## Gittin Daf 51b

###### Gittin 51b:1
[Gittin 51b:1](https://torahapp.org/share/book/Gittin/r/51b:1)

הוּא דְּאָמַר, כְּרַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב – דְּתַנְיָא, רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב אוֹמֵר: פְּעָמִים שֶׁאָדָם נִשְׁבָּע עַל טַעֲנַת עַצְמוֹ. כֵּיצַד? ״מָנֶה לְאָבִיךְ בְּיָדִי, וְהֶאֱכַלְתִּיו פְּרָס״ – הֲרֵי זֶה נִשְׁבָּע. וְזֶה הוּא שֶׁנִּשְׁבָּע עַל טַעֲנַת עַצְמוֹ.

**William Davidson Edition - English:**
The Gemara answers: Rabbi Yitzḥak **stated** his opinion **in accordance with** the opinion of **Rabbi Eliezer ben Ya’akov, as it is taught** in a *baraita* (*Tosefta*, *Shevuot* 5:10) that **Rabbi Eliezer ben Ya’akov says:** There are **times when a person takes an oath about his own claim. How so?** One says to another: **One hundred 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 fifty 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.


###### Gittin 51b:2
[Gittin 51b:2](https://torahapp.org/share/book/Gittin/r/51b:2)

וַחֲכָמִים אוֹמְרִים: אֵינוֹ אֶלָּא כְּמֵשִׁיב אֲבֵידָה, וּפָטוּר.

**William Davidson Edition - English:**
**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. Rabbi Yitzḥak’s position is similar to that of Rabbi 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.


###### Gittin 51b:3
[Gittin 51b:3](https://torahapp.org/share/book/Gittin/r/51b:3)

וְרַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב – לֵית לֵיהּ: ״מֵשִׁיב אֲבֵידָה – פָּטוּר״?! אָמַר רַב: בְּטוֹעֲנוֹ קָטָן.

**William Davidson Edition - English:**
The Gemara asks: **But does Rabbi 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 Rabbi 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** a hundred 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.


###### Gittin 51b:4
[Gittin 51b:4](https://torahapp.org/share/book/Gittin/r/51b:4)

קָטָן, מִידֵּי מְשָׁשָׁא אִית בֵּיהּ?! וְהָתְנַן: אֵין נִשְׁבָּעִין עַל טַעֲנַת חֵרֵשׁ, שׁוֹטֶה וְקָטָן!

**William Davidson Edition - English:**
The Gemara asks: Does the claim of **a minor have any substance? But didn’t we learn** in a mishna (*Shevuot* 38b): **One does not take an oath** in response **to the claim of a deaf-mute, an imbecile, or a minor,** as the claim of one who lacks halakhic competence has no significance whatsoever. According to this, if a minor brought a claim against the borrower, it is as though there were no claim at all but only the borrower’s admission, and so the borrower should be exempt from taking an oath.


###### Gittin 51b:5
[Gittin 51b:5](https://torahapp.org/share/book/Gittin/r/51b:5)

מַאי ״קָטָן״ – גָּדוֹל; וְאַמַּאי קָרֵי לֵיהּ ״קָטָן״? דִּלְגַבֵּי מִילֵּי דְאָבִיו, קָטָן הוּא.

**William Davidson Edition - English:**
The Gemara answers: To **which** kind of **minor** was Rav referring? It was to **an adult** son of the creditor. **And why does** Rav **call him a minor,** if he is in fact an adult? It is **as with regard to his father’s affairs he is** like **a minor.** He does not know with certainty how much money the borrower repaid but merely says that he thinks he owes his father more.


###### Gittin 51b:6
[Gittin 51b:6](https://torahapp.org/share/book/Gittin/r/51b:6)

אִי הָכִי, טַעֲנַת עַצְמוֹ?! טַעֲנַת אֲחֵרִים הוּא! טַעֲנַת אֲחֵרִים, וְהוֹדָאַת עַצְמוֹ.

**William Davidson Edition - English:**
The Gemara asks: **If that is so,** that we are dealing with a case where the deceased creditor’s adult son made a claim against the debtor, how can Rabbi Eliezer ben Ya’akov say about this claim that it is his own claim? Is this an oath taken about **his own claim? It is** an oath taken about **the claim of others,** i.e., the son. The Gemara answers: Rabbi Eliezer ben Ya’akov calls it an oath taken about one’s own claim, although it is really **the claim of others,** because it is **his own admission** that obligates him to take the oath.


###### Gittin 51b:7
[Gittin 51b:7](https://torahapp.org/share/book/Gittin/r/51b:7)

כּוּלְּהוּ טַעֲנָתָא נָמֵי, טַעֲנַת אֲחֵרִים וְהוֹדָאַת עַצְמוֹ נִינְהוּ! אֶלָּא בִּדְרַבָּה קָמִיפַּלְגִי – דְּאָמַר רַבָּה, מִפְּנֵי מָה אָמְרָה תּוֹרָה: מוֹדֶה מִקְצָת הַטַּעֲנָה – יִשָּׁבַע? חֲזָקָה – אֵין אָדָם מֵעִיז פָּנָיו בִּפְנֵי בַּעַל חוֹבוֹ;

**William Davidson Edition - English:**
The Gemara objects: **All claims** that lead to the oath of one who admits to part of the claim **are also** a combination of **the claim of others and** the defendant’s **own admission. Rather,** Rabbi Eliezer ben Ya’akov and the Rabbis **disagree with regard to** the following explanation given by **Rabba, as Rabba says: For what reason did the Torah say** that one who **admits to part of the claim** brought against him **takes an oath** with regard to the rest of the claim, which he denies, whereas one who denies the entire claim is not required to take an oath? Rabba answers: The oath of partial admission is based on a **presumption** with regard to the defendant’s behavior. There is a presumption **that a person would not be so brazen** as to stand **before his creditor** and deny his debt when his creditor knows that he is lying.


###### Gittin 51b:8
[Gittin 51b:8](https://torahapp.org/share/book/Gittin/r/51b:8)

וְהַאי, בְּכוּלֵּיהּ בָּעֵי לְמִכְפְּרֵיהּ לֵיהּ, וְהַאי דְּלָא כַּפְרֵיהּ – מִשּׁוּם דְּאֵין אָדָם מֵעִיז פָּנָיו בִּפְנֵי בַּעַל חוֹבוֹ; וּבְכוּלֵּיהּ בָּעֵי דְּלוֹדֵי לֵיהּ, וְהַאי דְּלָא אוֹדִי לֵיהּ – אִישְׁתְּמוֹטֵי הוּא דְּקָא מִשְׁתְּמִיט לֵיהּ – סָבַר: עַד דְּהָווּ לִי זוּזֵי וּפָרַעְנָא לֵיהּ; וְאָמַר רַחֲמָנָא: רְמִי שְׁבוּעָה עִילָּוֵיהּ, כִּי הֵיכִי דְּלוֹדֵי לֵיהּ בְּכוּלֵּיהּ.

**William Davidson Edition - English:**
Rabba continues: **And this** one who admits to part of the claim would **want to deny all of it, and** the only reason **he does not deny** all of **it is because a person would not be so brazen before his creditor. And** in fact, he would **want to admit** to **all** of the claim **to him. And** the reason **that he did not admit** the whole claim **to him** and say that in fact he owes him the entire sum is that **he was evading** his obligation temporarily. The debtor is short of money and **he thinks:** I will pay my creditor as much as I can afford now, and I will evade paying the rest **until I have** enough **money, and** then **I will repay him** the rest, to which I have not yet admitted. Therefore, **the Merciful One states: Impose an oath on** the debtor **in order** to induce him **to admit all** of the debt **to** the creditor.


###### Gittin 51b:9
[Gittin 51b:9](https://torahapp.org/share/book/Gittin/r/51b:9)

רַבִּי אֱלִיעֶזֶר בֶּן יַעֲקֹב סָבַר: לָא שְׁנָא בּוֹ וְלָא שְׁנָא בִּבְנוֹ – אֵינוֹ מֵעֵיז, וְהִילְכָּךְ לָאו מֵשִׁיב אֲבֵידָה הוּא; וְרַבָּנַן סָבְרִי: בּוֹ הוּא דְּאֵינוֹ מֵעֵיז, אֲבָל בִּבְנוֹ מֵעֵיז, וּמִדְּלֹא מֵעֵיז – מֵשִׁיב אֲבֵידָה הוּא.

**William Davidson Edition - English:**
Following Rabba’s reasoning, the difference of opinion between Rabbi Eliezer ben Ya’akov and the Rabbis can be explained as follows: **Rabbi Eliezer ben Ya’akov holds** that **there is no difference between** the creditor **himself and** the creditor’s **son,** as in all cases the debtor **would not be so brazen** as to deny his debt. **Therefore,** the debtor **is not** considered like **someone who is returning a lost item.** Rabbi Eliezer ben Ya’akov maintains that Rabba’s reasoning applies in this case as well, so he is required to take an oath. **And the Rabbis hold** that **he would not be so brazen** as to deny a debt before the creditor **himself, but** toward **his** creditor’s **son he would be brazen** and deny the claim completely. **And since he was not so brazen** as to deny the entire claim, but admitted to part of it, **he is** considered like **someone returning a lost item,** and therefore he is exempt from taking an oath.