Responsa for Shevuot 61:19

ורבנן סברי דון מינה ואוקי באתרה מה פקדון מושבע מפי עצמו חייב אף עדות מושבע מפי עצמו חייב ואוקי באתרה מה מושבע מפי אחרים בבית דין אין שלא בבית דין לא אף מושבע מפי עצמו בבית דין אין שלא בבית דין לא

and R'Aha B'Jacob said, it excludes a dice player.<span class="x" onmousemove="('comment',' A gambler, since he is willing to retain money won by him which is not really his, is disqualified by the Sages from being a witness. The xnj sg Torah disqualifies only (Ex. XXIII, 1) . 'a witness of violence', i.e., who has been guilty of robbery by violence.');">²⁰</span> He who says [it excludes] a dice player certainly [holds it excludes] a king;<span class="x" onmousemove="('comment',' For a dice player is disqualified only by the Sages, whereas a king is disqualified by the Torah.');">²¹</span> but he who says [it excludes] a king [holds it does not exclude] a dice player, for he is fit [to be a witness] according to Holy Writ, and it is the Rabbis wh have disqualified him.<span class="x" onmousemove="('comment',' And, therefore, though we do not accept him as a witness owing to the Sages' disqualification, the oath of testimony applies in his case, for, according to the Torah, he may be a witness.');">²²</span> BEFORE THE BETH DIN OR NOT BEFORE THE BETH DIN, etc. In what do they disagree?<span class="x" onmousemove="('comment',' R. Meir and the Sages, in the Mishnah; i.e., on what principle do they differ? vua vrzd');">²³</span> - Said the Scholars to R'Papa: They disagree [as to whether we say,] 'deduce from it, and [entirely] from it'; or, 'deduce from it, and establish it in its own place'.<span class="x" onmousemove="('comment',' Where Holy Writ does not explicitly state the law concerning a certain subject, and it is necessary to deduce it by from another subject concerning which Holy Writ states the law explicitly, we may either deduce one from the other entirely (i.e liken the unexplained subject to the explained subject in every respect) , or deduce only one point, and, as for the rest, leave the unexplained subject in its own place, i.e., leave it to be governed by the rules which govern other aspects of it. vua vrzd tyj,');">²⁴</span> R'Meir holds, 'deduce from it, and [entirely] from it'.' Deduce from it':<span class="x" onmousemove="('comment',' [Adopting reading of MS.M.] By : in the case of a deposit it is said if any one sin (Lev. V, 21) , and in the case of the oath tyj, of testimony it is also said (Lev. V, 1) .');">²⁵</span> just as [in the case of] a deposit, if he swears of his own accord,<span class="x" onmousemove="('comment',' Lev. V, 24: about which he hath sworn falsely (i.e., of his own accord) . vua vrzd');">²⁶</span> he is liable, so [in the case of testimony, if he swears of his own accord, he is liable;<span class="x" onmousemove="('comment',' Though Holy Writ does not specifically say so, but we deduce it by from the case of a deposit.');">²⁷</span> 'and [entirely] from it' - just as [in the case of] deposit [he is liable] whether [he utters the oath] before the Beth Din or not before the Beth Din,<span class="x" onmousemove="('comment',' For Holy Writ says: and sweareth falsely (Lev. V, 22) - wherever he swears falsely, not necessarily before the Beth Din.');">²⁸</span> so [in the case of] testimony [he is liable] whether [he utters the oath] before the Beth Din or not before the Beth Din. And the Rabbis<span class="x" onmousemove="('comment',' The Sages.');">²⁹</span> hold, 'deduce from it, and establish it in its own place': 'Deduce from it:'<span class="x" onmousemove="('comment',' V. p. 173, n. 8.');">³⁰</span> just as [in the case of] a deposit, if he swears of his own accord, he is liable, so [in the case of] testimony, if he swears of own accord, he is liable; 'and establish it in its own place': just as when adjured by others, [he is liable onl if he swears] before the Beth Din,<span class="x" onmousemove="('comment',' Lev. V, 1: he heareth the voice of adjuration . . if he tell it not, then he shall bear his iniquity - in the place where, if he had told it (i.e., g his testimony) , it would have been effective, i.e., before the Beth Din.');">³¹</span> but not [if he swears] not before the Beth Din, so if he swears of his own accord, before the Beth Din he is liable, but if not before the Beth Din he is not liable.

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