Bava Metzia

and we do not add one provision to another provision.  But why not consider the fact simply that he is a shepherd, and Rab Judah says that a shepherd [generally speaking] is unfit [to take an oath]?  — This presents no difficulty: That case [referred to by Rab Judah,] is one of [a shepherd who feeds] his own flock [and is therefore tempted to let them trespass], but this case [regarding which Abaye asks his question,] is one of [a hired shepherd who keeps] other people's flocks [and has no occasion to trespass]. For if this were not so, how could we entrust cattle to any shepherd? Is it not written, Thou shalt not put a stumbling block before the blind?  But the presumption is that a man will not commit a sin unless he stands to profit by it himself. HE SHALL THEN SWEAR THAT HIS SHARE IN IT IS NOT LESS THAN HALF, etc. Does he swear regarding the part which is his, or regarding the part which is not his?  — R. Huna answers: He has to say, 'I swear that I have a share in it, and that it is not less than half.'  But let him say, 'I swear that it is all mine!'  — Do we give him all of it?  Then let him say, 'I swear that half of it is mine!'-He would impair his own words.  But does he not now also impair his own words?  — [No!] He says, 'It is all mine,' [and he adheres to his claim]. But [he adds]. 'According to you, [who do not accept my contention,] I swear that I have a share in it, and that it is not less than half.' But [it is again asked]: Since each one stands [before the Court] holding [the garment], what need is there for this oath? R. Johanan answered: This oath is an institution of the Sages, intended to prevent people from going out and seizing their fellow's garment, declaring it to be their own.  But should we not say that, since he is suspected of fraud in money matters, he ought also to be suspected of swearing falsely?  — We do not say that one who is suspected of fraud in money matters must also be suspected of swearing falsely.  For if you do not concede this, how could the Divine Law lay it down that one who admits part of a claim shall swear [regarding the rest]? We ought to say that, since he is suspected of fraud in money matters, he must also be suspected of swearing falsely? — There he just tries to put the claimant off for a time, according to the view of Rabbah.  You may infer this  from what R. Idi b. Abin says in the name of R. Hisda:  He who denies a loan  can still be accepted as a witness,  but he who denies a deposit cannot be accepted as a witness.  But there is [the law] which Rami b. Hama taught: Four kinds of bailees require to put forward a partial denial and a partial admission [in order to be liable to an oath]: the gratuitous bailee, the borrower, the paid bailee, and the hirer.  Why do we not say that, since he  is suspected of fraud in money matters,  he must also be suspected of swearing falsely?  — There also he merely tries to put off the claimant,  for he thinks: 'I shall find the thief and have him arrested,' or, 'I shall find [the animal] in the field and bring it to him.' But if this is so, why is one who denies a deposit unfit to be a witness? Let us say that he is only putting off the claimant, thinking to himself, 'I shall put him off until I may look for it and find it'? — We say that he who denies a deposit is unfit to be a witness only [if it is a case] where witnesses come and testify against him, saying that at that time the deposit was in the house, and that he knew it, or [if it is a case] where he is holding it in his hand. But in the case in which R. Huna says, 'We make him swear that [the article] is not in his possession,'  why do we not say that since he is suspected of fraud in money matters he must also be suspected of swearing falsely? — There also he may permit himself [to keep the article] by saying [to himself], 'I am willing to pay him for it.' Then R. Aha of Difti said to Rabina: Would he not even so transgress the commandment, Thou shalt not covet?  — 'Thou shalt not covet' is understood by people to apply only to that for which one is not prepared to pay.