Komentarz do Szewuot 8:3

היכן שורי – He (i.e., the owner) said to the unpaid bailee, “where is my ox?” He said to him: “It was lost.”

Introduction Mishnah three continues to discuss unpaid guardians who swear falsely with regards to the object under their watch.

משביעך אני ואמר אמן והעדים מעידים אותו שאכלו משלם את הקרן – [he pays the principle] but not the double-payment, but if he admitted it on his own prior to the witnesses coming, he would pay the principle plus one-fifth and a make a guilt-offering, like the law of the oath of a deposit, which does not come until he admits and repents from his wickedness and come to be forgiven/expiated.

[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 exempt. When the unpaid guardian is asked by the owner of the ox where is his ox, the he denies ever having received it. When adjured, the he swears that he never received the ox. If the ox in reality had died, been injured captured or lost, the unpaid guardian is exempt from bringing a sacrifice or from paying back the owner. As we learned in the previous mishnah, since he could have told the truth and been exempt, when he lies he is still exempt.

אמר ליה נגנב משביעך אני וכו' – since an unpaid bailee who exempts himself with the claim of the thief and takes an oath and witnesses came, he pays double, as it is written (Exodus 22:7): “If the thief is not caught, [the owner of the house shall depose before God that he has not laid hands on the other’s property].” “if the thief was not caught” – like as he said, but that he himself had stolen it, he should pay double. But if he came to exempt himself with the claim that it was lost, he does not pay double.

[If the owner said,] “Where is my ox?” and he replied to him, “It was lost”; [and the owner said,] “I adjure you”, and he said, “Amen”, and witnesses testify against him that he had consumed it, he pays the principal; if he confessed himself, he pays the principal, a fifth, and brings a guilt-offering. In this case the unpaid guardian swears falsely that the animal had been lost. In reality he had consumed the animal himself. If he had told the truth he would have had to pay back to the owner the value of the animal. If witnesses testify against him that he had consumed the animal himself, he must repay the value of the animal to the owner. If he himself admits that he consumed the animal, without witnesses testifying against him, he must not only restore the value of the animal, but pay an additional fifth and bring a guilt offering. This is the punishment prescribed in Leviticus 5:21-25. Our mishnah teaches that a person makes this type of expiation for a false oath, only if he admits to having sworn falsely. If witnesses prove him to have sworn falsely he does not bring a sacrifice or an additional fifth.

[If the owner said,] “Where is my ox?” and he replied to him, “It was stolen;” [and the owner said,] “I adjure you, and he said, “Amen”, and witnesses testify against him that he himself stole it, he pays double; if he confessed himself, he pays the principal, fifth, and brings a guilt-offering. If the unpaid guardian claims that the ox was stolen but in reality he stole it, he is considered a thief. If witnesses testify that he stole it he is obligated to pay back double the value of the ox, as are all thieves required to pay back double. If he himself admits to having stolen the ox, he must pay back the value of the ox, and an additional fifth and bring a sacrifice, for having sworn a false oath. He does not bring the double payment, due to the general rule that one who admits to having done a crime does not pay a fine. Double payment is considered a fine.

הודה מעצמו משלם קרן וחומש ואשם – but not the double payment, for a person who admits to a fine is exempt.

Questions for Further Thought:
• Section two: What is the paradox in this section, a law that seems to be counterintuitive?
• Why is one who admits to a crime exempt from paying the fine? What does this say about the penal system at the time of the Mishnah?