Bava Kamma 108B

הא נשבע ⁠– אף על פי ששילם; למי משלם? לבעל הפקדון.

but if he took an oath, even though he subsequently paid, to whom does the thief pay double payment? To the owner of the deposit.

רבא דייק מסיפא ⁠– נשבע ולא רצה לשלם. טעמא דלא רצה לשלם, הא שילם ⁠– אף על פי שנשבע; למי משלם? למי שהפקדון אצלו.

Rava inferred the halakha from the wording of the latter clause. It teaches: If the bailee took an oath and did not want to pay, the thief must pay the penalty to the owner of the deposit. Rava infers from here that the reason the thief pays the owner is specifically that he did not want to pay, but if he did pay, even though he took an oath previously, to whom does the thief pay double payment? To the one in whose possession the deposit was when it was lost.

לאביי, קשיא סיפא! אמר לך אביי, הכי קתני: נשבע, ולא רצה לשלם קודם השבועה אלא לאחר השבועה, למי משלם? לבעל הפקדון. לרבא, קשיא רישא! אמר לך רבא, הכי קתני: שילם, ולא רצה לעמוד בשבועתו אלא שילם, למי משלם? למי שהפקדון אצלו.

The Talmud notes: The inference from the latter clause is difficult for the opinion of Abaye. The Talmud explains. Abaye could have said to you: This is what the latter clause of the Mishnah is teaching: If the bailee took an oath and did not want to pay initially before taking the oath, but rather wanted to pay only after having taken the oath, in this case to whom does the thief pay double payment? To the owner of the deposit. Similarly, the Talmud notes: The inference from the first clause is difficult for the opinion of Rava. The Talmud explains. Rava could have said to you: This is what the first clause of the Mishnah is teaching: If he paid, meaning he had taken an oath and did not want to stand by his oath, but instead paid in order to nullify the oath he had taken, to whom does the thief pay double payment? To the one in whose possession the deposit was when it was lost.