Shevuot 92

ואמר לקוחין הן בידי אינו נאמן ולא אמרן אלא בעל הבית שאינו עשוי למכור כליו אבל בעל הבית העשוי למכור את כליו נאמן ושאין עשוי למכור את כליו נמי לא אמרן אלא דברים שאין דרכן להטמין אבל דברים שדרכן להטמין נאמן

and said, 'I bought them,'<span class="x" onmousemove="('comment',' And the householder said he lent them to him.');">¹</span> he is not believed.<span class="x" onmousemove="('comment',' The intruder is not believed, even if he desires to take an oath; but the householder takes a consuetudinary oath that he did not sell them or give them to him, and recovers the articles; v. Maim., Yad, To'en we-Nite'am, IX, 4.');">²</span> And we do not say this, except in the case of a householder who does not usually sell his [household] articles; but in the case of a householder who sometimes sells his articles, he is believed.<span class="x" onmousemove="('comment',' The intruder is believed (with a consuetudinary oath) that he bought them.');">³</span> And [in the case of a householder] who does not usually sell his household articles we also do not say [that the intruder is not believed] except [with regard to] articles it is not usual to hide,<span class="x" onmousemove="('comment',' Articles which one is not ashamed to carry openly in the street. This person hid them, apparently because he was ashamed to have to borrow them; if he had really bought them, as he states, he would not have been ashamed to carry them openly.');">⁴</span>

ושאין דרכן להטמין נמי לא אמרן אלא איניש דלא צניע אבל איניש דצניע היינו אורחיה ולא אמרן אלא זה אומר שאולין וזה אומר לקוחין אבל בגנובין לאו כל כמיני' לאחזוקי איניש בגנבי לא מחזקינן

but [with regard to] articles which it is usual to hide, he is believed.<span class="x" onmousemove="('comment',' That he bought them; and though this householder does not usually sell his household goods, he may have been in need of money on this occasion.');">⁵</span> And [with regard to articles] which it is not usual to hide we also do not say [that he is not believed] except if he is a man who is not decorous, but [in the case of] a decorous man, that is his way.<span class="x" onmousemove="('comment',' And he is believed that he bought them, though he carries them hidden under his cloak (and they are articles which other men would carry openly) .');">⁶</span> And we do not say [that he is not believed] except when the householder says he lent them, and the other says he bought them, but [if the householder says the other] stole them, it is not at all in the householder's power [to say so], for we do not assuredly presume a man to be a robber.<span class="x" onmousemove="('comment',' And the intruder is believed that he bought them, even if he is not a decorous man who always carries articles hidden under his cloak.');">⁷</span> And we do not say [that the intruder is not believed] except in the case of articles which it is customary to lend or hire out, but in the case of articles which it is not customary to lend or hire out, he is believed;<span class="x" onmousemove="('comment',' When he says he bought them.');">⁸</span>

ולא אמרן אלא בדברים העשוין להשאיל ולהשכיר אבל דברים שאין עשוין להשאיל ולהשכיר נאמן דשלח רב הונא בר אבין דברים העשוין להשאיל ולהשכיר ואמר לקוחין הן בידי אינו נאמן כי הא דרבא אפיק זוגא דסרבלא וספרא דאגדתא מיתמי בדברים העשוין להשאיל ולהשכיר

for R'Huna B'Abin sent<span class="x" onmousemove="('comment',' From Palestine, v. B.B. 52b.');">⁹</span> [his decision that] in the case of articles which it is customary to lend hire out, and [the intruder] said, 'I bought them,' he is not believed; as in the case where Raba removed a pair of scissors for [cutting] cloth and a book of Aggada<span class="x" onmousemove="('comment',' Containing legendary matter and homiletic literature.');">¹⁰</span> from orphans - things which it is customary to lend and hire out.<span class="x" onmousemove="('comment',' The claimant brought witnesses who testified that the articles were his; and he maintained that he had lent them to the orphans' father. Raba decided in favour of the claimant (who, naturally, must take an oath that he did not give them or sell them to their father) . Since Raba decided thus, it is obvious that he holds that if the father had been alive and said he had bought them, he would not have been believed (for these are articles which it is customary to lend) , for had the father been believed, it would have been the duty of the Court, in his absence, to put forward the same plea on behalf of the orphans. The book, which the claimant said he had lent the father, happened to be Aggada, but the same rule applies to all books (v. Tosaf. ad loc.; but Rashi differs) .');">¹¹</span> Raba said: Even the caretaker may take the oath;<span class="x" onmousemove="('comment',' This refers to the Mishnah that if witnesses testify that an intruder entered another man's house and seized a pledge which he hid under his cloak (so that they could not distinguish what it was) the householder takes an oath that the article is his, and recovers it. Raba says that if the householder was absent when the intruder entered, but the caretaker was there, he takes the oath.');">¹²</span>

אמר רבא אפילו שומר נשבע אפי' אשתו של שומר נשבעת בעי רב פפא שכירו ולקיטו מאי תיקו

and even the caretaker's wife may take the oath. R'Papa inquired: In the case of his hired labourer or retainer,<span class="x" onmousemove="('comment',' Upon whom the duty of minding the house does not devolve.');">¹³</span> what is the ruling?<span class="x" onmousemove="('comment',' Do they take the oath in the householder's absence?');">¹⁴</span> - Let it stand.<span class="x" onmousemove="('comment',' It remains unsolved.');">¹⁵</span>

אמר ליה רב יימר לרב אשי טענו בכסא דכספא מאי חזינא אי איניש דאמיד הוא או איניש דמהימן הוא דמפקדי אינשי גביה משתבע ושקיל ואי לא לא:

R'Yemar said to R'Ashi: if he claimed from him a silver goblet, what is the ruling?<span class="x" onmousemove="('comment',' If the householder claimed from the intruder a valuable object, is he also believed on oath?');">¹⁶</span> - [He replied:] We see, if he is a man reputed to be wealthy,<span class="x" onmousemove="('comment',' Who is known to have in his home similar objects of value.');">¹⁷</span> or a man who is trustworthy so that people deposit [articles] with him,<span class="x" onmousemove="('comment',' And he states that the silver goblet had been deposited with him by another person.');">¹⁸</span> he takes an oath and recovers [the goblet], but if not, he does not.'

נחבל כיצד: אמר רב יהודה אמר שמואל לא שנו אלא במקום שיכול לחבל בעצמו אבל במקום שאינו יכול לחבל בעצמו נוטל שלא בשבועה

HE WHO WAS WOUNDED,' - HOW? Rab Judah said that Samuel said: They did not teach it,<span class="x" onmousemove="('comment',' In the Mishnah that the injured person takes an oath that the other had inflicted upon him the wound which he exhibits.');">¹⁹</span> except [if the wound were] in a spot where he could have inflicted it himself,<span class="x" onmousemove="('comment',' Therefore an oath is necessary that the other did it.');">²⁰</span> but if it is in a spot where he could not have inflicted it himself, he receives [compensation] without an oath.<span class="x" onmousemove="('comment',' For witnesses testified that he entered the other's premises whole, and came out injured.');">²¹</span>

וניחוש דלמא בכותל נתחכך תני רבי חייא שעלתה לו נשיכה בגבו ובין אצילי ידיו ודלמא אחר עביד ליה דליכא אחר:

But let us take into consideration that perhaps he rubbed himself against a wall!<span class="x" onmousemove="('comment',' And injured himself; why should he receive compensation from the other without an oath?');">²²</span> - R'Hiyya taught [that the Mishnah deals with a case] where a bite appeared on his back or between his arm-pits.<span class="x" onmousemove="('comment',' Or in the elbow joint, which could not have been caused by rubbing against a wall.');">²³</span> But perhaps someone else did it to him?<span class="x" onmousemove="('comment',' Why should he obtain compensation, without an oath, from the householder? Perhaps another person in the house injured him.');">²⁴</span> - There was no other.'

וכשנגדו חשוד [וכו'] ואפי' שבועת שוא: מאי אפילו שבועת שוא

AND HE WHOSE OPPONENT IS SUSPECTED OF SWEARING FALSELY. AND EVEN A VAIN OATH.' What is meant by EVEN A VAIN OATH? '<span class="x" onmousemove="('comment',' Why 'EVEN'?');">²⁵</span> - He<span class="x" onmousemove="('comment',' The Tanna of our MISHNAH:');">²⁶</span>

לא מיבעיא קאמר לא מיבעיא הנך דאית בהו כפירת ממון אלא אפילו הא נמי דכפירת דברים בעלמא הוא לא מהימן

states a case of 'not only': not only [if he is guilty] in these<span class="x" onmousemove="('comment',' Having sworn falsely in a case involving an oath of testimony or of deposit.');">²⁷</span> where there is a denial of money, but even in this<span class="x" onmousemove="('comment',' Taking a vain oath, e.g., swearing that a pillar of stone is gold.');">²⁸</span> also which is merely a denial of words,<span class="x" onmousemove="('comment',' Denial (i.e., false statement) involving words only.');">²⁹</span> he is no longer believed [on oath].

וליתני נמי שבועת בטוי כי קתני שבועה דכי קא משתבע בשקרא קא משתבע אבל שבועת בטוי דאיכא למימר דבקושטא קא משתבע לא קתני

Let him<span class="x" onmousemove="('comment',' The Tanna of our MISHNAH:');">²⁶</span> mention also the oath of utterance. - He mentions only such an oath that at the time of swearing he swears falsely; but the oath of utterance, where it is possible to say that he is swearing the truth,<span class="x" onmousemove="('comment',' E.g., he swears 'I shall not eat this loaf'; at the moment of swearing he may intend to fulfil it; even if later he is overcome by temptation, and eats it, he should not thereby be accounted untrustworthy and debarred from taking an oath in a money claim.');">³⁰</span> he does not mention.

תינח אוכל ולא אוכל אכלתי ולא אכלתי מאי איכא למימר תנא שבועת שוא

Granted, in the case of 'I shall eat,' or, shall not eat';<span class="x" onmousemove="('comment',' It is possible that at the moment of swearing he intends to fulfil them.');">³¹</span> but in the case of 'I have eaten,' or, 'I have not eaten,'<span class="x" onmousemove="('comment',' Where, at the moment of swearing, he knew he was swearing falsely.');">³²</span> what shall we say?<span class="x" onmousemove="('comment',' Why should not the Mishnah mention that in such a case, too, he is no longer believed on oath, and his opponent is given the oath.');">³³</span> - He<span class="x" onmousemove="('comment',' The Tanna of our MISHNAH:');">²⁶</span> mentions vain oath