Shevuot 49 – Four Custodians Who Swear

Any of the four types of custodians may swear regarding the object he was keeping. Even if he swears falsely, he is not necessarily liable for a false oath.

If his oath would change his obligation from one liability to another, such as that the ox he borrowed died naturally, when actually it was captured, and in both of which cases he would be liable to pay, his oath changes nothing. If he confesses that he swore falsely, he does not have to bring the usual sacrifice nor pay one-fifth extra. The same would apply if he swore to change from one exemption to another, or from an exemption to a liability.

However, if he swears to change from liability to exemption but then confesses, he needs to bring a guilt offering and must add one-fifth to the amount.

Art: Oxen on the beach by Joaquin Sorolla y Bastida

Shevuot 48 – When Borrower Dies

When a lender dies, the money that he had loaned out belongs to his children. Before collecting, they must take an "oath of heirs," which states that to the best of their knowledge, the debt was not repaid.

However, as both Rav and Shmuel have stated, that is only true if the lender died first. If, on the other hand, the borrower died first, then the lender has to take a definite oath that the debt was not repaid. His children cannot take such a definite oath, but only to the best of their knowledge, and it is not sufficient. Thus, if their father dies, they cannot collect the money.

Rabbi Elazar in Israel disagreed, "Just because the lender's children cannot take the same oath as him, must they forfeit their father's debt?"

In practice, the ruling of Rav and Shmuel was followed, but, since there was not a definite decision either way, if a judge ruled in accordance with Rabbi Elazar, his ruling would also stand.

Art: A Child's Funeral by Luigi Nono

Shevuot 47 – One, Who Has to Take an Oath but Cannot, Pays

If the defendant has to take an oath, such as when he agrees that he owes half of the amount and has to swear about the other half, but cannot, because he once swore falsely, the oath is shifted to his opponent, the plaintiff. If, however, the plaintiff is also not trustworthy, then the rule is that "the oath returns to its place."

What does "the oath returns to its place" mean? The Teachers in Babylon, that is, Rav and Shmuel, say it means that the oath returns to Sinai, where it was stated, "do not steal." The courts do not get involved, and the one who is dishonest must fear Divine retribution.

The teacher in Israel, that is, Rabbi Abba, says that the oath returns to the one who was initially obligated to take it, in order to free himself from liability. And, since he cannot swear, he remains liable and has to pay.

Art: Anna Accused by Tobit of Stealing the Kid by Rembrandt Van Rijn

Shevuot 46 – Wage Dispute

If a craftsman says to his employer, "You stipulated to me a fee of two sela coins for this job," and the employer says, "I stipulated to you a fee of only one sela," - Shmuel said, "In that case the employer swears that he stipulated only one sela, and the craftsman looses the contested sela."

But why should this be so? Didn't we require the worker to swear about his wages in a similar case? The answer is that in this other case, the employer may have forgotten which worker he had already paid. However, in the case of a wage dispute, the employer certainly remembers the stipulation.

Art: Forest workers in the woods with saws by Jean-Francois Millet

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, suppose witnesses saw that someone entered another's domain whole and left injured. In that case, 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." Still, the workers say, "We did not take anything from the storekeeper," they both swear and collect the payment from the employer.

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

Shevuot 44 – Sages-Decreed Oaths

All who swear an oath decreed by the Torah swear to free themselves from liability. However, the Sages have decreed additional oaths, and as a result of taking these oaths, one swears and collects the money due to him. They include a hired worker, a victim of theft, a victim of assault, one whose opposing side is a suspect regarding oaths, and a storekeeper regarding that which is written in his ledger.

What is the case of a hired worker? If a hired worker tells his employer, "Pay me my wages!", and the employer says, "I already paid!", but the worker says, "I never received them" - the worker swears that he has not been paid and then collects the wages. This oath is because the employer has many workers and may think he has already paid that one.

Art: Iron Workers at Noontime by Thomas Pollock Anschutz

Shevuot 43 – Lender is Responsible for Collateral

If one lends his fellow money on collateral, he is considered a paid guardian of this collateral. Therefore, should the collateral be lost or stolen, the lender is liable for it. If the collateral was worth more than the loan, the lender must pay the balance to the borrower, and if it was worth less than the loan, the borrower pays the balance to the lender.

If the borrower claims that the collateral was worth the loan amount, and the lender says that it was less, the borrower is free from an oath, since there was no admission of partial liability. However, if the borrower says that he owes a balance, and the lender says that he owes a larger balance, the borrower has to swear.

Who swears as to the value of the collateral? The one in whose possession it was lost, or the lender. If the borrower were to swear and not be careful in assessing the value, and the lender would later produce the deposit, the borrower would be disqualified from taking oaths and from testifying in court. This would be unfair, so the Sages shifted the oath to the lender.

Art: Earth by Hans Thoma

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 regarding 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 the ceiling beam, and the guardian says it only reached the window, the guardian has to swear due to his partial admission.

Art: Woman Seated At Window by John George Brown

Shevuot 41 – A Borrower Would Not Outright Deny a Loan

If the plaintiff says, "You have a maneh ($5,000) of mine in your possession," and the defendant responds, "You do not have anything of yours in my possession," - the defendant is free from an oath, since there is no admission of partial liability.

The Torah assumes that no person would be so impudent as to deny a loan outright. After all, the lender did him a favor by loaning money interest-free (and other types of loans are anyway forbidden). When the borrower partially admits a loan, but partially denies it, this is just because he does not have all the money and plans to pay the balance later on. This is not right, however, and the Torah imposes an oath on him. But we cannot assume this in the case of complete denial.

Later, however, this situation changed, and the Sages established an “Oath of Forgetfulness” even for cases of complete denial. However, this Rabbinical oath is different in that it can be switched: if the defendant does not want to take an oath, the plaintiff can take one and collect the money.

Art: Forgotten Speech by Leopold Loeffler

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 Rav's opinion, 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 essential when it is 2 coins.

Art: The Public Ministry of Finance by G. Alluisetti

Shevuot 39 – Oaths Are Too Serious a Matter to be Administered

Since the punishment for violating a Biblical oath is very severe, Rashi writes that Jewish courts in his time refrained from asking the defendant to swear and instead placed a curse on any defendant who would lie.

If the defendant says, “I will not swear,” he is immediately excused from court, owes money, and does not come back to change his opinion. However, if he says, “I shall swear,” those standing there recite the phrase “Turn away from the tents of these wicked men.” Even the plaintiff is considered guilty for causing an oath, since he should not have dealt with an untrustworthy person.

The judges tell him, “You should know that the whole world trembled at the words 'Do not take the name of Hashem your God in vain'” And why is this? Because about a false oath it says, “God will not absolve.”

Art: H. de la Charlerie - King Louis XVI Swearing on the Book of the Constitution

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

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

Rav Kahana met three students from the Academy of Rabbah while 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?"

Usually, 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 is no warning, but if there is 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: The Spanking by Paul Charles Chocarne-Moreau

Shevuot 36 – Oath of Deposit

If a person in possession of someone else's money – either a deposit, a loan, a stolen article, or the like – swears that he does not have it, he has taken what is known as an oath of deposit. If he swore falsely and subsequently confesses his sin, he must repay the principal plus an additional fifth and bring a "guilt offering" sacrifice in the Temple.

Although this oath applies to all types of debts, not just deposits, it is nevertheless called the "oath of the deposit" because a deposit is the first example mentioned in the Torah.

The oath of deposit applies to both men and women, to non-relatives and relatives, to those who are qualified to serve as witnesses, and to those who are disqualified, in court and out of court.

In truth, there is no reason to think these rules would not apply, but they are only stated to contrast with the oath of witnesses discussed previously.

Art: Stolen Pleasures by George Baxter

Shevuot 35 – Various Verbiages of Oath

There are five cases when there is no liability for the false oath of testimony: where one testifies to a promise, not actual giving of money; where he adjures them to testify when they will know the testimony in the future; where he addressed himself to a whole group of people, without specifying the witnesses; where their testimony would be hearsay or otherwise invalid; where he sent his slave to adjure the witnesses, or if it was the defendant, not the claimant, who adjured them.

If one said, "I adjure you," "I command you," I bind you" (to testify) – the witnesses are liable.

If they swore by heaven and earth, then they are not liable. However, if they swore by "Lord," by the Tetragrammaton, by the "Lord of Hosts," "Compassionate," "Merciful," "Slow to Anger," "Abundantly Kind," or by any of the subordinate Names of God, they are liable.

Art: A Group Of Artists by Jules Alexandre Grun

Shevuot 34 – Why Can Oath of Testimony Be Only About Money?

Here are three (of five) explanations why this is so.

Rabbi Eliezer:

In the verse about the oath of testimony, the word "or" is stated two times, and in the verse about the oath of deposit, the word "or" is also stated two times. This establishes the connection between the two, and just as the oath of deposits speaks only of monetary claims, so too does the oath of testimony speak only of monetary claims.

Rabbi Akiva:

In the phrase, "When one shall become guilty regarding one of these matters," the word "of" is a limitation, meaning that there are cases when one is liable and cases when one is not, and when is one liable? - in money matters!

Rabbi Yose HaGlili:

"...and he is a witness who either saw or knew." Which testimony can be established by either seeing or knowing alone? - in money matters!

Art: John Mowbray with his money agent by Thomas Hickey

Shevuot 33 – Oath of Testimony Must Be About Money

In all the following cases, one is not liable for a false oath of testimony.

A claimant told two witnesses, "I adjure you to come and testify that I am a Kohen" - because this is not a monetary claim. Or he said "that I am a Levi," "that so-and-so is a Kohen," or "that so-and-so is a Levi."

If he said, "That so-and-so raped another man's daughter" or "seduced another man's daughter." Although the rapist must pay damages and the fifty-shekel fine, and the claim is monetary, but in order to be liable, the witnesses need to be adjured by the claimant himself, to whom the rapist is to pay, not by another person.

"That he ignited my stack of grain on the Sabbath," - since desecration of the Sabbath is punishable by death, this frees one from monetary liability even when he is not executed.

Art: Wheat Stacks With Reaper by Vincent Van Gogh

Shevuot 32 – Multiple Oaths

If one adjured the witnesses five times outside the court, and they denied knowing the testimony, and then they came to court and admitted that they did know the testimony, they are not liable at all. A denial issued outside a court is not legally significant. However, if they denied knowing testimony in court, they are liable for each and every time they were adjured. Their single denial applies to each adjuration separately; thus, they are liable to bring five offerings.

If he adjured them five times, this time in court, and they denied knowing testimony in court, they are liable for only one oath. Rabbi Shimon explained, "Why? Because, after denying knowledge of the testimony in court, they cannot retract and confess that they do know the testimony." Their denial in court of knowing testimony is itself treated as testimony, and the rule is that once witnesses give testimony in court, they can never retract or alter that testimony. Therefore, for the last four oaths, they are no longer eligible to give testimony.

Art: Justice Lemuel Shaw by William Morris Hunt

Shevuot 31 – Mnemonic: Defense, Ignoramus, Theft, Deceit

Occasionally the Talmud puts in mnemonics for those who are committing it to memory. They are also keys to a deeper meaning. This mnemonic is for the four of the thirteen teachings that can be derived from the phrase “Distance yourself from falsehood,” and here they are

* A judge should not defend his opinion about which he has doubts, merely to avoid embarrassment;
* He should not have an ignorant student assist him in judgment;
* He should not join another judge whom he knows to be a thief;
* If he has discerned that the witnesses are lying, he should not continue to judge, internally putting the blame on the witnesses;
* A student assisting a judge who sees an argument in favor of a poor man should not be silent about it;
* If a student sees his teacher making a mistake, he should not wait till the teacher concludes the judgment, for the student to demolish it and get honor;
* If a teacher tells his student “You know me, I won't lie. Someone owes me a maneh ($5,000), but I have only one witness – please be the second one” - the student should not be a witness;
* Six more...

Art: Andre Collin - Poor People

Shevuot 30 – The Oath of Testimony

The oath of testimony concerns witnesses who know the testimony that a litigant needs to win a monetary case. If the litigant asks them to testify and they falsely swear that they do not know the testimony, they are liable to bring a "variable" offering when they admit that they lied. If the litigant has other means to win the case or has other witnesses, the liability for false oath does not apply.

In addition to making a personal oath, one can answer “Amen” to someone saying, “I adjure you. " This also becomes an oath, as if he said it himself. In the case of the oath of testimony, if one repeats in court that he does not know the testimony after being adjured, this also becomes an oath.

Art: The Court Oath by Louis Charles Auguste Couder