Shevuos 7:4-5

Shevuos 7:4

A person whose opponent in a court case is suspected of swearing falsely includes oaths of testimony, oaths about a deposit and even oaths taken in vain (which are strictly matters between the one who swore and God). If one of them was a professional gambler, one who lends money for interest, a pigeon racer or a dealer in sabbatical produce, the other party takes an oath and receives payment. If both parties are suspect, the oath "returns to its place" (i.e., the defendant must pay). This is the opinion of Rabbi Yosi; Rabbi Meir says the two parties split the claim (so the defendant pays half).

Shevuos 7:5

A shopkeeper with his records doesn’t mean that the shopkeeper (who is the plaintiff) says to the customer (who is the defendant), “It says in my record book that you owe me 200 zuz.” Rather, it means that the customer says that he told the shopkeeper to give his (i.e., the customer’s) son two seah of wheat, or to give his employee change for a sela. If the shopkeeper says that he filled the order and the customer says that he didn’t receive it, then the shopkeeper can take an oath and receive payment; the employees also take an oath and receive their wages (for delivering the order). Ben Nanas asks how this is possible because one of them is invariably taking an oath in vain. Rather, each party is paid without taking an oath.