Mesorat%20hashas for Bava Kamma 211:6

יתיב רב נחמן וקאמר להא שמעתא איתיביה רב אחא בר מניומי לרב נחמן היכן פקדוני א"ל אבד משביעך אני ואמר אמן והעדים מעידים אותו שאכלו משלם את הקרן הודה מעצמו משלם קרן וחומש ואשם

To return to a previous theme: 'R. Huna said that Rab stated [that where one said to another]. "You have a <i>maneh</i> of mine" and the other rejoined. "I have nothing of yours" and confirmed it by an oath and subsequently witnesses came forward [and proved the defendant to have perjured himself] he would be exempt as it is stated: <i>And the owner thereof shall accept it and he shall not make restitution,</i> implying that wherever the plaintiff accepted an oath, the defendant could no more be made liable to pay money.' Raba thereupon said: We should naturally suppose that the statement of Rab is meant to apply to the case of a loan where the money was given to be spent,<span class="x" onmousemove="('comment',' And no special act to transfer ownership and possession is necessary. ');">¹⁰</span> but not to a deposit which always remains in the possession of the owner.<span class="x" onmousemove="('comment',' Even while in the hands of the bailee, in which case an act of conveyance is necessary, which could hardly he done by an oath. ');">¹¹</span>

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