Quoting%20commentary for Bava Metzia 7:16

ורב ששת אמר הילך פטור מ"ט כיון דאמר ליה הילך הני זוזי דקא מודי בגוייהו כמאן דנקיט להו מלוה דמי באינך חמשים הא לא מודי הלכך ליכא הודאת מקצת הטענה

For what reason? Because [the offer implied in the words] 'Here they are' is like a 'partial admission' [which necessitates an oath]. And our Tanna teaches the same: TWO HOLD A GARMENT, etc., and although here each one holds [the garment], and we are witnesses that the part that each one holds is like the part of the debt which the defendant [in the other case] is ready to deliver, yet it says that he must swear! R. Shesheth, however, says that [the offer implied in the words] 'Here they are' relieves the debtor of the oath — For what reason? Because the declaration 'Here they are' made by the debtor enables us to regard those [fifty] <i>zuz</i>, which he has admitted to be owing, as if they were already in the hands of the creditor, while the remaining fifty [<i>zuz</i>] the debtor does not admit to be owing, and therefore there is no 'partial admission' [that necessitates an oath].

Explore quoting%20commentary for Bava Metzia 7:16. In-depth commentary and analysis from classical Jewish sources.