and there is

<<to say

<<all of it

<<is this one's,

<<and there is

<<to say

<<all of it

<<is that one's,

<<Sumchos said:

<<money

<<that is cast

<<in doubt —

<<they divide

<<without

<<an oath;

<<here,

<<where there is no

<<prior involvement

<<of money,

<<where there is

<<to say

<<that of both of them

<<it is —

<<how much more so!

You may even say

<<Sumchos:

<<oath

<<this

<<is rabbinic

<<it is,

<<as Rabbi Yochanan [said].

<<For Rabbi Yochanan said:

<<oath

<<this

<<is an enactment of

<<the Sages

<<it is,

<<so that not

<<shall be

<<every

<<one

<<and one

<<going

<<and seizing

<<the garment

<<of

<<his fellow

<<and saying:

<<mine

<<it is.

Shall we say

<<our Mishnah

<<is not

<<like Rabbi Yosei?

<<For if

<<like Rabbi Yosei,

<<did he not

<<say:

<<if so,

<<what

<<has lost

<<the swindler?

<<Rather,

<<all of it

<<shall be

<<set aside

<<until

<<comes

<<Eliyahu.

But

<<what —

<<the Rabbis?

<<Since

<<say

<<the Rabbis:

<<“the remainder

<<shall be

<<set aside

<<until

<<comes

<<Eliyahu,”

<<this

<<too

<<like the remainder

<<is,

<<for in doubt

<<it is!

What is this?

<<If you say, granted,

<<it is the Rabbis:

<<there,

<<where certainly

<<this

<<maneh

<<of one

<<of them

<<it is,

<<said

<<the Rabbis:

<<it shall be

<<set aside

<<until

<<comes

<<Eliyahu;

<<here,

<<where there is

<<to say

<<that of both of them

<<it is,

<<said

<<the Rabbis:

<<they divide

<<with an oath.

But

<<if you say

<<Rabbi Yosei

<<it is:

<<now,

<<if

<<there,

<<where certainly

<<there is

<<a maneh

<<for this one

<<and there is

<<a maneh

<<for that one,

<<Rabbi Yosei said:

<<it shall be

<<set aside

<<until

<<comes

<<Eliyahu;

<<here,

<<where there is

<<to say

<<that of one

<<of them

<<it is —

<<how much more so!

You may even say

<<Rabbi Yosei:

<<there

<<certainly

<<there is

<<a swindler;

<<here,

<<who

<<says

<<that there is

<<a swindler?

<<Say

<<both of them

<<together

<<lifted it.

Alternatively:

<<there

<<penalizes

<<him

<<Rabbi Yosei

<<the swindler

<<so that

<<he will admit;

<<here,

<<what

<<loss

<<does he have

<<that he should admit?

This works for

<<a found object;

<<buying

<<and selling,

<<what is there to say?

<<Rather,

<<it is clear

<<as we answered

<<originally.

Whether

<<according to the Rabbis

<<or

<<according to Rabbi Yosei:

<<there,

<<with

<<a storekeeper

<<on

<<his ledger,

<<where it teaches:

<<this one

<<swears

<<and takes,

<<and that one

<<swears

<<and takes.

What is different

<<that we do not

<<say:

<<let us take out

<<the money

<<from the owner of

<<the house,

<<and let it be

<<set aside

<<until

<<comes

<<Eliyahu,

<<for

<<certainly

<<there is

<<a swindler!

They say:

<<there,

<<this is

<<the reason:

<<for says

<<to him

<<the storekeeper

<<to the owner of

<<the house:

<<I

<<the errand

<<of yours

<<was doing;

<<what

<<have

<<I

<<with

<<the laborer?

<<Even though

<<he swears

<<to me,

<<he is not

<<trusted

<<by me

<<with an oath;

<<you

<<trusted him,

<<for you did not

<<say

<<to me:

<<in the presence of witnesses

<<give

<<to him.

And the laborer

<<too

<<says

<<to him,

<<to the owner of

<<the house:

<<I

<<did

<<the work

<<for you;

<<what

<<have

<<I

<<with

<<the storekeeper?

<<Even though

<<he swears

<<to me,

<<he is not

<<trusted

<<by me

<<Therefore,

<<both of them

<<swear

<<and take

<<from the owner of

<<the house.

Taught

<<Rabbi Chiya:

<<“a maneh

<<I have

<<in your hand,”

<<and the other

<<says:

<<“you have

<<nothing

<<in my hand

<<at all,”

<<and the witnesses

<<testify

<<about him

<<that he has

<<of his

<<fifty

<<zuz —

<<he gives

<<him

<<fifty

<<zuz,

<<and swears

<<about

<<the rest.

So that not

<<shall be

<<the admission of

<<his own mouth

<<greater

<<than the testimony of

<<witnesses,

<<by an a fortiori.

And our tanna

<<taught the same:

<<two

<<who are holding

<<a garment —

<<this one

<<says

<<I

<<found it,

<<etc.

<<And here,

<<here,

<<since

<<he is holding,

<<we

<<are witnesses

<<that what

<<is held by

<<this one

<<is his

<<it is,

<<and what

<<is held by

<<that one

<<is his

<<it is,

<<and it teaches:

<<he shall swear!

What is

<<“so that not

<<shall be

<<the admission of

<<his own mouth

<<greater

<<than the testimony of

<<witnesses,

<<by an a fortiori”?

<<So that not

<<you should say:

<<the admission of

<<his own mouth

<<it is

<<that imposed

<<the Torah

<<an oath

<<upon him,

<<as Rabba [explained].

For Rabba said:

<<why

<<did say

<<the Torah

<<one who admits

<<part of

<<the claim

<<shall swear?

<<There is a presumption:

<<not

<<a person

<<is brazen

<<his face

<<before

<<the holder of

<<his debt;

<<and this one

<<in all of it

<<wants

<<to deny it,

<<and this

<<that he did not

<<deny it

<<is because

<<not

<<a person

<<is brazen

<<his face