Wednesday, August 4, 2010

Shevuot 38 – Court-Imposed Oaths: Partial Admission

Courts have limited authority to impose oaths and can do so in only three specific cases: partial admission, the oath of custodians, and the single-witness oath.

The first case, partial admission, has its own additional limitations. This oath can be imposed only if the claim is for at least two silver maot (a volume of 32 grains of barley, about $10) and the admission is at least a prutah coin (half a silver barleycorn, under 25 cents).

In addition, partial admission must be for the same kind. For example, if the plaintiff says, "You have two silver coins in my possession," and the defendant responds, "You have only one prutah coin in my possession," the defendant is free from an oath because the claim was for silver, and the admission was for copper.

Art: The Doubtful Coin by Thomas Waterman Wood

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