Commentary for Kiddushin 86:5

אלא לעולם קסבר המלוה את חבירו בעדים א"צ לפורעו בעדים ומגו דיכלי למימר אהדרינהו ללוה יכולין למימר פרעניה למלוה

Now, however, that the Rabbis have instituted an oath of equity,<span class="x" onmousemove="('comment',' Lit., 'oath of inducement', v. B.M. (Sonc. ed.) p. 20 n. 4. By Biblical law, one must take an oath in respect of a rejected claim only if he partially admits it, but not if he entirely denies it. Hence, when the debtor pleads that he entrusted the money to two in the absence of witnesses, and they maintain that they returned it, thus altogether rejecting his claim, they are not liable to an oath. But the Rabbis imposed an oath even then: this is called an oath of equity.');">⁷</span> these witnesses [sc. the agents] must swear that they repaid him [the creditor], the creditor swears that he did not receive it [the repayment], and the debtor must repay the creditor.<span class="x" onmousemove="('comment',' Notwithstanding the witnesses' oath. For the creditor can plead: 'I lent the money to the debtor, and thereby expressed my willingness to abide by his oath that he repaid me. But I cannot be forced to accept the oath of other persons.' The witnesses, on the other hand, cannot simply testify that they repaid the creditor, without swearing, because if they maintained that they had returned the money to the debtor, they would have to swear an oath of equity, and so become interested witnesses.');">⁸</span> A MAN MAY GIVE HIS DAUGHTER [etc.].

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