Bava Metzia 5b — Iyun
When Payment Replaces an Oath
Part of Bava Metzia (Iyun) · 1:40
A short sugya on a suspected liar's inability to swear, and the Mishnah's rule allowing payment in place of an oath.
Audio Transcript
I'll I'll get a portion of it at least. You just remember the second half. The Gemara here דף ל\"ה עמוד ב', Gemara discuss the inyan of חשיד אממונא חשיד אשבועתא, if someone is suspected whether like lying, that'd be stealing, can we trust him if he swears? The Gemara tries to prove that חשיד אממונא לא חשיד אשבועתא. A person is suspected in stealing, but make him swear, we don't suspect he's gonna swear false. One of the re'ayot the Gemara brings is אמר רב הונא משביעין אותו שבועה שאינה ברשותו. There's a din that a shomer, let's say shomer chinam, if it got stolen, and he says it got stolen, then he's patur from paying, he's patur from גניבה ואבידה. Then the
Mishnah says in Hamafkid what happen- but he has to swear, he has to swear it got stolen. Cuz the Mishnah says in Hamafkid that what happens if a person, the shomer says, \"You know what? I'm telling you it got stolen, but you want me to swear? I don't want to swear. I I'm gonna pay you and I don't want to swear.\" So, I'll pay instead. He's allowed to do that. Not only that, if they catch the ganav, then he gets the kefel or whatever. Then Rav Huna added, but there's one shevuah he must swear, he can't get out of it, and that is שאינה ברשותו, cuz we suspect that maybe he kept it, he likes it, he kept it,