Shevuot

and R. Joseph says he is like a paid bailee.1 Shall we say [then] that [these] Tannaim disagree about R. Joseph's ruling?2 — No! In the case of a guardian of a lost object all agree with R. Joseph;3 but here they disagree in a case where the lender requires the pledge [for his use]:4 one5 holds he is doing a mizwah, and the other6 holds he is not doing a mizwah. Shall we say that [the following] Tannaim [disagree about Samuel's ruling]? [For it was taught:] If one lends his neighbour [money] on a pledge, and the Sabbatical year arrives, even if it is only worth a half, it does not cancel [the debt]:7 this is the opinion of Rabban Simeon b. Gamaliel. R. Judah the Prince says: If his pledge was equal in value to the debt, it does not cancel it; but if not, it cancels it.8 Now, what is meant by ‘it does not cancel it’ which the first Tanna states? Shall we say, only up to its value?9 [But] this would imply that R. Judah the Prince holds it cancels also that portion up to its value! Then for what purpose is he holding the pledge? But it therefore means [does it not?] all of it;10 and they disagree about Samuel's ruling!11 — No! Really only up to its value,12 and in this they disagree: the first Tanna holds [it does not cancel] up to its value; and R. Judah the Prince holds it cancels also up to its value;13 and as to your question: Why is he holding the pledge? That is merely as a reminder.14 C H A P T E R VII MISHNAH. ALL WHO TAKE AN OATH [ENFORCED] IN SCRIPTURE, TAKE AN OATH, AND DO NOT PAY.15 BUT THESE TAKE AN OATH, AND RECEIVE [PAYMENT]: THE HIRED LABOURER,16 HE WHO HAS BEEN ROBBED, HE WHO HAS BEEN WOUNDED, HE WHOSE OPPONENT IS SUSPECTED OF TAKING A FALSE OATH,17 AND THE SHOPKEEPER WITH HIS ACCOUNT BOOK.18 ‘THE HIRED LABOURER’ — HOW? [IF] HE SAYS TO HIM [HIS EMPLOYER]. ‘GIVE ME MY WAGES WHICH YOU OWE ME,’ AND HE REPLIES, ‘I HAVE GIVEN IT,’ AND THE OTHER SAYS, ‘I HAVE NOT RECEIVED IT,’ HE [THE LABOURER] TAKES AN OATH AND OBTAINS [HIS DUE]. R. JUDAH SAYS, [THERE IS NO OATH] UNLESS THERE IS PARTIAL ADMISSION:19 HOW? IF HE SAYS TO HIM, ‘GIVE ME MY WAGES, FIFTY DENARII, WHICH YOU OWE ME,’ AND THE OTHER SAYS, ‘YOU HAVE RECEIVED A GOLD DENAR.’20 ‘HE WHO HAS BEEN ROBBED, — HOW? IF THEY TESTIFIED OF A MAN21 THAT HE ENTERED INTO ANOTHER'S HOUSE TO TAKE A PLEDGE WITHOUT AUTHORITY, AND THE OTHER SAYS, ‘YOU HAVE TAKEN MY VESSELS, AND HE SAYS, ‘I HAVE NOT TAKEN THEM,’ HE22 TAKES AN OATH, AND RECOVERS THEM. R. JUDAH SAYS, [THERE IS NO OATH] UNLESS THERE IS PARTIAL ADMISSION: HOW? HE SAID TO HIM, ‘YOU HAVE TAKEN TWO VESSELS,’ AND THE OTHER SAYS, ‘I HAVE TAKEN ONLY ONE.’ ‘HE WHO HAS BEEN WOUNDED,’ — HOW? IF THEY TESTIFIED OF A MAN THAT ANOTHER WENT INTO HIM WHOLE, AND CAME OUT WOUNDED, AND HE SAID TO HIM, ‘YOU HAVE WOUNDED ME,’ AND THE OTHER SAID, ‘I HAVE NOT WOUNDED YOU,’ HE TAKES AN OATH, AND RECEIVES [DAMAGES]. R. JUDAH SAYS, [THERE IS NO OATH] UNLESS THERE IS PARTIAL ADMISSION: HOW? HE SAID TO HIM, YOU HAVE INFLICTED ON ME TWO WOUNDS,’ AND THE OTHER SAID, ‘I INFLICTED ON YOU ONLY ONE WOUND.’ ‘HE WHOSE OPPONENT IS SUSPECTED OF TAKING A FALSE OATH,’ — HOW? theft. A lender also has a mizwah for helping the borrower with a loan, therefore he is like a paid bailee for the pledge which is in his keeping, according to R. Joseph. Accordingly, R. Eliezer, who holds the lender is not responsible for the pledge, will agree with Rabbah; and R. Akiba, with R. Joseph. (who agrees with R. Akiba) also say that R. Eliezer agrees with him, too? payment). deducting from the debt the amount he would have to pay for hiring the pledge; and since he is doing a mizwah, he is a paid guardian for the pledge, and is responsible for its loss. therefore an unpaid guardian, and is not responsible for its loss. not cancel the debt; v. Git. 37a; but Rabban Simeon b. Gamaliel holds that this applies even where the pledge was worth only half of the value of the debt. secured by it). does not cancel any part of the debt at all; and R. Judah holds it does not cancel that portion which the pledge secures (i.e., up to its value). the whole debt. If so, let Samuel say he agrees with R. Simeon b. Gamaliel. he does not agree with Samuel. whole debt. from paying. on the creditor, and he exacts his money. case, the Sages say that the oath is removed from him, and imposed upon the employee; but where there is no admission on the part of the employer, there would have been no oath (according to the Torah, except the Rabbinic consuetudinary oath, v. supra p. 247); and in this case the Rabbis do not impose it on the labourer.