Reference for Shevuot 98:16

<br><br><big><strong>הדרן עלך ארבעה שומרין וסליקא לה מסכת שבועות</strong></big><br><br>

- It is necessary [for them to express their disagreement in the present instance too], for if they had told us [their disagreement] in that case, [we might have thought that] in that case Rab says [he is liable], because he swears of his own accord, but in this case, where the Court administer the oath to him,<span class="x" onmousemove="('comment',' He must perforce take an oath, if he wishes to free himself from payment. If he is an unpaid guardian, he takes an oath that he was not wilfully neglectful; if a paid guardian, he takes an oath that the animal died, or was forcibly taken from him by robbers, or injured.');">¹⁸</span> we might have thought that he agrees with Samuel;<span class="x" onmousemove="('comment',' That if he swore falsely, he is not liable to bring a sliding scale sacrifice, because he did not utter the oath of his own free will.');">¹⁹</span> as R'Ammi said, for R'Ammi said: In any oath which the Judges administer there is no liability in respect of the oath of utterance. And if [their disagreement] had been stated in this case, [we might have thought that] in this case Samuel says [he is exempt].<span class="x" onmousemove="('comment',' Because the court administered it.');">²⁰</span> but in that case we might have thought that he agrees with Rab,<span class="x" onmousemove="('comment',' That he is liable, because he swore of his own accord.');">²¹</span> therefore it is necessary [for their disagreement to be stated in both cases]. [To turn to the main] text: R'Ammi said: In any oath which the Judges administer there is no liability in respect of the oath of utterance, for it is said: Or if any one swear, uttering with the lips<span class="x" onmousemove="('comment',' Lev. V, 4; he brings a sliding scale sacrifice. hf');">²²</span> - of his own accord; as Resh Lakish said, for Resh Lakish said: ki is translatable by four expressions: 'if', 'perhaps', 'but', 'because'.<span class="x" onmousemove="('comment',' R. Ammi takes the conjunction in this verse (Lev. V, 4) to mean 'if': if any one swear, i.e., of his own accord; he need not swear, but if he does swear, he must bring a sliding scale sacrifice. Rab, however, takes ki here as meaning 'because': because he swears (whether of his own accord, or compelled by the court) , he must bring a sacrifice.');">²³</span> R'Eleazar says: They are all exempt from the oath of guardians, but are liable in respect of the oath of utterance,<span class="x" onmousemove="('comment',' He agrees with Rab.');">²⁴</span> except [in the case of the statement], 'I DO NOT KNOW WHAT YOU SAY, [made] by the borrower, and that of theft and loss, by the paid guardian and hirer, where they are liable,<span class="x" onmousemove="('comment',' For a guilt-offering, and do not bring a sliding scale sacrifice. R. Eleazar does not need to mention in his exceptions the case of an unpaid guardian who, after swearing that the animal was lost or stolen, confessed that he stole it himself, in which case he is exempted from a sliding scale sacrifice, for the Mishnah states clearly that he brings a guilt-offering; and it is obvious that he is therefore exempt from the sacrifice for the oath of utterance. ');">²⁵</span> for they denied money.

Explore reference for Shevuot 98:16. In-depth commentary and analysis from classical Jewish sources.