The oath of deposit how? He said to him: `give me my deposit which I have in thy possession.` [the other replied:] `I swear that thou hast not [anything] in my possession`; or he replied to him; `thou hast not [anything] in my possession,` [and the depositor said:] `I adjure thee.` and he responded, `Amen!`; He is liable. If he adjured him five times, whether before the Beth Din or not before the Beth Din, and he denied, he is liable for each one. R. Simeon said: what is the reason? Because he can retract and admit. |
שבועות 5.2 |
If five claimed from him, and said to him: `give us the deposit that we have in thy possession,` [and he replied:] `I swear that you have not [anything] in my possession,` He is liable only once. [If he said:] `I swear that thou hast not in my possession, nor thou, nor thou,` He is liable for each one. R. Eliezer says: only if he says, `I swear` at the end. R. Simeon says: only if he says, `I swear` to each one. `give me the deposit, loan, theft, and lost object that I have in thy possession.` `I swear that thou hast not [these] in my possession,` He is liable only once. `I swear that thou hast not in my possession deposit, loan, theft, and lost object,` He is liable for each one. `give me the wheat, barley, and spelt that I have in thy possession.` `I swear that thou hast not [these] in my possession,` He is liable only once. `I swear that thou hast not in my possession wheat, barley, and spelt,` He is liable for each one. R. Meir said: even if he said, `... a grain of wheat, barley and spelt,` He is liable for each one. |
שבועות 5.3 |
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