There was a certain man who died, and left a brother,<span class="x" onmousemove="('comment',' The lender died childless, and left a brother as his heir; the borrower had previously died, leaving children. The lender's brother now claims from the borrower's children.');"><sup>13</sup></span> Rami B'Hama thought of saying this is also a case where [the principle] 'we should not add to it' applies.<span class="x" onmousemove="('comment',' But that the brother should be allowed to take an oath and exact payment from the borrower's heirs, for Rab and Samuel said only the children of the lender could not take the oath in such circumstances. Let us not add the reservation also in regard to the brother of the lender,');"><sup>14</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].
Ask RabbiBookmarkShareCopy
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].