2,688. Denying One of Several Creditors and Denying a Promissory Note

Hilchos Shevuos 8:12

Let’s say that someone owes money to two partners. One of them demands payment and he denies obligation, supporting his claim with an oath. In such a case, one is liable for an oath of deposit because he denied his financial obligation. Let’s say that both partners demanded payment and he admitted the full amount but claimed that he only borrowed from one of the partners. If he supports this claim with an oath, he isn’t liable for an oath of deposit because he didn’t absolve himself of any responsibility. He is, however, liable for an oath of expression.

Hilchos Shevuos 8:13

Similarly, let’s say that someone owed a debt that had a promissory note. If he denies his obligation with an oath, he isn’t liable for an oath of deposit. This is because the promissory note places a lien on his property, making it a claim involving real estate. As we have discussed, one who denies a claim involving real estate isn’t liable for an oath of deposit, though he is liable for an oath of expression because he made a false oath.