Commentary for Shevuot 91:16

אמר רב יהודה ראוהו שהטמין כלים תחת כנפיו ויצא

And the Rabbis hold even in [an oath imposed by] the Rabbis we also institute an enactment in favour of the hired labourer; but [in the case of a dispute about] the amount stipulated, this the employer remembers.<span class="x" onmousemove="('comment',' And we do not say, because he is busy with his labourers, he forgets; therefore in this case the oath is not transferred to the labourer. Hence, it is in fact true that R. Judah is sometimes more stringent (even when the Sages are more lenient, as in the case where there is no partial admission) , and sometimes the Sages are more stringent (even where R. Judah is more lenient, as in the case where the dispute is about the amount stipulated) : the reason is because these cases depend upon different principles. Thus the ruling that the labourer takes the oath in the case of dispute about the amount is R. Judah's view, and not that of the Sages; and Rabbah b. Samuel agrees with the Sages.');">³²</span> 'HE WHO WAS ROBBED,' - HOW? IF THEY TESTIFIED AGAINST HIM THAT HE ENTERED HIS HOUSE TO SEIZE HIS PLEDGE, etc. But perhaps he did not seize his pledge.<span class="x" onmousemove="('comment',' The witnesses merely say that he entered the house to seize the pledge, but they did not see him take it. Why, then, should the householder he permitted to take an oath, and claim the vessels?');">³³</span> Did not R'Nahman say: If one held an axe in his hand, and said, 'I am going to cut down the palm-tree of So-and-so,' and it was found cut and cast [on the ground], we do not say that he cut it down?<span class="x" onmousemove="('comment',' Though the evidence against him is strong; but we must have definite evidence before we can make him pay for the damage.');">³⁴</span> Hence, a man often boasts, but does not fulfil; here also [perhaps] he boasted, and did not fulfil! - Read:<span class="x" onmousemove="('comment',' In the MISHNAH:');">³⁵</span> 'And seized his pledge.' - Then let us see what pledge he seized!<span class="x" onmousemove="('comment',' If the witnesses testify that they actually saw him seize the pledge, they can give evidence and state what the pledge was. What need, then, is there for the householder to take an oath?');">³⁶</span> - Rabbah B'Bar Hanah said that R'Johanan said: He claimed from him vessels which may be taken under his garments.<span class="x" onmousemove="('comment',' The householder claims that he took from him small articles which could easily be hidden under his coat; and though the witnesses saw that he took something, they could not see exactly what it was; therefore the householder takes an oath.');">³⁷</span> Rab Judah said: If they saw him hiding articles under his garments,<span class="x" onmousemove="('comment',' If witnesses saw a man entering another man's house, and hide some articles under his coat, and come out.');">³⁸</span> and he came out,

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