Shevuot 45 – Sages-Decreed Oaths – Continued

In what circumstances does the victim of a theft swear and collect? The witnesses saw a creditor who entered the debtor's house to take something as security from him, without his permission. That is prohibited by the Torah, and one who takes collateral forcefully is considered a thief. The creditor then left with unidentified utensils under his cloak. The debtor can swear and collect his utensils. Of course, this law also applies to a full-fledged thief.

Similarly, if witnesses saw that someone entered another's domain whole and left injured, then since it is improbable that the victim would self-inflict those injuries, he can swear and collect damages.

What is the case of a storekeeper with his ledger? If an employer tells the storekeeper, “Give my workers two selah in small change,” and the shopkeeper says, “It is written in my ledger that I gave as you instructed,” but the workers say, “We did not take anything from the storekeeper,” they both swear and collect the payment from the employer.

Art: John Frederick Peto - The Poor Man's Store