Shevuot

On all [oaths] we impose others, except on [the oath of] the hired labourer on which we do not impose others.1 R. Hisda said: To all we are not lenient,2 except a hired labourer to whom we are lenient. What is the difference between them?3 — There is this difference: [whether the court] find an opening for him [to impose another oath].4 BUT THE SABBATICAL YEAR CANCELS THE OATH. Whence do we know this? — R. Giddal said that Rab said: Because Scripture says. And this is the word of the release:5 even a ‘word’6 it releases. MISHNAH. THERE ARE FOUR GUARDIANS: AN UNPAID GUARDIAN, A BORROWER, A PAID GUARDIAN, AND A HIRER.7 AN UNPAID GUARDIAN TAKES AN OATH IN ALL CASES;8 A BORROWER PAYS IN ALL CASES;9 A PAID GUARDIAN AND A HIRER TAKE AN OATH IN THE CASE OF INJURY, CAPTURE,10 OR DEATH, BUT PAY FOR LOSS OR THEFT. IF HE [THE OWNER] SAID TO THE UNPAID GUARDIAN, WHERE IS MY OX?’ AND HE REPLIED TO HIM, ‘IT DIED,’ WHEREAS IT WAS INJURED OR CAPTURED OR STOLEN OR LOST; [OR HE REPLIED], ‘IT WAS INJURED,’ WHEREAS IT DIED OR WAS CAPTURED OR STOLEN OR LOST; [OR HE REPLIED,] ‘IT WAS CAPTURED,’ WHEREAS IT DIED OR WAS INJURED OR STOLEN OR LOST; [OR HE REPLIED,] ‘IT WAS STOLEN,’ WHEREAS IT DIED OR WAS INJURED OR CAPTURED OR LOST; [OR HE REPLIED,] ‘IT WAS LOST,’ WHEREAS IT DIED OR WAS INJURED OR CAPTURED OR STOLEN; [AND THE OWNER SAID,] ‘I ADJURE YOU,’ AND HE SAID, ‘AMEN’, HE IS EXEMPT.11 [IF THE OWNER SAID,] ‘WHERE IS MY OX?’ AND HE REPLIED TO HIM, ‘I DO NOT KNOW WHAT YOU SAY,’ WHEREAS IT DIED OR WAS INJURED OR CAPTURED OR STOLEN OR LOST; [AND THE OWNER SAID,] ‘I ADJURE YOU,’ AND HE SAID, AMEN, HE IS EXEMPT.12 [IF THE OWNER SAID,] ‘WHERE IS MY OX?’ AND HE REPLIED TO HIM, ‘IT WAS LOST’; [AND THE OWNER SAID,] ‘I ADJURE YOU’, AND HE SAID, ‘AMEN’; AND WITNESSES TESTIFIED AGAINST HIM THAT HE HAD CONSUMED IT, HE PAYS THE PRINCIPAL; IF HE CONFESSED HIMSELF, HE PAYS THE PRINCIPAL, FIFTH, AND GUILT-OFFERING.13 [IF THE OWNER SAID,] ‘WHERE IS MY OX?’ AND HE REPLIED TO HIM, ‘IT WAS STOLEN;’ [AND THE OWNER SAID,] ‘I ADJURE YOU, AND HE SAID, ‘AMEN;’ AND WITNESSES TESTIFIED AGAINST HIM THAT HE HIMSELF STOLE IT, HE PAYS DOUBLE;14 IF HE CONFESSED HIMSELF, HE PAYS THE PRINCIPAL,15 FIFTH, AND GUILT-OFFERING. IF A MAN SAID TO ONE IN THE STREET, ‘WHERE IS MY OX WHICH YOU HAVE STOLEN?’ AND HE REPLIED, ‘I DID NOT STEAL IT,’ AND WITNESSES TESTIFIED AGAINST HIM THAT HE DID STEAL IT, HE PAYS DOUBLE;16 IF HE KILLED IT OR SOLD IT, HE PAYS FOUR OR FIVE TIMES ITS VALUE.17 IF HE SAW WITNESSES COMING NEARER AND NEARER, AND HE SAID, I DID STEAL IT, BUT I DID NOT KILL OR SELL IT,’ HE PAYS ONLY THE PRINCIPAL.18 IF HE [THE OWNER] SAID TO THE BORROWER, ‘WHERE IS MY OX?’ AND HE REPLIED TO HIM, of the claimant; but when the labourer has to take an oath that he has not received his wages, the court do not permit the employer to include any other oath; for in reality the labourer should be believed without an oath; and it is only to appease the employer that an oath is imposed on him (supra 45a), therefore the court do not allow other oaths to be added. the claimant whether he has any further claims against the defendant in which an oath might be imposed; but according to R. Hisda the court are not lenient with the defendant if the claimant wishes to impose other oaths (and they permit the imposition), but they do not themselves, if the claimant does not urge it, endeavour to find an opening for the imposition of other oaths (Rashi). for that purpose. admitted the truth, he would have had to make restitution; by his denial on oath, therefore, he wishes to free himself from payment, and if it is found that he has sworn falsely, he brings a guilt-offering and makes restitution, adding also a fifth of its value (Lev. V, 21-26). In this case of an unpaid guardian, however, he did not, by his denial, wish to exempt himself from payment; for even if he had admitted the truth, he would have been exempt; therefore he does not bring a guilt-offering. the principal, adds a fifth of its value, and brings a guilt-offering: they shall confess their sin . . . and he shall make restitution for his guilt in full, and add unto it the fifth part thereof. . . besides the ram of the atonement. . . (Num. V, 7, 8). stolen it, pays double (like a thief); but if he tries to free himself by maintaining that it was lost (as in the previous clause), whereas he had himself stolen it, he does not pay double; v. B.K. 63b. confession, and he is exempt from paying double for the theft; and since there is no double, there is no fourfold or fivefold payment (though he denied the selling or killing, and witnesses testified against him that he did steal and kill or sell); v. B.K. 75b.