Shevuot 44: Lost Securities; Collecting from Rabbinic Oaths

We begin with the rabbi's continued discussion of securities that have been lost.  They discuss securities that are worth as much as the loan itself.  We learn about Rabbi Yitzhak's law: when a lender acquires a security, to him it will be tzedaka.  If the security is tzedaka, then halachot apply to whether/when it can be given to another.

We begin the last Perek of Masechet Shevuot.  The Mishna says that when one is forced to swear about Torah proofs, it is to avoid paying.  Workers, victims of theft, those wounded, one who claims from a defendant who is disqualified from swearing, and a grocer swearing about his ledger - all of these take an oath on rabbinic, not Torah oath, and still collect.  

If at the end of a day that he worked, a worker claims that he was not paid and his employer says that he paid him, the worker swears and collects.  Rabbi Yehuda says that this only happens if there is a partial admission: if the worker claims wages of 50 dinars but the employer claims that there are only 2 dinars in payment. 

If witnesses testify that one entered another's home without permission to take a security and the owner accuses one of taking an item, the owner must swear how much was taken.  He will collect.  A partial admission might also happen when one claims that two kelim were taken and the the other says he took only one. 

Another case describes witnesses testifying that one was unbruised when he entered but bruised when he left a home.  He accused the owner of wounding him and he denied it.  In this case, if one swears that the other wounded him, he can collect damages.

Finally, our Mishna teaches more about Rabbi Yehuda.  He says that if one swears and collects only if the owner at least partially admits guilt.  For example, he would have to claim that he wounded the person only once when the other claims that he was wounded twice.