O juramento sobre uma promessa. Como assim? Se alguém lhe dissesse: "Dê-me minha promessa de que você tem" (e ele disse :) "Eu juro que não tenho" ou: "Eu não tenho" e o primeiro disse: "Eu beswear você ", e ele disse:" Amém ", ele é responsável. Se ele o atormentou cinco vezes, seja antes de beth-din ou não antes de beth-din, ele é responsável por cada um. R. Shimon disse: Por que sim? Pois ele pode voltar e admitir isso [depois que ele nega, para que a cada juramento esteja negando dinheiro.]
Bartenura on Mishnah Shevuot
מפני שיכוך לחזור ולהודות – after denial, and it is found that in each oath, he denies the money.
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English Explanation of Mishnah Shevuot
Introduction
This mishnah explains how an oath of deposit works.
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English Explanation of Mishnah Shevuot
This mishnah is almost exactly the same as the chapter four, mishnah three. It may help to look back there as well.
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English Explanation of Mishnah Shevuot
The oath of deposit how? If he said to him: “Give me my deposit which I have in your possession” [and the other replied:] “I swear that you have nothing in my possession”; or he replied to him; “You have nothing in my possession,” [and the depositor said:] “I adjure you”, and he responded, “Amen!”, he is liable. An oath of deposit may either be done by the claimant asking the other person to return the object and the other person swearing that it is not in his possession, or by the claimant adjuring the other person and the other person answering “Amen”. In either case, if the other person falsely denied having the object he will be liable.
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English Explanation of Mishnah Shevuot
If he adjured him five times, whether before the court or not before the court, and he denied, he is liable for each one. Rabbi Shimon said: “What is the reason? Because he can retract and admit.” If the claimant adjured the other person five times and he falsely denied it five times, he will be obligated for five sacrifices. Rabbi Shimon explains that since he could legally change his mind and admit at any point that the object was in his possession, each subsequent oath is in fact effective and is treated as a new oath. This differs from an oath of testimony mentioned in 4:3, where if the witnesses denied knowledge in front of the court five times, they will be obligated only once, since they cannot change their mind after having already testified.
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English Explanation of Mishnah Shevuot
Questions for Further Thought: • Does the last section of this mishnah go according to Rabbi Meir or the Sages (see mishnah one)? How so?
