Shevuot 37 – Lashes and/or Sacrifice for the Oath of Deposit?

Rav Kahana met three students from the Academy of Rabbah, when they were studying oaths, and asked them a question: “If one deliberately lied when taking an oath of deposit and he was warned by witnesses, what is the law?”

Normally, one gets lashes for willful transgressions and brings a sacrifice for mistakes. The oath of deposit is special, however, since one brings a sacrifice even for knowing violation of it. So then he is not lashed. Or maybe, he is not lashed when there was no warning, but if there was a warning, he is lashed? It could also be both.

They answered him based on a well-known ruling that the oath of deposit is more stringent than the oath of testimony – for one gets lashes for it. Therefore, they said, he gets lashes but does not bring a sacrifice.

When they related this to Rabbah, he said, “Incorrect question!” If the witnesses saw him accept the deposit, the claimant can have the deposit back based on their testimony, and his denial carries no weight – therefore, it is not a true oath of deposit anyway! But Rabbah was later proven incorrect.

Art: Paul Charles Chocarne-Moreau - The Spanking