Study Gittin folio 51B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
הוא דאמר, כרבי אליעזר בן יעקב – דתניא, רבי אליעזר בן יעקב אומר: פעמים שאדם נשבע על טענת עצמו. כיצד? ״מנה לאביך בידי, והאכלתיו פרס״ – הרי זה נשבע. וזה הוא שנשבע על טענת עצמו.
The Talmud answers: R' Yitzḥak stated his opinion in accordance with the opinion of R' Eliezer ben Ya’akov, as it is taught in a baraita (Tosefta, Shevuot 5:10) that R' Eliezer ben Ya’akov says: There are times when a person takes an oath about his own claim. How so? One says to another: 100 dinars of your deceased father’s was in my possession, as I had borrowed that sum from him. And I already paid him part [peras] of it, but I still owe you 50 dinars. In this case, he is not believed unless he takes an oath that he repaid the half, like anyone who admits to part of a claim. And this is an example of a case where one takes an oath about his own claim. Although nobody has claimed anything from him, he still takes an oath on the basis of his own statement.
וחכמים אומרים: אינו אלא כמשיב אבידה, ופטור.
But the Rabbis say: In such a case, the borrower is regarded only as someone who is returning a lost item, and therefore he is exempt from an oath. R' Yitzḥak’s position is similar to that of R' Eliezer ben Ya’akov. Since the finder says that he found only half of what the owner claims was lost, he is treated like someone who admits to part of a claim and therefore takes an oath.
ורבי אליעזר בן יעקב – לית ליה: ״משיב אבידה – פטור״?! אמר רב: בטוענו קטן.
The Talmud asks: But does R' Eliezer ben Ya’akov not maintain that someone who returns a lost item is exempt from an oath? Rav says: The case in dispute between R' Eliezer ben Ya’akov and the Rabbis is not one where nobody has claimed anything from the borrower, as in such a case all agree that the borrower is exempt from taking an oath. Rather, it is a case where the creditor has died, leaving a child as his heir, and this minor confronts the borrower and claims 100 dinars from him, which he alleges was lent by his late father. The other admits to having borrowed the money but claims that he already repaid half the sum. Since he admits to part of the claim, he takes an oath that he did repay the other part.