## Mishnah Shevuot Chapter 8

###### Mishnah Shevuot 8:1
[Mishnah Shevuot 8:1](https://torahapp.org/share/book/Mishnah%20Shevuot/r/8:1)

אַרְבָּעָה שׁוֹמְרִין הֵן, שׁוֹמֵר חִנָּם, וְהַשּׁוֹאֵל, נוֹשֵׂא שָׂכָר, וְהַשּׂוֹכֵר. שׁוֹמֵר חִנָּם נִשְׁבָּע עַל הַכֹּל. וְהַשּׁוֹאֵל מְשַׁלֵּם אֶת הַכֹּל. נוֹשֵׂא שָׂכָר וְהַשּׂוֹכֵר נִשְׁבָּעִין עַל הַשְּׁבוּרָה וְעַל הַשְּׁבוּיָה וְעַל הַמֵּתָה, וּמְשַׁלְּמִים אֶת הָאֲבֵדָה וְאֶת הַגְּנֵבָה:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
There are four watchers [and their provisions are three]: an unpaid watcher, a borrower, a paid watcher, and a hirer. An unpaid watcher swears on everything [that he was not derelict], a borrower pays for everything [mentioned below, viz.: seized, died, stolen, or lost, but he does not pay if it died through working, for he did not borrow it to "keep it under wraps." (This Mishnah is explicated in Bava Metzia 7:8)]. A paid watcher and a hirer swear that (the beast was) "broken," or seized, or died (and they are exempt); and they pay for loss and theft.


###### Mishnah Shevuot 8:2
[Mishnah Shevuot 8:2](https://torahapp.org/share/book/Mishnah%20Shevuot/r/8:2)

אָמַר לְשׁוֹמֵר חִנָּם, הֵיכָן שׁוֹרִי, אָמַר לוֹ מֵת, וְהוּא שֶׁנִּשְׁבַּר אוֹ נִשְׁבָּה אוֹ נִגְנַב אוֹ אָבַד. נִשְׁבָּר, וְהוּא שֶׁמֵּת אוֹ נִשְׁבָּה אוֹ נִגְנַב אוֹ אָבַד. נִשְׁבָּה, וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִגְנַב אוֹ אָבַד. נִגְנָב, וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִשְׁבָּה אוֹ אָבַד. אָבַד, וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִשְׁבָּה אוֹ נִגְנַב. מַשְׁבִּיעֲךָ אָנִי, וְאָמַר אָמֵן, פָּטוּר:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
If one said to an unpaid watcher: "Where is my ox?" And he said: "It died," when, in reality, it had been broken or seized or stolen or lost — "It was broken," when, in reality, it had died, or been seized, or stolen or lost — "It was seized," when, in reality, it had died or been broken or stolen or lost — "It was stolen," when, in reality, it had died, or been broken, or seized, or lost — "It was lost," when, in reality, it had died, or been broken or seized or stolen — "I beswear you," and he answered: "Amen," he is exempt (from an offering). [For if he had admitted (the truth), he would have paid nothing, so that there is no denial of money here. And even though he swore falsely, the Torah prescribed an offering only where there is a denial of money. Likewise a judge can impose an oath only where, if he would admit (the claim), he would be liable for payment.]


###### Mishnah Shevuot 8:3
[Mishnah Shevuot 8:3](https://torahapp.org/share/book/Mishnah%20Shevuot/r/8:3)

הֵיכָן שׁוֹרִי, אָמַר לוֹ אֵינִי יוֹדֵעַ מָה אַתָּה סָח, וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִשְׁבָּה אוֹ נִגְנַב אוֹ אָבַד. מַשְׁבִּיעֲךָ אָנִי, וְאָמַר אָמֵן, פָּטוּר. הֵיכָן שׁוֹרִי, אָמַר לוֹ אָבַד. מַשְׁבִּיעֲךָ אָנִי, וְאָמַר אָמֵן, וְהָעֵדִים מְעִידִין אוֹתוֹ שֶׁאֲכָלוֹ, מְשַׁלֵּם אֶת הַקֶּרֶן. הוֹדָה מֵעַצְמוֹ, מְשַׁלֵּם קֶרֶן וְחֹמֶשׁ וְאָשָׁם. הֵיכָן שׁוֹרִי, אָמַר לוֹ נִגְנָב. מַשְׁבִּיעֲךָ אָנִי, וְאָמַר אָמֵן, וְהָעֵדִים מְעִידִין אוֹתוֹ שֶׁגְּנָבוֹ, מְשַׁלֵּם תַּשְׁלוּמֵי כֶפֶל. הוֹדָה מֵעַצְמוֹ, מְשַׁלֵּם קֶרֶן וְחֹמֶשׁ וְאָשָׁם:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
(If one said to an unpaid watcher:) "Where is my ox?" and he said: "I don't know what you are talking about," when, in reality, it had died or been broken or seized or stolen or lost — "I beswear you," and he answered: "Amen," he is exempt. "Where is my ox?" and he said: "It was lost." "I beswear you," and he answered: "Amen," and the witnesses testify that he ate it, he pays the principal [and not kefel.] And if he admitted it himself [before witnesses came], he pays the principal and a fifth and a guilt-offering [as with the oath over a pledge, it (the fifth and the guilt-offering) not obtaining until he confesses and repents of his evil and comes to make atonement.] "Where is my ox?" And he said: "It was stolen." "I beswear you," and he answered: "Amen," and the witnesses testify that he (himself) stole it, he pays kefel. [For if an unpaid watcher exempts himself by claiming that it was stolen and swears (to that effect) and witnesses come and testify (that he himself stole it), he pays kefel, it being written (Exodus 22:7): "If the thief not be found," i.e., If it not be found as he said, but that he himself stole it, (Ibid. 8): "he shall pay double." But if he comes to exempt himself by claiming that it was lost, he does not pay kefel.] If he admitted it by himself, he pays the principal and a fifth and a guilt-offering, [but not kefel, one who admits to knass (penalty payment) being exempt from it.]


###### Mishnah Shevuot 8:4
[Mishnah Shevuot 8:4](https://torahapp.org/share/book/Mishnah%20Shevuot/r/8:4)

אָמַר לְאֶחָד בַּשּׁוּק הֵיכָן שׁוֹרִי שֶׁגָּנַבְתָּ, וְהוּא אוֹמֵר לֹא גָנַבְתִּי, וְהָעֵדִים מְעִידִים אוֹתוֹ שֶׁגְּנָבוֹ, מְשַׁלֵּם תַּשְׁלוּמֵי כֶפֶל. טָבַח וּמָכַר, מְשַׁלֵּם תַּשְׁלוּמֵי אַרְבָּעָה וַחֲמִשָּׁה. רָאָה עֵדִים שֶׁמְּמַשְׁמְשִׁין וּבָאִין, אָמַר גָּנַבְתִּי אֲבָל לֹא טָבַחְתִּי וְלֹא מָכָרְתִּי, אֵינוֹ מְשַׁלֵּם אֶלָּא קֶרֶן:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
If one said to another in the market place: "Where is my ox that you stole?" and he said: "I did not steal it," and the witnesses testify that he (himself) stole it, he pays kefel. [Here, we do not have "I beswear you," for being an actual thief, he is liable to kefel (even) without an oath, it being written (Exodus 22:6): "He (a thief) shall pay double."] If he saw witnesses coming and he said: "I stole it, but I did not slaughter or sell it, he pays only the principal. [We are being apprised here that even though he admits it out of fear of the witnesses, still, the admission avails and exempts him from kefel. And since there is no kefel, he is exempt, too, from (payment for) the slaughtering, which he denied, so that if witnesses come and say that he stole and slaughtered or sold (he does not pay "four and five"), the Torah prescribing "four and five" and not "three and four." For in the absence of kefel there is a reduction of one.]


###### Mishnah Shevuot 8:5
[Mishnah Shevuot 8:5](https://torahapp.org/share/book/Mishnah%20Shevuot/r/8:5)

אָמַר לַשּׁוֹאֵל הֵיכָן שׁוֹרִי, אָמַר לוֹ מֵת, וְהוּא שֶׁנִּשְׁבַּר אוֹ נִשְׁבָּה אוֹ נִגְנַב אוֹ אָבַד. נִשְׁבָּר, וְהוּא שֶׁמֵּת אוֹ נִשְׁבָּה אוֹ נִגְנַב אוֹ אָבַד. נִשְׁבָּה, וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִגְנַב אוֹ אָבַד. נִגְנָב, וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִשְׁבָּה אוֹ אָבַד. אָבַד, וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִשְׁבָּה אוֹ נִגְנַב. מַשְׁבִּיעֲךָ אָנִי, וְאָמַר אָמֵן, פָּטוּר:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
If one said to a borrower: "Where is my ox?" And he said: "It died," when, in reality, it had been broken or seized or stolen or lost — "It was broken," when, in reality, it had died or been seized or stolen or lost — "It was seized," when, in reality, it had died or been broken or stolen or lost — "It was stolen," when, in reality, it had died or been broken or seized or lost — "It was lost" — when, in reality, it had died or been broken or seized or stolen — "I beswear you," and he answered: "Amen," he is exempt (from an oath). [For even though he swore falsely he made himself liable to pay, so that there is no denial of money in this oath.]


###### Mishnah Shevuot 8:6
[Mishnah Shevuot 8:6](https://torahapp.org/share/book/Mishnah%20Shevuot/r/8:6)

הֵיכָן שׁוֹרִי, אָמַר לוֹ אֵינִי יוֹדֵעַ מָה אַתָּה סָח, וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִשְׁבָּה אוֹ נִגְנַב אוֹ אָבַד. מַשְׁבִּיעֲךָ אָנִי, וְאָמַר אָמֵן, חַיָּב. אָמַר לַנּוֹשֵׂא שָׂכָר וְהַשּׂוֹכֵר הֵיכָן שׁוֹרִי, אָמַר לוֹ מֵת, וְהוּא שֶׁנִּשְׁבַּר אוֹ נִשְׁבָּה. נִשְׁבָּר, וְהוּא שֶׁמֵּת אוֹ נִשְׁבָּה. נִשְׁבָּה, וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר. נִגְנָב, וְהוּא שֶׁאָבַד. אָבַד, וְהוּא שֶׁנִּגְנַב. מַשְׁבִּיעֲךָ אָנִי, וְאָמַר אָמֵן, פָּטוּר. מֵת אוֹ נִשְׁבַּר אוֹ נִשְׁבָּה, וְהוּא שֶׁנִּגְנַב אוֹ אָבַד. מַשְׁבִּיעֲךָ אָנִי, וְאָמַר אָמֵן, חַיָּב. אָבַד, אוֹ נִגְנָב, וְהוּא שֶׁמֵּת אוֹ נִשְׁבַּר אוֹ נִשְׁבָּה. מַשְׁבִּיעֲךָ אָנִי, וְאָמַר אָמֵן, פָּטוּר. זֶה הַכְּלָל, כָּל הַמְשַׁנֶּה מֵחוֹבָה לְחוֹבָה וּמִפְּטוֹר לִפְטוֹר וּמִפְּטוֹר לְחוֹבָה, פָּטוּר. מֵחוֹבָה לִפְטוֹר, חַיָּב. זֶה הַכְּלָל, כָּל הַנִּשְׁבָּע לְהָקֵל עַל עַצְמוֹ, חַיָּב. לְהַחְמִיר עַל עַצְמוֹ, פָּטוּר:

**The Mishna with Obadiah Bartenura by Rabbi Shraga Silverstein:**
(If one said to a borrower:) "Where is my ox?" And he said: "I don't know what you are talking about," when, in reality, it had died or been broken or seized or stolen or lost — "I beswear you," and he answered: "Amen," he is liable, [having denied money. For if he had admitted (the truth) he would have been liable.] If he said to a paid watcher or to a hirer: "Where is my ox?" And he said: "It died," when, in reality, it had been broken or seized — "It was broken," when, in reality, it had died or been seized — "It was seized," when, in reality, it had died or been broken — "It was stolen," when, in reality, it had been lost — "It was lost," when, in reality, it had been stolen — "I beswear you," and he answers: "Amen," he is exempt. [For if he had admitted the truth, he would not have paid. Likewise, with "It was stolen," when, in reality it had been lost," or vice versa, he is exempt, for he shifts from one liability to another and does not deny money with this oath.] It was lost or stolen," when, in reality, it had died or been broken or seized — "I beswear you," and he answers: "Amen," he is exempt, [for he shifts from non-liability (for payment) to liability, and loses by his oath.] This is the rule: Whoever shifts from liability to liability, from non-liability to non-liability, or from non-liability to liability is exempt (from the offering); from liability, to non-liability, he is liable. This is the rule: Whoever swears to decrease his (monetary) liability is liable (for the offering); to increase it, he is exempt.