(Si uno le dijo a un prestatario :) "¿Dónde está mi buey?" Y él dijo: "No sé de qué estás hablando", cuando, en realidad, había muerto o se había roto, incautado, robado o perdido.—"Te vestí", y él respondió: "Amén", él es responsable, [habiendo negado el dinero. Porque si hubiera admitido (la verdad) habría sido responsable.] Si le hubiera dicho a un vigilante pagado o a un arrendatario: "¿Dónde está mi buey?" Y él dijo: "Murió" cuando, en realidad, se había roto o incautado— "Estaba roto" cuando, en realidad, había muerto o había sido incautado — "Fue incautado" cuando, en realidad, había muerto o se había roto — "Fue robado" cuando, en realidad, se había perdido — "Estaba perdido" cuando, en realidad, había sido robado —"Te vestí", y él respondió: "Amén", está exento. [Porque si hubiera admitido la verdad, no habría pagado. Del mismo modo, con "Fue robado", cuando, en realidad, se había perdido ", o viceversa, está exento, ya que cambia de una responsabilidad a otra y no niega dinero con este juramento.] Se perdió o fue robado , "cuando, en realidad, había muerto o se había roto o incautado—"Te arropo", y él responde: "Amén", está exento, [porque pasa de la no responsabilidad (por el pago) a la responsabilidad, y pierde por su juramento.] Esta es la regla: quien cambie de responsabilidad a la responsabilidad, de no responsabilidad a no responsabilidad, o de no responsabilidad a responsabilidad está exenta (de la oferta); de responsabilidad a no responsabilidad, él es responsable. Esta es la regla: el que jura disminuir su responsabilidad (monetaria) es responsable (por la oferta); para aumentarlo, está exento.
Bartenura on Mishnah Shevuot
חייב – for behold, he denied the money [owed] , for had he admitted, he would be make himself liable.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Shevuot
Introduction
The first section of our mishnah contains one more law concerning the borrower. Sections 2-4 discuss the paid guardian and the hirer. Sections five and six contain general rules which summarize most of the laws learned in this chapter.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Shevuot
מת והוא נשבר וכו' פטור – for it had admitted [to it], he would not pay. And similar, if [he said] that it had been stolen but [in reality] he lost it, or if [he said that] he lost it [but in reality] it had been stolen, he is exempt, for behold he changed from one liability to another and didn’t deny [that he owed] money in this oath.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Shevuot
[If the owner said,] “Where is my ox?” and he replied to him, “I do not know what you are talking about,” whereas in reality it died or was injured or captured or stolen or lost; [and the owner said,] “I adjure you,” and he said, “Amen,” he is liable. This section continues to discuss a borrower. If the borrower denies having received the ox in the first place, he is attempting to exempt himself from paying back the owner. This is in reality the only way that the borrower can exempt himself from having to pay back the owner. If his oath was false he is liable to pay back the owner the value of the animal, as well as bring an additional fifth and a sacrifice for having sworn a false oath.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Shevuot
אמר לו אבד או נגנב והוא שמת או נשבה וכו' פטור – for behold, he changed from something exempt to a liability and he lost out in his oath.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Shevuot
If he said to a paid guardian, or hirer, “Where is my ox?” and he replied to him, “It died,” whereas in reality it was injured or captured; [Or he replied,] “It was injured,” whereas in reality it died or was captured; [Or he replied,] “It was captured,” whereas in reality it died or was injured; [Or he replied,] “It was stolen”, whereas in reality it was lost; [Or he replied,] “It was lost,” whereas in reality it was stolen; [And the owner said,] “I adjure you,” and he said, “Amen,” he is exempt. Sections two-four discuss the paid guardian and the hirer, who have the same liabilities to pay back the owner of the animal. If the animal was injured, taken captive or died they may take an oath that they were not negligent and thereby exempt themselves from having to pay back the owner. If the animal was stolen or lost they cannot take an oath; rather they must pay back the owner. Our mishnah again illustrates the principle that if the false oath would have exempted the guardian in a case where if he had told the truth he would have been obligated, he must bring a sacrifice for having sworn falsely. If the oath does not reduce his liability he is not liable, even though he swore falsely. For instance, if he swears that it was injured, but in reality it was taken captive, he has sworn falsely, but his false oath did not reduce his liability. He is exempt in either case. Similarly, if he says that the animal was lost and it was really stolen, the false oath did not effect his liability. He would have been liable in any case. Since his false oath does not reduce his liability, it also does not make him liable to bring a sacrifice.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Shevuot
[If he replied,] “It died,” or, “It was injured,” or, “It was captured,” whereas in reality it was stolen or lost; [And the owner said,] “I adjure you,” and he said, “Amen,” he is liable. By swearing that the animal died, was injured or taken captive, the hirer or paid guardian is attempting to exempt himself from having to pay back the guardian. If, in reality, the animal was stolen or lost, the guardian has taken a false oath which would have exempted him from having to pay back the owner. Since the oath reduced the liability, the false oath makes him liable to bring an additional fifth, and a sacrifice.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Shevuot
[If he replied,] “It was lost,” or, “It was stolen,” whereas in reality it died or was injured or captured; [And the owner said,] “I adjure you,” and he said, “Amen,” he is exempt. By swearing that the animal was lost or stolen the hirer or paid guardian is making a claim that will make him liable to pay back the value of the animal to the owner. If, in reality, the animal was lost in a manner that would not have made him liable, it turns out that the false oath did not reduce his liability. On the contrary, in this case the false oath actually made him more liable. Even though the oath effected his liability, since it did not reduce his liability, he is still not obligated to bring an additional fifth or a sacrifice. He is, however, liable to pay back the value of the animal.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Shevuot
This is the principle: he who [by lying] changes from liability to liability or from exemption to exemption, or from exemption to liability, is exempt; From liability to exemption, is liable. This section contains a general rule that summarizes must of the laws learned in this entire chapter. It is interesting to note, that although one could have learned all of the laws from this rule, the mishnah nevertheless states all of the laws using concrete examples, rather than abbreviating to just the general rule.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Shevuot
This is the principle: he who takes an oath to make it more lenient for himself, is liable; to make it more stringent for himself, is exempt. This section contains another general rule meant to explain the laws of the chapter. Some versions of the Mishnah do not contain this line. It seems that this is an alternative version of the rule in section five. Congratulations! We have finished Shevuoth. It is a tradition at this point to thank God for helping us to finish learning the tractate and to commit ourselves to going back and relearning it, so that we may not forget it and so that its lessons will stay with us for all of our lives. For those of you who have learned with us the entire tractate, a hearty Yasher Koach (congratulations). You have accomplished a great deal and you should be proud of yourselves. Indeed we have now finished together six tractates of Mishnah, and are three quarters of the way through the entire order of Nezikin. Of course, we have much more to learn. We will begin Shevuoth tomorrow!
