Shevuot

what is the reason of R. Eliezer?1 But [you must therefore say,] it is not equal to the amount of the loan, and they disagree about Samuel's ruling.2 — No! if it is not equal to the amount of the loan, neither of them would agree with Samuel;3 but here, it is equal to the amount of the loan; and they disagree about R. Isaac's ruling; for R. Isaac said: Whence do we know that the creditor ‘possesses’4 the pledge? Because it is said: And it shall be righteousness unto thee.5 [Now,] if he does not ‘possess’ the pledge, wherein is his righteousness [in returning it]? Hence, the creditor ‘possesses’ the pledge.6 Shall we say [then] that [these] Tannaim disagree about R. Isaac's ruling?7 — How can you think so? You may say that R. Isaac stated [his law] if he took the pledge not at the time of his loan;8 but if he took the pledge at the time of the loan, did he say [this]?9 — But [answer thus]: If he took the pledge not at the time of the loan, all agree with R. Isaac; but here10 [we deal with a case where] he took the pledge at the time of his loan, and they disagree on [the same principle which governs] the guardian of a lost object;11 for it has been stated: The guardian of a lost object: Rabbah says he is like an unpaid bailee,12 the loan, it was obviously intended as full security; and if he loses it, he should lose his loan. simply as a reminder of the loan and not as full security; and he is regarded as an unpaid guardian of the pledge; therefore he takes the required oaths. And R. Akiba agrees with Samuel that, since the lender made no stipulation, he accepted the pledge as full security, and therefore if he loses it, he loses his money. Hence, Tannaim disagree on this point; then why does Samuel state his ruling as if he originated it? Let him say he agrees with R. Akiba reminder, and therefore if he loses it, he does not lose his money. must pay for it; v. B.M. 82a, Rashi. therefore is not responsible for its loss; and R. Akiba agrees with R. Isaac, holding that he is responsible, and since it is equal to the amount of the loan, he loses the whole loan, if he loses the pledge. the pledge later, he obviously wanted it as a source for the repayment, and is therefore fully responsible for it: he ‘possesses’ it.