Mesorat%20hashas for Shevuot 64:12

לא צריכא כגון שכפרו שניהן וחזר אחד מהן והודה בתוך כדי דיבור והא קא משמע לן דתוך כדי דיבור כדיבור דמי

R'Abba said to him: He is bound to take an oath,<span class="x" onmousemove="('comment',' He cannot keep it by saying, 'it is mine', for there is a witness that he snatched it from some one else; and property is always presumed to belong to the one in whose possession it has been (unless there is definite proof to the contrary) . He must therefore take an oath to deny the statement of the witness. This he cannot do, for he admits that he snatched it (agreeing with the witness) , and since he cannot swear, he must return it; v. B.B. (Sonc. ed.) p. 156 and notes.');">¹⁰</span> and he cannot swear; and anyone who is bound to take an oath, and cannot swear, pays.<span class="x" onmousemove="('comment',' The witness, therefore, if he had withheld his evidence, would have deprived the man of his bar of silver; therefore all agree that he must bring an offering for his false oath in such circumstances.');">¹¹</span>

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