If he said to a shopkeeper, `give me fruit for a denar,` and he gave him, then the shopkeeper said to him, `give me the denar`; and he replied to him, `I gave it to you, and you placed it in the till,` the householder takes an oath. If he gave him the denar, and said to him, `give me the fruit,` and the shopkeeper says to him, `I have given it to you, and you took it to your house,` the shopkeeper takes an oath. R. Judah says: He who has the fruit in his possession. His hand is uppermost. If he said to a money-changer, `give me change for a denar,` and he gave him; and said to him, `give me the denar,` and the other said, `I have given it to you, and you placed it in the till,` the householder takes an oath. If he gave him the denar, and said to him, `give me the small change,` and the other said to him, `I have given it you, and you threw it in your purse,` the money-changer takes an oath. R. Judah says: it is not usual for a money-changer to give [even] an issar until he receives the denar. |
שבועות 7.6 |
Just as they have said that she who impairs her Kethubah cannot receive payment except on oath; and that if one witness testifies against her that it has been paid [in full], she cannot receive payment except on oath; and that from assigned property or orphans` property she cannot exact payment except on oath; and that if she claims not in his presence, she cannot receive payment except on oath; so, too, orphans cannot receive payment except on oath [namely]: `we swear that our father did not enjoin in his testament upon us, neither did our father say unto us, nor did we find [written] among the documents of our father that this document is paid.` R. Johanan b. Beroka says: even if the son was born after his father`s death he may take an oath, and receive his claim. R. Simeon b. Gamaliel says: if there are witnesses that the father said at the time of his death that this document was not paid, he receives [his claim] without an oath, |
שבועות 7.7 |
To subscribe
click here
To unsubscribe,
click here
To view our archived/previous mesechtos
click here
To learn about our program for Kitzur Shulchan Aruch Yomi
click here