Se uno dicesse a un mutuatario: "Dov'è il mio bue?" E disse: "È morto", quando, in realtà, era stato rotto, sequestrato, rubato o perso— "Era rotto", quando, in realtà, era morto, era stato sequestrato, rubato o perso — "Fu sequestrato", quando, in realtà, era morto o era stato rotto, rubato o perso — "È stato rubato", quando, in realtà, era morto o era stato rotto, sequestrato o perso — "È stato perso" — quando, in realtà, era morto o era stato rotto, sequestrato o rubato —"Ti assalisco", e lui rispose: "Amen", è esente (da un giuramento). [Perché anche se ha giurato in modo falso, si è reso responsabile di pagare, in modo che non ci sia negazione di denaro in questo giuramento.]
Bartenura on Mishnah Shevuot
אמר לשואל וכו' פטור – for behold even when he was sworn to a lie, he obligated himself in payments and this oath is not a denial of money [owed].
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English Explanation of Mishnah Shevuot
Introduction
This mishnah is similar to mishnah two, except it discusses a borrower as opposed to an unpaid guardian. The principle taught as that learned above: if the false claim does not effect his liability to pay back the owner he is not liable for having taken a false oath.
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English Explanation of Mishnah Shevuot
If he [the owner] said to the borrower, “Where is my ox?” and he replied to him, “It died,” whereas in reality it was injured or captured or stolen or lost; [Or he replied,] “It was injured,” whereas in reality it died or was captured or stolen or lost; [Or he replied,] “It was captured”, whereas in reality it died or was injured or stolen or lost; [Or he replied,] “It was stolen”, whereas in reality it died or was injured or captured or lost; [Or he replied,] “It was lost”, whereas in reality it died or was injured or captured or stolen; [And the owner said,] “I adjure you,” and he said, “Amen,” he is exempt. This mishnah contains the exact same structure as mishnah two, and can be seen as the flip side to that mishnah. Mishnah two discussed an unpaid guardian, who is always exempt from having to pay back the owner, should something happen to the animal under his guard (of course, if he stole or ate the animal he is liable). Therefore, if he lies about what did happen, his lie has no effect on his liability to pay back the owner, for he would have been exempt in any case. Mishnah five discusses a borrower who is always liable to pay back the value of the animal should something happen to it. It does not matter whether the animal died, was injured, taken captive, stolen or lost; in any case in which he cannot restore the animal as it was, he must compensate the owner. Therefore, if he lies with regards to what happened to the animal, his lie has no effect. If for instance he says that the animal died, he still must pay back the value of the animal. The fact that the animal in reality was stolen does not change his degree of liability. Since the false oath did not change his liability he does not need to bring a sacrifice for swearing falsely.
