Soncino English Talmud
Ketubot
Daf 18a
Because [the condition of the relations between] Judaea and Galilee is usually as in time of lawlessness. But let him teach: R. Joshua admits [that] when one says to his fellow, 'I borrowed from you a maneh and paid it [back] to you.' he is believed! — Because he would have [in that case] to teach [in] the last clause: 'If there are witnesses that he borrowed from him [a maneh] and he says. "I have paid it [back]" he is not believed', but it is established for us [that] if one lends [money] to his fellow before witnesses, he need not pay it [back] to him before witnesses. — But let him [then] teach: R. Joshua admits [that] if one says to his fellow, 'I owed to your father a maneh and I returned to him half' he is believed! — According to whose opinion? If according to the opinion of the Rabbis. surely they say [that he is regarded as] one who returns a lost thing; [and] if according to R. Eliezer b. Jacob. surely he says that he must take an oath! For it has been taught: R. Eliezer b. Jacob says: Sometimes [it may happen] that a man has to take an oath because of his own statement. How [is it]? [If one says to his fellow]. 'I owed to your father a maneh and I returned to him half,' he must take an oath. And this is [a case] where one takes an oath because of one's statement. But the Sages say: He is [regarded] only as one who returns a lost thing and he is free. And does not R. Eliezer b. Jacob hold [that] one who returns a lost thing is free? — Rab said: [It speaks here of a case] when a minor claimed from him. But did not a Master say: One does not take an oath because of a claim by a deaf-mute, an imbecile, or a minor? — What is [meant by] 'minor'? A grown-up person, and why does he call him 'minor'? Because with regard to the affairs of his father he is [regarded as] a minor. If so, [how can you say] 'his own statement?' It is a claim [made] by others! — It is a claim [made] by others and [also] his own admission. But all claims [consist of] a claim [made] by others and one's own admission! — They differ here with regard to [an opinion of] Rabbah, for Rabbah said: Why did the Torah say [that] he who admits a part of the claim must take an oath? [Because] it is a presumption [that] no man is insolent in the face of his creditor. He would [indeed] like to deny the whole [debt]. but he does not do it because no one is [so] insolent.
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