Talmud Bavli
Talmud Bavli

Commentary for Kiddushin 55:2

אשכחן בודאי ספק מנלן

it surely follows that we superimpose [an oath]. Now, we have thus learnt this of a positive claim; how do we know it of a case of doubt?<span class="x" onmousemove="('comment',' E.g., A and B are partners in a business; when they come to dissolve partnership, A cannot demand that B shall swear that he did not purloin anything from the business, in order to satisfy his doubts. If, however, B is bound to swear on account of another matter, he must swear on this too. Now, it cannot be argued that this too follows a fortiori from sotah, where the charge of adultery is likewise only doubtful. For the principal oath in connection with sotah is entirely due to doubt; hence the superimposed oath is likewise. But in money matters the principal oath is imposed for a positive claim only.');"><sup>3</sup></span>

Daf Shevui to Kiddushin

How do we know that a person can make another take an oath by extension even if he is not certain about that he owes him money? The answer is by comparison with the sotah oaths. The sotah oath is by its very nature a case of uncertainty. We do not know if the woman committed adultery or not. Nevertheless, she can be forced to take an oath and an oath by extension. So too in cases that occur outside the Temple—one can force another to take an oath by extension even in cases of uncertainty.
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