Gittin

— He adopted the view of R. Eliezer b. Jacob, as it has been taught: R. Eliezer b. Jacob says, There are times when a man has to take an oath on account of his own plea. For instance: If a man says, 'Your father lent me a maneh and I returned him half of it,' he has to take an oath, this being the kind of person who has to take an oath on account of his own plea. The Sages, however, say that he is on the same footing as one who restores a lost article, and he is exempt [from an oath].  But does R. Eliezer b. Jacob not hold that one who restores a lost article is exempt? — Rab said: [He speaks of a case] where the claim is made by a minor.  Does any weight attach to the claim of a minor, seeing that we have learnt, 'An oath is not administered on the claim of a deaf-mute, an idiot or a minor'?  — By 'minor' R. Eliezer means here a grown-up, and the reason why he calls him 'minor' is because in respect of the affairs of his father he is no better than a minor. If that is the case, why does he say, 'on account of his own plea'? It is the plea of someone else? — He means, the plea of someone else and his own admission. But all charges can be called 'the plea of someone else and his own admission'? — The truth is that they [R. Eliezer and the Rabbis] differ over the point raised by Rabbah; for Rabbah said: Why did the Torah lay down that one who admits part of the charge against him should take an oath [that he is not liable for the rest]?  The presumption is that a man will not be brazen enough in the presence of his creditor [to deny a debt outright]. Now this man would like to deny the whole, and the reason why he does not deny the whole is because he is not brazen enough.  On the other hand, he would also like to admit the whole, and the reason why he does not do so is to gain time, as he thinks to himself, When I have money I will pay him.  The All-Merciful therefore said: Impose an oath on him, so that he will admit the whole. Now R. Eliezer was of opinion that whether he is dealing with [the lender] himself or with his son, [the debtor] would not be brazen enough [to deny the debt outright], and therefore in neither case is he like one who restores a lost article.  The Rabbis, however, were of opinion that he would not be brazen enough [to deny the debt to the creditor] himself but he would to his son. Hence since he is not so brazen, he is regarded as one restoring a lost article.