there is substance

<<to Rav Huna's ruling —

<<since

<<swears

<<the lender

<<that it is not

<<in his possession,

<<how

<<can he

<<produce

<<it?

<<Rava said:

<<where there are

<<witnesses

<<that it was burned.

If so,

<<from where

<<does he bring

<<it?

<<Rather,

<<Rav Yosef said:

<<where there are

<<witnesses

<<that it was stolen.

<<In the end,

<<from where

<<does he bring

<<it?

<<He takes trouble

<<and brings

<<it.

If so,

<<when

<<swears

<<the lender

<<also,

<<let take trouble

<<the borrower

<<and bring it!

<<Granted,

<<the lender

<<knows

<<who

<<goes in

<<and out

<<of his house,

<<and he goes

<<and takes trouble

<<and brings

<<it;

<<but

<<the borrower —

<<does

<<he know

<<who

<<goes in

<<and out

<<of the house

<<of the lender?

Abaye

<<says:

<<it is a decree,

<<lest

<<he claim

<<and say

<<to him:

<<after

<<the oath

<<I found it.

<<Rav Ashi

<<said:

<<this one

<<swears

<<and that one

<<swears;

<<this one

<<swears

<<that it is not

<<in his possession,

<<and that one

<<swears

<<how much

<<it was

<<worth.

<<And thus

<<it says:

<<who

<<swears

<<first?

<<The lender

<<swears

<<first,

<<lest

<<swear

<<this one

<<and produce

<<the other

<<the deposit.

Rav Huna bar Tachlifa

<<in the name

<<of Rava

<<said:

<<the first part

<<of the latter clause

<<is a refutation

<<of Rav Huna:

<<a sela

<<you lent me

<<against it,

<<two

<<it was

<<worth;

<<and the other

<<says:

<<not so,

<<but

<<a sela

<<I lent you

<<against it,

<<a sela

<<it was

<<worth —

<<he is exempt.

<<And if

<<there is substance

<<to Rav Huna's ruling,

<<since

<<swears

<<the lender

<<that it is not

<<in his possession,

<<let him swear

<<also,

<<by the rolling of

<<an oath,

<<how much

<<it was

<<worth!

Rav Ashi said:

<<I said it,

<<this teaching,

<<before

<<Rav Kahana,

<<and he said

<<to me:

<<let it be

<<where he trusts him.

<<And let trust him

<<the borrower

<<the lender

<<also

<<in this:

<<how much

<<it was

<<worth?

<<It is not

<<certain

<<to him

<<about it.

<<And let trust him

<<the lender

<<the borrower,

<<who is certain

<<about it?

<<He does not

<<trust

<<him.

And what is different about

<<the borrower,

<<that he trusts

<<the lender,

<<and what is different about

<<the lender,

<<that he does not

<<trust

<<the borrower?

<<The borrower

<<applies

<<to him,

<<to the lender:

<<“The integrity of

<<the upright

<<shall guide them”;

<<the lender

<<applies

<<to him,

<<to the borrower:

<<“and the crookedness of

<<the treacherous

<<shall destroy them”.

A certain

<<man

<<who deposited

<<earrings

<<with

<<his fellow.

<<He said to him:

<<give

<<me

<<my earrings.

<<He said to him:

<<I do not

<<know

<<where

<<I put them.

<<He came

<<before

<<Rav Nachman.

<<He said to him:

<<every

<<“I do not know”

<<negligence

<<it is;

<<go,

<<pay!

<<He did not

<<pay.

<<Went

<<Rav Nachman

<<and collected

<<his mansion

<<from him.

<<In the end

<<were found

<<the earrings,

<<and they had risen in price.

<<Rav Nachman said:

<<return

<<the earrings

<<to their owner,

<<and returns

<<the mansion

<<to its owner.

Rava said:

<<I was

<<sitting

<<before

<<Rav Nachman,

<<and our chapter

<<“One who deposits”

<<it was,

<<and I said

<<to him:

<<if he paid

<<and did not

<<want

<<to swear.

<<And he did not

<<answer

<<me.

And well

<<he did

<<that he did not

<<answer

<<me.

<<What is the reason?

<<There

<<he did not

<<trouble him

<<to the court;

<<here

<<he troubled him

<<to the court.

Is that to say

<<that holds

<<Rav Nachman

<<that an assessment

<<returns?

<<It is different

<<there,

<<for the assessment

<<in error

<<it was,

<<for indeed

<<there were

<<the earrings

<<from the outset.

Say

<<the Nehardeans:

<<an assessment

<<returns

<<until

<<twelve

<<months of

<<the year.

<<And Ameimar said:

<<I

<<am from Nehardea,

<<I,

<<and I hold:

<<an assessment

<<returns

<<forever.

<<And the halachah is:

<<an assessment

<<returns

<<forever,

<<because

<<it is said:

<<“And you shall do

<<what is upright

<<and good”.

It is obvious:

<<if they assessed it

<<to a creditor,

<<and went

<<he

<<and assessed it

<<to the creditor

<<of his own,

<<we say

<<to him:

<<not

<<better

<<are you

<<than the man

<<that you come

<<from.

<<If he sold it,

<<bequeathed it,

<<or gave it

<<as a gift —

<<certainly

<<these

<<from the outset

<<with the intent

<<of land

<<went down,

<<and not

<<with the intent

<<of money

<<did they go down.

If they assessed it

<<to a woman

<<and she married,

<<or

<<they assessed it

<<from

<<a woman

<<and she married

<<and died —

<<a husband

<<in the property of

<<his wife

<<a buyer

<<is:

<<he does not

<<return it,

<<and we do not

<<return it

<<to him.

For Rabbi Yosei bar Chanina said:

<<in Usha

<<they instituted:

<<a woman

<<who sold

<<of her melog property

<<in the lifetime of

<<her husband

<<and died,

<<the husband

<<takes it out

<<from the hand of

<<the buyers.