יד ואם
14 'I lent you a <i>sela'</i> on it and it was worth a <i>shekel</i>, whilst the other maintains, 'Not so; you did lend me a <i>sela'</i> on it, and it was worth three <i>denarii</i>;'<span class="x" onmousemove="('comment',' One sela' = 4 denarii. ');"><sup>13</sup></span> he is liable [to an oath].<span class="x" onmousemove="('comment',' Since there is partial admission of indebtedness. The Gemara discusses below the meaning of 'he.' ');"><sup>14</sup></span> [If the debtor pleads,] 'You did lend me a <i>sela'</i> on it, whilst it was worth two;' and the other replies, 'Not so: I lent you a <i>sela'</i> on it and it was worth a <i>sela'</i>;' he is free [from an oath].<span class="x" onmousemove="('comment',' V. n. 2 which applies here too, though the debtor is now the claimant. ');"><sup>15</sup></span> 'You did lend me a <i>sela'</i> on it and it was worth two,' whilst the other replies, 'Not so: I lent you a <i>sela'</i> on it and it was worth five <i>denarii</i>,' he is liable [to an oath]. Now, who must swear? He who has the bailment [i.e., the creditor], lest the other swear and then this one produce the bailment.<span class="x" onmousemove="('comment',' Because it is derogatory to the institution of the oath to swear when a matter may be practically proved (Tosaf.); Mishnah, Shebu. 43a. ');"><sup>16</sup></span> To what does this<span class="x" onmousemove="('comment',' The last passage in the cited Mishnah. ');"><sup>17</sup></span> refer? Shall we say, to the second clause; but that [the oath rests upon the creditor] follows from the fact that it is he who makes partial admission!<span class="x" onmousemove="('comment',' Why then state a different reason? ');"><sup>18</sup></span> — But, said Samuel, it refers to the first clause. How can it refer to the first clause?<span class="x" onmousemove="('comment',' Seeing that there no oath is taken. ');"><sup>19</sup></span> — He means the second subsection of the first clause, [viz.,] 'I lent you a <i>sela'</i> on it and it was worth a <i>shekel</i>,' whilst the other maintains, 'Not so: you did lend me a <i>sela'</i> on it, and it was worth three <i>denarii</i>:' he is liable [to an oath]. Now, the onus of the oath lies upon the debtor,<span class="x" onmousemove="('comment',' Since he is the defendant who makes partial admission. ');"><sup>20</sup></span> yet the Rabbis ordered that the creditor should swear, lest this one [sc. the debtor] swear and then the other produce the pledge. But if