2,683. A Claim That Includes a Fine

Hilchos Shevuos 8:2

Similar to the previous halacha, one is exempt for an oath of deposit when someone files a claim saying that the defendant’s ox killed the plaintiff’s servant, which the defendant denies with an oath, of if a servant files a claim against his master claiming that he knocked out a tooth or blinded an eye. This is because if he admitted the claim, he wouldn’t have to pay because it’s a fine; he would, however, be liable for an oath of expression. The same is true in all similar cases.

Hilchos Shevuos 8:3

Let’s say that one person files a claim against another regarding some matter that involves both a fine – which a person doesn’t have to pay based on his own admission – and a monetary claim, which one does pay based on his own admission. If he denies the whole claim with an oath, he is liable for an oath of deposit. For example, if one man files a claim against another for seducing his daughter and the defendant denies doing so with an oath, he is liable for an oath of deposit. He wouldn’t be required to pay the fine based on his own admission, but he is obligated to pay damages and embarrassment based on his own admission. Similarly, if one person claims that another stole his ox, and the defendant denies doing so with an oath, he is liable for an oath of deposit. While he doesn’t have to make the double payment penalty based on his own admission, he is still obligated re-pay the principal based on his admission.