Shevuot 42 – When an Oath is Not Required

These are things regarding which one need not swear: slaves, notes of indebtedness, land, and consecrated property. Incidentally, for these things one is not liable to a twofold penalty for theft, nor to the fourfold and fivefold penalty for stealing, killing, and selling an animal.

An unpaid custodian, who ordinarily must swear that he was not negligent in guarding an object entrusted in his care, does not have to swear for these things. A paid custodian, who is ordinarily liable for theft, does not have to swear and does not pay for those things.

An oath requires a definite measure. For example, if one says, “I delivered a house full of produce to you for safekeeping,” or “a purse full of money,” and the guardian says, “I do not know how much you gave, but I am giving you back everything,” - he does not have to swear. However, if he says that the produce reached to the ceiling beam, and the guardian says that it only reached the window – the guardian has to swear due to his partial admission.

Art: John George Brown - Woman Seated At Window