Responsa for Shevuot 96:10
ואלו נשבעין: אטו בשופטני עסקינן הכי קאמר ואלו נשבעין שלא בטענת ברי אלא בטענת שמא השותפין והאריסין
Said Raba to him: What is the difference between 'my father did not instruct me etc.' and 'my brother did not instruct me etc.'?<span class="x" onmousemove="('comment',' The children of the lender take the oath: 'Our father did not instruct us that the bond is paid.' The brother would have to say, 'My brother did not instruct me, etc.' There is no difference; and since Rab and Samuel ruled that the lender could not bequeath the oath to his sons, they hold similarly that he cannot bequeath it to his brother.');"><sup>15</sup></span>
Teshuvot Maharam
Q. A claims that he and his friend gave B a horse to ride on, but that B unwarrantably gave the horse to a Gentile and the horse was lost. B avers that he does not recall the incident.
A. If A and B were partners, and A was engaged in managing some of the partnership money, even if the horse was lost through B's willful neglect, B would be free from obligation since the horse would thus have been lost "in the presence of its owner." Your letter indicates that A and B were partners. Nevertheless, if A suspects that B misappropriated the horse, he may demand that B deny such charge under oath. In general, A may demand at any time that B take the "partner's oath", and B may impose the same oath on A. However, if A and B are not partners, B must merely take an oath either to the effect that he did not take a horse from A, or that he does not recall having taken a horse from A, and be free from obligation.
SOURCES: Cr. 295.
A. If A and B were partners, and A was engaged in managing some of the partnership money, even if the horse was lost through B's willful neglect, B would be free from obligation since the horse would thus have been lost "in the presence of its owner." Your letter indicates that A and B were partners. Nevertheless, if A suspects that B misappropriated the horse, he may demand that B deny such charge under oath. In general, A may demand at any time that B take the "partner's oath", and B may impose the same oath on A. However, if A and B are not partners, B must merely take an oath either to the effect that he did not take a horse from A, or that he does not recall having taken a horse from A, and be free from obligation.
SOURCES: Cr. 295.
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