Commentary for Bava Kamma 211:10

והא רב קרא קאמר אמרי קרא לכל הנשבעין שבתורה נשבעין ולא משלמין הוא דאתא ולקח בעליו ולא ישלם מי שעליו לשלם הוא נשבע

He rejoined:<span class="x" onmousemove="('comment',' I.e., R. Aha to R. Nahman. ');">¹⁸</span> If so read the concluding clause: [But if on being asked] 'Where is my deposit?', the bailee replied: 'It was stolen!', [and when the depositor retorted] 'Will you take an oath?', the bailee said, 'Amen!' if witnesses testify against him that he himself had stolen it, he has to repay double, whereas if he admits this on his own accord, he has to pay the Principal together with a Fifth and a trespass offering. Now, if you assume that the oath was taken outside the Court of Law, how could there be liability for double payment?<span class="x" onmousemove="('comment',' Which could be imposed upon the bailee only if his defence of theft was confirmed by him by an oath administered to him by the Court of Law. ');">¹⁹</span>

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