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Shevuos 6:3-4

Shevuos 6:3

If the plaintiff says that the defendant has a litra (a certain measure) of gold belonging to him, to which the defendant replies that he has a litra of silver of his, he is exempt from an oath (because his admission does not resemble the claim). If the plaintiff says that the defendant has a gold dinar belonging to him and the defendant replies that he has a silver dinar, a tresit, a pundyon or a prutah belonging to him, he is liable to an oath because they are all coins (and therefore he has admitted similar to the claim). If the plaintiff says that the defendant has a kor (a certain measure) of grain belonging to him and the defendant replies that he has a letech of beans that are his, he is exempt (because his admission does not resemble the claim); if the plaintiff says that the defendant has a kor of produce belonging to him and the defendant replies that he has a letech of beans that are his, then he is liable because beans are included in the category of produce. If the plaintiff claimed wheat and the defendant admitted to barley, he is exempt from taking an oath, though Rabban Gamliel declares him liable. If he claims jars of oil and the defendant admitted to empty jars, Admon says he must take an oath because he admitted to part of the claim but the Sages say that this admission does not resemble the claim (which is really about the oil); Rabban Gamliel agreed with the opinion of Admon. If the plaintiff claimed utensils and land and the defendant admitted to the utensils but denied the land, or vice versa, he is exempt from taking an oath (because this oath is not administered in cases involving real estate). If the defendant admitted to part of the land, he is exempt from taking an oath (for the aforementioned reason) but if he admitted to part of the utensils, he is liable because movable property joins real estate to the obligation an oath.

Shevuos 6:4

An oath is not imposed when a claim is made by a person with congenital deafness, someone lacking mental competence or a minor. An oath is not imposed on a minor but an oath is imposed when a claim is made against a minor or against consecrated property.

Author: Rabbi Jack Abramowitz