Commentary for Shevuot 92:3

ולא אמרן אלא בדברים העשוין להשאיל ולהשכיר אבל דברים שאין עשוין להשאיל ולהשכיר נאמן דשלח רב הונא בר אבין דברים העשוין להשאיל ולהשכיר ואמר לקוחין הן בידי אינו נאמן כי הא דרבא אפיק זוגא דסרבלא וספרא דאגדתא מיתמי בדברים העשוין להשאיל ולהשכיר

for R'Huna B'Abin sent<span class="x" onmousemove="('comment',' From Palestine, v. B.B. 52b.');">⁹</span> [his decision that] in the case of articles which it is customary to lend hire out, and [the intruder] said, 'I bought them,' he is not believed; as in the case where Raba removed a pair of scissors for [cutting] cloth and a book of Aggada<span class="x" onmousemove="('comment',' Containing legendary matter and homiletic literature.');">¹⁰</span> from orphans - things which it is customary to lend and hire out.<span class="x" onmousemove="('comment',' The claimant brought witnesses who testified that the articles were his; and he maintained that he had lent them to the orphans' father. Raba decided in favour of the claimant (who, naturally, must take an oath that he did not give them or sell them to their father) . Since Raba decided thus, it is obvious that he holds that if the father had been alive and said he had bought them, he would not have been believed (for these are articles which it is customary to lend) , for had the father been believed, it would have been the duty of the Court, in his absence, to put forward the same plea on behalf of the orphans. The book, which the claimant said he had lent the father, happened to be Aggada, but the same rule applies to all books (v. Tosaf. ad loc.; but Rashi differs) .');">¹¹</span> Raba said: Even the caretaker may take the oath;<span class="x" onmousemove="('comment',' This refers to the Mishnah that if witnesses testify that an intruder entered another man's house and seized a pledge which he hid under his cloak (so that they could not distinguish what it was) the householder takes an oath that the article is his, and recovers it. Raba says that if the householder was absent when the intruder entered, but the caretaker was there, he takes the oath.');">¹²</span>

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