אמר רב חמא השתא דלא איתמר הלכתא לא כרב ושמואל ולא כרבי אלעזר האי דיינא דעבד כרב ושמואל עבד דעבד כרבי אלעזר עבד
That which R'Papa said: He who impairs his bond, and died, his heirs swear the oath of heirs, and obtain payment.<span class="x" onmousemove="('comment',' If the holder of a bond admitted having received part payment, he cannot obtain the rest without an oath. If he dies, his heirs swear the oath of heirs, and obtain payment; and we do not, in this case, apply the ruling of Rab and Samuel that a man cannot bequeath an oath to his heirs.');"><sup>9</sup></span> There was a man who died, and left a guarantor.<span class="x" onmousemove="('comment',' One man lent money to another on a document, and a third person became a surety for the loan. The borrower died (so that the lender became liable for an oath) , then the lender died; and his heirs claimed from the surety.');"><sup>10</sup></span>
Tosefta Ketubot
The member of the house that they spoke about (in Mishnah Shevuot 7:8, where they list the types of people, inclduding those in the previous halakhah here who can be made to swear an oath even if there is no certain claim of lost money) is not someone who comes and goes, but one who brings in fruit and takes out fruit, one who hires labourers and dismisses labourers. One who gets a loan from [his fellow] on the 6th or 7th year, and in the 8th year is made for him a business partner or a tenant, is exempt [from being made to swear an oath related to his loan, but still can be made to swear an oath on his partnership or tenancy, because the 7th year annulled the loan and anything related to it]. But, if he is made for him a partner or tenant on the 6th or 7th year, and in the 8th year returns and takes a loan from him, they roll over him everything [i.e. he can be made to swear both oaths].
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Tosefta Ketubot
The member of the house that they spoke about (in Mishnah Shevuot 7:8, where they list the types of people, inclduding those in the previous halakhah here who can be made to swear an oath even if there is no certain claim of lost money) is not someone who comes and goes, but one who brings in fruit and takes out fruit, one who hires labourers and dismisses labourers. One who gets a loan from [his fellow] on the 6th or 7th year, and in the 8th year is made for him a business partner or a tenant, is exempt [from being made to swear an oath related to his loan, but still can be made to swear an oath on his partnership or tenancy, because the 7th year annulled the loan and anything related to it]. But, if he is made for him a partner or tenant on the 6th or 7th year, and in the 8th year returns and takes a loan from him, they roll over him everything [i.e. he can be made to swear both oaths].
