנַת חֵרֵשׁ שׁוֹטֶה וְקָטָן, וְאֵין מַשְׁבִּיעִין אֶת הַקָּטָן, אֲבָל נִשְׁבָּעִים לַקָּטָן וְלַהֶקְדֵּשׁ:

And these are things for which one is not besworn: bondsmen, bills, land, and hekdeshoth (dedicated property), [it being written (Exodus 22:8): "For every thing of violation" — general; "for an ox, for an ass, for a lamb, for a garment" — particular; "for every lost object" — reversion to the general. "General-particular-general" — the ruling follows the nature of the particular, viz.: Just as the particular is explicitly something movable and of intrinsic monetary value, so all (to impose oath liability) must be movable and of intrinsic monetary value: to exclude land, which is not movable; to exclude bondsmen, which are likened to land; to exclude bills, which, though movable, are not of intrinsic monetary value (but only corroborative documents). For all of these, one is not besworn. And one is not besworn for hekdesh, it being written (Ibid. 9): "If a man give to his neighbor" — and not (property) of hekdesh.] They are not subject to double payment (kefel), [kefel being paid only for those things which are included in that section as being of the nature of the particular] and they are not (subject to) four and five payment. [For wherever kefel does not obtain, there is no four and five payment. For the absence of kefel makes it a payment of three and four; and the Torah specifies "four and five" payment, and not "three and four."], a shomer chinam (an unpaid watcher) does not swear (for those things) [The only thing to which a shomer chinam is liable is an oath, it being written (Exodus 22:7): "Then the master of the house (the shomer chinam) shall draw near to the judges (to take an oath) that he did not send his hand, etc."; and that section speaks of a shomer chinam. And he is not besworn for bondsmen, land, and bills, it being written (Ibid. 6): "If a man give to his neighbor" — general; "money or vessels" — particular; "to watch" — reversion to the general. "General-particular-general" — The ruling follows the nature of the particular, viz.: Just as the particular is explicitly something movable and of intrinsic monetary value, so all, etc.: to exclude land, which is not movable, etc. And for all of the aforementioned he is not subject to a Torah mandated oath, but he is always liable for a shvuath heseth.], a nosei sachar (a paid watcher) does not pay (for those things). [(He does not pay) for theft and loss for which Scripture makes him liable, viz. (Ibid. 11): "If stolen it shall be stolen from him, he shall pay to its owner." But for bondsmen, land, and bills, he does not pay, it being written in respect to a shomer sachar (Ibid. 9): "If a man give to his neighbor" — general; "an ass or an ox or a lamb or any beast" — particular; "to watch" — reversion to the general, etc., as stated above. "his neighbor" is written both in respect to shomer chinam and shomer sachar, implying his neighbor, and not hekdesh. Shoel (a borrower and socher (a hirer) are not mentioned here to exclude bondsmen, land, bills, and hekdesh. For borrowing generally does not obtain with land and bills; much more so hiring, which cannot apply to bills. Likewise, borrowing and hiring do not obtain with hekdesh, which it is forbidden to borrow or to hire.] R. Shimon says: Kodshim (sanctified objects) which the owner is bound to restore (if they are lost) are subject to an oath; those which he is not bound to restore are not subject to an oath.

וְאֵלּוּ דְבָרִים שֶׁאֵין נִשְׁבָּעִין עֲלֵיהֶן, הָעֲבָדִים, וְהַשְּׁטָרוֹת, וְהַקַּרְקָעוֹת, וְהַהֶקְדֵּשׁוֹת. אֵין בָּהֶן תַּשְׁלוּמֵי כֶפֶל וְלֹא תַשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה. שׁוֹמֵר חִנָּם אֵינוֹ נִשְׁבָּע. נוֹשֵׂא שָׂכָר אֵינוֹ מְשַׁלֵּם. רַבִּי שִׁמְעוֹן אוֹמֵר, קָדָשִׁים שֶׁחַיָּב בְּאַחֲרָיוּתָן, נִשְׁבָּעִין עֲלֵיהֶן. וְשֶׁאֵינוֹ חַיָּב בְּאַחֲרָיוּתָן, אֵין נִשְׁבָּעִין עֲלֵיהֶם:

R. Meir says: There are things which are like land and which are not like land; and the sages do not concur with him. How so? (If one says:) "I gave you ten laden vines," and the other says: "They are only five," R. Meir requires an oath, and the sages say: Whatever is attached to the ground is like the ground. [Grapes awaiting harvest are the point of difference between the sages and R. Meir. According to R. Meir, grapes awaiting harvest are regarded as harvested, and according to the sages, they are not regarded as harvested. The halachah is in accordance with the sages. And this, only in respect to watchers (shomrim), but in respect to buying and selling and ona'ah (overcharging), and admitting part of the claim — in all of these they hold that what awaits harvesting is regarded as harvested. And this is the halachah.] An oath is taken only on something that can be measured or weighed. How so? (If one says:) "I gave you a house full (of produce)," or: "I gave you a pouch full (of money)," and the other says: "I don't know, but take what you put down," he is exempt (from an oath). If one says: "Until the ziz" [a beam of the upper story projecting from inside the house], and the other: "Until the window," he is liable. [The rule: One is never liable for a Torah mandated oath unless the claim is for something that can be measured, weighed, or counted, and there is admission of part of the measure, or weight, or count.]

רַבִּי מֵאִיר אוֹמֵר, יֵשׁ דְּבָרִים שֶׁהֵן כַּקַּרְקַע וְאֵינָן כַּקַּרְקַע, וְאֵין חֲכָמִים מוֹדִים לוֹ. כֵּיצַד, עֶשֶׂר גְּפָנִים טְעוּנוֹת מָסַרְתִּי לָךְ, וְהַלָּה אוֹמֵר אֵינָן אֶלָּא חָמֵשׁ, רַבִּי מֵאִיר מְחַיֵּב שְׁבוּעָה. וַחֲכָמִים אוֹמְרִים, כָּל הַמְחֻבָּר לַקַּרְקַע הֲרֵי הוּא כַקַּרְקַע. אֵין נִשְׁבָּעִין אֶלָּא עַל דָּבָר שֶׁבַּמִּדָּה וְשֶׁבַּמִּשְׁקָל וְשֶׁבַּמִּנְיָן. כֵּיצַד, בַּיִת מָלֵא מָסַרְתִּי לָךְ וְכִיס מָלֵא מָסַרְתִּי לָךְ, וְהַלָּה אוֹמֵר אֵינִי יוֹדֵעַ אֶלָּא מַה שֶּׁהִנַּחְתָּ אַתָּה נוֹטֵל, פָּטוּר. זֶה אוֹמֵר עַד הַזִּיז וְזֶה אוֹמֵר עַד הַחַלּוֹן, חַיָּב:

If one lent his neighbor on a pledge, [the lender becomes a shomer sachar for it, whether or not the pledge were taken at the time of the loan. If the pledge were lost or stolen, and it were as much as the (amount of) the debt, the (loss of) the pledge cancels the debt and neither has a claim against the other. If the debt were more than the pledge, the borrower pays the lender the difference. If the pledge were more than the debt, the lender pays the borrower. And if it were lost by accident, in which instance a shomer sachar is not liable, the lender, too, is not liable. He swears that it was lost by accident and collects the entire debt.] — If the pledge were lost: If he said: "I lent you a sela for it, and it (the pledge) was worth a shekel [half a sela]," and the other said: "No, you lent me a sela and it was worth a sela," he is exempt (from an oath). (If one said:) "I lent you a sela for it, and it was worth a shekel," and the other said: "No, you lent me a sela for it and it was worth three dinars," he is liable. [For he admits part of the claim, a sela being four dinars.] (If one said:) "You lent me a sela for it, and it was worth two (selaim)," and the other said: "No, I lent you a sela for it, and it was worth a sela," he is exempt. (If one said:) "You lent me a sela for it, and it was worth two," and the other said: "No, I lent you a sela for it, and it was worth five dinars," he is liable. And who swears [first]? The one who held the pledge. [i.e., The lender, who held the pledge, swears that he no longer has it], lest this one (the borrower) swear, and the other (the lender) produce the pledge. [Since the borrower must swear how much his pledge was worth, and the lender must swear that he does not have the pledge, even if he pays for it, (for we are afraid that he might have "cast his gaze upon it"), beth-din beswear the lender first that he does not have it, and then they beswear the borrower as to its worth, lest the borrower swear first without being particular about its true worth, and the lender then produce the pledge and disqualify him for testimony and oath.]

הַמַּלְוֶה אֶת חֲבֵרוֹ עַל הַמַּשְׁכּוֹן וְאָבַד הַמַּשְׁכּוֹן, אָמַר לוֹ סֶלַע הִלְוִיתִיךָ עָלָיו וְשֶׁקֶל הָיָה שָׁוֶה, וְהַלָּה אוֹמֵר לֹא כִי אֶלָּא סֶלַע הִלְוִיתַנִי עָלָיו וְסֶלַע הָיָה שָׁוֶה, פָּטוּר. סֶלַע הִלְוִיתִיךָ עָלָיו וְשֶׁקֶל הָיָה שָׁוֶה, וְהַלָּה אוֹמֵר לֹא כִי אֶלָּא סֶלַע הִלְוִיתַנִי עָלָיו וּשְׁלשָׁה דִינָרִים הָיָה שָׁוֶה, חַיָּב. סֶלַע הִלְוִיתַנִי עָלָיו וּשְׁתַּיִם הָיָה שָׁוֶה, וְהַלָּה אוֹמֵר לֹא כִי אֶלָּא סֶלַע הִלְוִיתִיךָ עָלָיו וְסֶלַע הָיָה שָׁוֶה, פָּטוּר. סֶלַע הִלְוִיתַנִי עָלָיו וּשְׁתַּיִם הָיָה שָׁוֶה, וְהַלָּה אוֹמֵר לֹא כִי אֶלָּא סֶלַע הִלְוִיתִיךָ עָלָיו וַחֲמִשָּׁה דִינָרִים הָיָה שָׁוֶה, חַיָּב. וּמִי נִשְׁבָּע, מִי שֶׁהַפִּקָּדוֹן אֶצְלוֹ, שֶׁמָּא יִשָּׁבַע זֶה וְיוֹצִיא הַלָּה אֶת הַפִּקָּדוֹן:

The one who loans to his fellow on collateral, and he lost the collateral, and he said to him, I lent you a <i>sela</i> [a silver coin] on it, and it was worth a <i>shekel</i> [half a <i>sela</i>], and this one says, no, you lent me a <i>sela</i> on it, and it was worth a <i>sela</i>, he is exempt. I lent you a <i>sela</i> on it, and it was worth a <i>shekel</i>, and this one says, no, you lent me a <i>sela</i> on it, and it was worth three <i>dinarim</i> [three-fourths a <i>sela</i>], he is liable. I lent you a <i>sela</i> on it, and it was worth two, and this one says, no, you lent me a <i>sela</i> on it, and it was worth a <i>sela</i>, he is exempt. I lent you a <i>sela</i> on it, and it was worth two, and this one says, no, you lent me a <i>sela</i> on it, and it was worth five <i>dinarim</i>, he is liable. And who swears? The one in whose posession the deposit is, lest he [the borrower] swear and this one [the lender]will takes out [present] the deposit.