Shevuot

— Well then [you must] reverse;1 for even in a prohibition he does not hold [this principle]. To this Rabina demurred; And in a prohibition does he not hold [this principle]? Now then, [priests ministering in the Temple] intoxicated with wine,2 or with a long growth of hair,3 the punishment for which is [said to be] death — will you also say [in these cases] that R. Meir does not hold [the principle]?4 Surely we learnt: These are liable for death: [priests] intoxicated with wine, and with a long growth of hair!5 — Hence indeed, reverse; but only in money matters does he not hold [the principle]; in a prohibition, however, he does hold the principle;6 and the case of sotah7 is different, because it is a prohibition which includes also money matters.8 9 MISHNAH. THE OATH OF DEPOSIT APPLIES TO MEN AND WOMEN. TO NON-RELATIVES AND RELATIVES, TO THOSE QUALIFIED [TO BEAR TESTIMONY] AND THOSE UNQUALIFIED; BEFORE THE BETH DIN AND NOT BEFORE THE BETH DIN, [IF UTTERED] FROM HIS OWN MOUTH;10 BUT [IF ADJURED] BY THE MOUTH OF OTHERS,11 HE IS NOT LIABLE UNLESS HE DENIES IT BEFORE THE BETH DIN: THIS IS THE OPINION OF A. MEIR; BUT THE SAGES SAY, WHETHER [UTTERED] FROM HIS OWN MOUTH OR [ADJURED] BY THE MOUTH OF OTHERS — SINCE HE DENIED IT, HE IS LIABLE. AND HE IS LIABLE FOR THE WILFUL TRANSGRESSION OF THE OATH,12 AND FOR ITS UNWITTING TRANSGRESSION,13 COUPLED WITH WILFUL [DENIAL OF] DEPOSIT; BUT HE IS NOT LIABLE FOR UNWITTING TRANSGRESSION SIMPLY.14 AND TO WHAT IS HE LIABLE FOR WILFUL TRANSGRESSION? A GUILT OFFERING15 OF [THE VALUE OF] TWO SHEKELS OF SILVER.16 THE OATH OF DEPOSIT — HOW? HE SAID TO HIM: ‘GIVE ME MY DEPOSIT WHICH I HAVE IN THY POSSESSION.’ [THE OTHER REPLIED:] ‘I SWEAR THAT THOU HAST NOT [ANYTHING] IN MY POSSESSION’; OR HE REPLIED TO HIM; ‘THOU HAST NOT [ANYTHING] IN MY POSSESSION,’ [AND THE DEPOSITOR SAID:] ‘I ADJURE THEE.’ AND HE RESPONDED, ‘AMEN!’; HE IS LIABLE. IF HE ADJURED HIM FIVE TIMES, WHETHER BEFORE THE BETH DIN OR NOT BEFORE THE BETH DIN, AND HE DENIED, HE IS LIABLE17 FOR EACH ONE. R. SIMEON SAID: WHAT IS THE REASON? BECAUSE HE CAN RETRACT AND ADMIT.18 IF FIVE CLAIMED FROM HIM, AND SAID TO HIM: ‘GIVE US THE DEPOSIT THAT WE HAVE IN THY POSSESSION,’ [AND HE REPLIED:] ‘I SWEAR THAT YOU HAVE NOT [ANYTHING] IN MY POSSESSION,’ HE IS LIABLE ONLY ONCE. [IF HE SAID:] ‘I SWEAR THAT THOU HAST NOT IN MY POSSESSION, NOR THOU, NOR THOU,’19 HE IS LIABLE FOR EACH ONE. R. ELIEZER20 SAYS: ONLY IF HE SAYS, ‘I SWEAR’ AT THE END.21 R. SIMEON SAYS: ONLY IF HE SAYS, ‘I SWEAR’ TO EACH ONE. ‘GIVE ME THE DEPOSIT, LOAN, THEFT, AND LOST OBJECT THAT I HAVE IN THY POSSESSION.’ — ‘I SWEAR THAT THOU HAST NOT [THESE] IN MY POSSESSION,’ HE IS LIABLE ONLY ONCE. ‘I SWEAR THAT THOU HAST NOT IN MY POSSESSION DEPOSIT, LOAN, THEFT, AND LOST OBJECT,’ HE IS LIABLE FOR EACH ONE. ‘GIVE ME THE WHEAT, BARLEY, AND SPELT THAT I HAVE IN THY POSSESSION.’ — ‘I SWEAR THAT THOU HAST NOT [THESE] IN MY POSSESSION,’ HE IS LIABLE ONLY ONCE. ‘I SWEAR THAT THOU HAST NOT IN MY POSSESSION WHEAT, BARLEY, AND SPELT,’ HE IS LIABLE FOR EACH ONE. R. MEIR SAID: EVEN IF HE SAID, ‘... A GRAIN OF WHEAT, BARLEY AND SPELT,’22 HE IS LIABLE FOR EACH ONE. ‘THOU HAST VIOLATED OR SEDUCED MY DAUGHTER’ AND THE OTHER SAYS, ‘I DID NOT VIOLATE, NOR SEDUCE.’ — ‘I ADJURE THEE,’ — AND HE RESPONDS, ‘AMEN!’ HE IS LIABLE. R. SIMEON EXEMPTS HIM, FOR HE DOES NOT PAY A FINE ON HIS OWN ADMISSION.23 THEY SAID TO HIM: THOUGH HE DOES NOT PAY A FINE ON HIS OWN ADMISSION, HE STILL PAYS FOR THE SHAME AND BLEMISH ON HIS OWN ADMISSION.24 ‘THOU HAST STOLEN MY OX,’ AND HE SAYS, ‘I HAVE NOT STOLEN IT.’ — ‘I ADJURE THEE,’ — AND HE RESPONDS, ‘AMEN!’ HE IS LIABLE. ‘I HAVE STOLEN IT, BUT I HAVE NOT KILLED IT OR SOLD IT.’ — ‘I ADJURE THEE,’ AND HE RESPONDS, ‘AMEN!’ HE IS EXEMPT.25 ‘THY OX KILLED MY OX,’ AND HE SAYS, ‘IT DID NOT KILL [THY OX].’- ‘I ADJURE THEE,’ — AND HE RESPONDS, ‘AMEN!’ HE IS LIABLE. ‘THY OX KILLED MY SLAVE,’ AND HE SAYS, ‘IT DID NOT KILL [THY SLAVE].’ — ‘I ADJURE THEE.’ — AND HE RESPONDS, ‘AMEN!’ HE IS EXEMPT.26 HE SAID TO HIM, ‘THOU HAST INJURED ME, OR BRUISED ME,’ AND THE OTHER SAYS, ‘I HAVE NOT INJURED THEE OR BRUISED THEE.’ — ‘I ADJURE THEE,’ AND HE RESPONDS, ‘AMEN!’ HE IS LIABLE. HIS SLAVE SAID TO HIM, ‘THOU HAST KNOCKED OUT MY TOOTH, OR BLINDED MY EYE,’ AND HE SAID, ‘I DID NOT KNOCK OUT [THY TOOTH], OR BLIND [THY EYE].’ — ‘I ADJURE THEE,’ — AND HE RESPONDS, ‘AMEN!’ HE IS EXEMPT.27 THIS IS THE PRINCIPLE: WHENEVER HE PAYS ON HIS OWN ADMISSION,28 HE IS LIABLE,29 AND WHEN HE DOES NOT PAY ON HIS OWN ADMISSION,30 HE IS EXEMPT. GEMARA. R. Aha b. Huna and R. Samuel the son of Rabbah b. Bar Hanah and R. Isaac the son of Rab Judah studied [the tractate of] Shebu'oth at the School of Rabbah. R. Kahana met them and said priest drink wine, when they enter into the inner court (Ezek. XLIV, 20, 21). Allowing the hair to grow long is equated with drinking wine; just as for drinking wine the penalty is death, so for allowing the hair to grow long the penalty is death; Sanh. 83b. ye die not; but if you drink wine, you will die. witnesses) involves a money claim; therefore R. Meir exempts the witnesses (for we reverse the reading). all. principle that he who admits on his own accord liability to a fine is exempt from payment, v. B.K. 74b. Since he is therefore denying a fine xbe, and not a money liability, iunn, he is exempt. fine, and not of an actual money liability. being paid even if the slave is worth much less. a fine.