Commentary for Shevuot 93:13

אלא לאו דאמר ליה מנה לאבא ביד אביך אמר ליה חמשין ידענא וחמשין לא ידענא

I snatched it,' he is like a robber!<span class="x" onmousemove="('comment',' And is not believed on oath, v. B.B. (Sonc. ed.) p. 336 and notes.');">²⁴</span> - R'Abba said to him: He is liable to take an oath, and he cannot take the oath; and everyone who is liable to take an oath, and cannot take the oath, must pay.<span class="x" onmousemove="('comment',' Hence R. Abba holds that 'the oath returns to him upon whom it devolves'; and since he cannot take the oath, he pays.');">²⁵</span> Raba said: It is reasonable to agree with R'Abba, for R'Ammi learned: The oath of the Lord shall be between them both<span class="x" onmousemove="('comment',' Ex. XXII, 10.');">²⁶</span> - but not between the heirs. How is this [to be understood]? Shall we say, that he said to him: 'Your father owed my father a hundred zuz,' and the other replied to him: 'Fifty he owed him, but not the other fifty'; what is the difference between him and his father?<span class="x" onmousemove="('comment',' Since he definitely admits a portion, and definitely denies a portion, why should he not take the oath, as his father would have taken it?');">²⁷</span> But then, [it must mean] he said to him: 'Your father owed my father a hundred zuz,' and the other replied to him: 'Fifty I know, but the other fifty I do not know.'<span class="x" onmousemove="('comment',' He is exempt both from oath (for he cannot take an oath that his father does not owe it, since he is not sure about it) and from payment.');">²⁸</span>

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