Mishnah Shevuot 5

¹The oath of deposit applies to men and women, to non-relatives and relatives, to those qualified [to bear testimony] and those unqualified; before the court and not before the court, [if uttered] from his own mouth. And [if adjured] by the mouth of others, he is not liable unless he denies it before the court, according to the words of Rabbi Meir. But the Sages say, whether [uttered] from his own mouth or [adjured] by the mouth of others since he denied it, he is liable. And he is liable for intentional transgression of the oath, and for its unintentional transgression coupled with intentional [denial of having received the] deposit, but he is not liable for unintentional transgression. And what is he liable for the intentional transgression of the oath? A guilt offering of [the value of] two shekels of silver. ²The oath of deposit how? If he said to him: “Give me my deposit which I have in your possession” [and the other replied:] “I swear that you have nothing in my possession”; or he replied to him; “You have nothing in my possession,” [and the depositor said:] “I adjure you”, and he responded, “Amen!”, he is liable. If he adjured him five times, whether before the court or not before the court, and he denied, he is liable for each one. Rabbi Shimon said: “What is the reason? Because he can retract and admit.” ³If five claimed from him, and said to him: “Give us the deposit that we have in your possession,” [and he replied:] “I swear that you have nothing in my possession,” he is liable only once. [If he said:] “I swear that you have nothing in my possession, nor you, nor you,” he is liable for each one. Rabbi Eliezer says: “Only if he says, ‘I swear’ at the end.” Rabbi Shimon says: “Only if he says, ‘I swear’ to each one.” “Give me the deposit, loan, theft, and lost object that I have in your possession,” [and he replied], “I swear that you do not have these in my possession,” he is liable only once. “I swear that you do not have in my possession a deposit, a loan, a theft, and a lost object,” he is liable for each one. “Give me the wheat, barley, and spelt that I have in your possession”, [and he replied], “I swear that you do not have these in my possession,” he is liable only once. “I swear that you do not have in my possession wheat, barley, and spelt,” he is liable for each one. Rabbi Meir said: “Even if he said, ‘... A grain of wheat, barley and spelt,’ he is liable for each one. ⁴“You raped or seduced my daughter” and the other says, “I did not rape, nor seduce,” “I adjure you,” and he responds, “Amen!” he is liable. Rabbi Shimon exempts him, for he does not pay a fine on his own admission. They said to him: “Even though he does not pay a fine on his own admission, he still pays for the shame and blemish [to the girl], based on his own admission. ⁵“You stole my ox,” and he says, “I have not stolen it” “I adjure You,” and he responds, “Amen!” he is liable. “I have stolen it, but I have not killed it or sold it”, “I adjure you,” and he responds, “Amen!” he is exempt. “Your ox killed my ox,” and he says, “It did not kill [your ox]”, “I adjure you,” and he responds, “Amen!” he is liable. “Your ox killed my slave,” and he says, “It did not kill [your slave]”, “I adjure you,” and he responds, “Amen!” he is exempt. He said to him, “You injured me, or bruised me,” and the other says, “I have not injured you or bruised you,” “I adjure you,” and he responds, “Amen!” he is liable. His slave said to him, “You knocked out my tooth, or blinded my eye,” and he said, “I did not knock out [your tooth], or blind [your eye],’ “I adjure you,” and he responds, “Amen!” he is exempt. This is the principle: whenever he pays on his own admission, he is liable; and when he does not pay on his own admission, he is exempt.