2,690. What Renders One Liable for an Oath of Testimony?

Hilchos Shevuos 9:2

Witnesses aren’t liable for an oath of testimony unless they deny in court. Regardless of whether they took an oath or had one imposed on them in court or elsewhere, the denial must take place in court as per Leviticus 5:1, “If he doesn’t testify, he will bear his sin.” We infer that the place where he can testify effectively is the place where he will be liable for not testifying.

Hilchos Shevuos 9:3

Let’s say that a plaintiff insists that witnesses testify about a matter not involving a financial claim, but rather about real estate, servants, or a promissory note. The witnesses deny having testimony and they take an oath to support their claim. In such a case they’re not liable for an oath of testimony. They’re only liable if they deny having testimony in cases that resemble those for entrusted items, deposits, robberies or lost items, mentioned in Leviticus 5:21-22. In other words, they’re only liable for denying testimony about moveable goods that have inherent financial value and for which the defendant would have to pay if the witnesses were to testify.