Comentario sobre Shevuot 7:2
Bartenura on Mishnah Shevuot
למשכנו שלא ברשות – as in the case where witnesses saw that he entered into the house of his fellow, and there was nothing in his hand and he left from there with utensils inserted under his arms.
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English Explanation of Mishnah Shevuot
“He who has been robbed” How so?
If they testified of a man that he entered into another’s house to take a pledge without permission, and the other says, “You have taken my vessels, and he says, “I have not taken them,” he takes an oath, and takes back his vessels.
Rabbi Judah says: “[There is no oath] unless there is partial admission: How so? He said to him, “You have taken two vessels,” and the other says, “I have taken only one.”
This mishnah discusses the oath taken by one who has been robbed. Through this oath the one who was robbed can recover his money from the robber.
The second type of person who is allowed to swear and collect is one who has been robbed. In the scenario presented in the mishnah Reuven enters Shimon’s home to take Shimon’s property as a pledge against Shimon’s debt to Reuven, but Reuven did not have permission, neither from Shimon nor from the court, to do so. Shimon claims that Reuven took his vessels when intruding into the house. If Reuven denies having done so, Shimon may swear and take from Reuven the value of the vessels that he has claimed. The reason that Shimon is allowed to swear and thereby collect is that Reuven is punished for having illegally entered Shimon’s house. Since he already broke the law, we do not trust him to deny having further broken the law.
According to Rabbi Judah, he is allowed to swear and collect only if Reuven denies part of the claim and admits to the other part. If Reuven denies the entire claim, Shimon cannot swear and thereby collect.
If they testified of a man that he entered into another’s house to take a pledge without permission, and the other says, “You have taken my vessels, and he says, “I have not taken them,” he takes an oath, and takes back his vessels.
Rabbi Judah says: “[There is no oath] unless there is partial admission: How so? He said to him, “You have taken two vessels,” and the other says, “I have taken only one.”
This mishnah discusses the oath taken by one who has been robbed. Through this oath the one who was robbed can recover his money from the robber.
The second type of person who is allowed to swear and collect is one who has been robbed. In the scenario presented in the mishnah Reuven enters Shimon’s home to take Shimon’s property as a pledge against Shimon’s debt to Reuven, but Reuven did not have permission, neither from Shimon nor from the court, to do so. Shimon claims that Reuven took his vessels when intruding into the house. If Reuven denies having done so, Shimon may swear and take from Reuven the value of the vessels that he has claimed. The reason that Shimon is allowed to swear and thereby collect is that Reuven is punished for having illegally entered Shimon’s house. Since he already broke the law, we do not trust him to deny having further broken the law.
According to Rabbi Judah, he is allowed to swear and collect only if Reuven denies part of the claim and admits to the other part. If Reuven denies the entire claim, Shimon cannot swear and thereby collect.
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Bartenura on Mishnah Shevuot
הרי זה נשבע ונוטל – for the words are proven that the witnesses testify that he had a pledge taken without permission,. And what he was carrying was something where one is believed to be wealthy. But if he was carrying a silver cup, or something like it, it is a matter that they would not have believed him to be wealthy. Is it not within his powers to take an oath and take his rightful due? But rather, the person whom the claim is made against should take an oath and be exempt.
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