Talmud Bavli
Talmud Bavli

Commentary for Nedarim 49:2

ועל דעתא דנפשיה לא עביד איניש דמשתבע והתניא כשהן משביעין אותו אומרים לו הוי יודע שלא על תנאי שבלבך אנו משביעין אותך אלא על דעתינו ועל דעת בית דין לאפוקי מאי לאו לאפוקי דאסיק להו לאיסקונדרי ואסיק להון שמא זוזי

and the mind of the Court.' Now, what does this exclude? Surely the case of one who gave [his creditor] checkers [tokens in game] and [mentally] dubbed them coins; and since he is admonished, 'according to our intention,' it follows that [otherwise] one may swear in his own sense? — No. It excludes such an incident as Raba's cane. A man with a monetary claim upon his neighbour once came before Raba, demanding of the debtor, 'Come and pay me.' 'I have repaid you,' pleaded he. 'If so,' said Raba to him, 'go and swear to him that you have repaid.' Thereupon he went and brought a [hollow] cane, placed the money therein, and came before the Court, walking and leaning on it. [Before swearing] he said to the plaintiff: 'Hold the cane in your hand'. He then took a scroll of the Law and swore that he had repaid him all that he [the creditor] held in his hand.<span class="x" onmousemove="('comment',' In his (the debtor's) possession i.e., all that he claimed of him. ');"><sup>2</sup></span>

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