Shevuot 40 – Claim Amounts for Oaths

We have learned previously that to warrant an oath, the amount in question must be at least two silver maot. However, is it the total amount of the claim, or the denied amount?

Rav says that it is the denied amount. For example, the total amount of the loan in dispute may be 10, and the defendant may agree that he owes 8, but deny the remaining 2. In contrast, Shmuel says that the claim itself must be for 2 maot. Then, if the defendant denies 1 perutah or admits one perutah, he is liable for an oath.

Rava said: “The precise reading of the ruling indicates the opinion of Rav, but the words of the Torah sound like the opinion of Shmuel.” The precise reading of the ruling seems to agree with Rav, because it says that the minimum amount of “the claim” must be 2 maot, but never mentions how much the denied amount should be, which means that by “claim” the ruling means “the denial”. The Torah, however, sounds closer to the opinion of Shmuel, when it says “this is it!” indicating that the amount of claim itself is important when it is 2 coins.

Art: G. Alluisetti - The Public Ministry of Finance