deposit

_On avoiding falsehood, and on the repentance of Hermas for his dissimulation._ Again he said to me, “Love the truth, and let nothing but truth proceed from your mouth, that the spirit which God has placed in your flesh may be found truthful before all men; and the Lord, who dwelleth in you, will be glorified, because the Lord is truthful in every word, and in Him is no falsehood. They therefore who lie deny the Lord, and rob Him, not giving back to Him the deposit which they have received. For they received from Him a spirit free from falsehood. If they give him back this spirit untruthful, they pollute the commandment of the Lord, and become robbers.” On hearing these words, I wept most violently. When he saw me weeping, he said to me, “Why do you weep?” And I said, “Because, sir, I know not if I can be saved.” “Why?” said he. And I said, “Because, sir, I never spake a true word in my life, but have ever spoken cunningly to all, and have affirmed a lie for the truth to all; and no one ever contradicted me, but credit was given to my word. How then can I live, since I have acted thus?” And he said to me, “Your feelings are indeed right and sound, for you ought as a servant of God to have walked in truth, and not to have joined an evil conscience with the spirit of truth, nor to have caused sadness to the holy and true Spirit.” And I said to him, “Never, sir, did I listen to these words with so much attention.” And he said to me, “Now you hear them, and keep them, that even the falsehoods which you formerly told in your transactions may come to be believed through the truthfulness of your present statements. For even they can become worthy of credit. If you keep these precepts, and from this time forward you speak nothing but the truth, it will be possible for you to obtain life. And whosoever shall hear this commandment, and depart from that great wickedness falsehood, shall live to God.”

And I turned myself and saw other righteous ones coming from afar off, and I asked the angel: Who are these, Lord? and he answered me: These are Elias and Eliseus. And they greeted me, and I said unto them: Who are ye? And one of them answered and said: I am Elias the prophet of God. I am Elias that prayed, and because of my word the heaven rained not for three years and six months, because of the iniquities of men. Righteous and true is God, who doeth the will of his servants; for oftentimes the angels besought the Lord for rain, and he said: Be patient until my servant Elias pray and entreat for this, and I will send rain upon the earth. [ Here the Greek, Latin, and Syriac texts end, save that the Syriac adds thus much : And he gave not, until I called upon him again; then he gave unto them. But blessed art thou, O Paul, that thy generation and those thou teachest are the sons of the kingdom. And know thou, O Paul, that every man who believes through thee hath a great blessing, and a blessing is reserved for him. Then he departed from me. And the angel who was with me led me forth, and said unto me: Lo, unto thee is given this mystery and revelation: as thou pleasest, make it known unto the sons of men. And I, Paul, returned unto myself, and I knew all that I had seen: and in life I had not rest that I might reveal this mystery, but I wrote it and deposited it under the ground and the foundations of the house of a certain faithful man with whom I used to be in Tarsus a city of Cilicia. And when I was released from this life of time, and stood before my Lord, thus said he unto me: Paul, have we shown all these things unto thee that thou shouldst deposit them under the foundations of a house? Then send and disclose concerning this revelation, that men may read it and turn to the way of truth, that they also may not come to these bitter torments. And thus was this revelation discovered. . . .

'Thou didst appear unto me at the time when I was wishing to marry a wife in the period of my youth, and Thou didst say unto me, "John, I have need of thee." Thou didst in the beginning act as the steward of my body, when the desires caused by the sicknesses of the body arose, and it was Thou Who didst prevent me from gratifying them on many occasions when I was wishing to marry a wife. Afterwards Thou didst speak to me at the third hour of the day on the sea, saying, "John, if it be that thou dost not in truth belong to Me, I will withdraw Myself from thee. Take thou a wife, and thou shalt make thyself to become blind in both thine eyes; thou shalt suffer grief, [then] thou wilt pray unto Me." Thou it was Who didst open my heart three times in the same year, and Thou didst graciously bestow upon me other eyes, which did not make themselves visible. Thou it was Who didst make the joyful expectation of the contemplation of women to become to me an abomination. Thou it was Who didst deliver me from a fleeting phantasy, and didst keep me for the life which endureth for ever. Thou it was Who didst make me to become a stranger to the madness of evil which ariseth in the flesh, and didst make me to be remote from the death which is bitter. Thou it was Who didst deliver me from the second death, that is to say, the Gehenna of fire, and didst make me to stand up, being a pure man. Thou it was Who didst stop the mouth of the disease which appertained to my soul, and didst prevent the committal of the act which appertained thereto, or rather the outward and manifest works which are wont to be performed by the body. Thou it was Who didst deliver me, and didst cast out from my heart that which disturbed me sorely. Thou it was Who didst prepare me to come unto Thee in a state of innocency (or, holiness). Thou it was Who didst make my thoughts concerning Thee to be unpolluted. Thou it was who didst graciously grant unto me the faith in Thee which was undivided. Thou it was Who didst make my thoughts and my counsels to incline ever more and more towards Thee. Thou dost give unto each man according to his works. It was Thou Who didst deposit in my soul the intention not to permit anything whatsoever except Thyself to enter into me. For what can I find which is more choice or more pure than Thee? And now I have found Thee. And I have fulfilled the stewardship which Thou didst commit to me; make me therefore worthy to enjoy rest in Thy holy repose. Do thou bestow upon me graciously the perfection which is in Thee, that is to say, the sinlessness and the salvation, which cannot be described, and which cannot be pried into, and which are beyond the comprehension [of man]. I come unto Thee, my Lord Jesus, the Christ. Let the fire die down, and let the darkness withdraw itself, and let Chaos become helpless, and let the furnace of blazing fire be without power, and let Gehenna be extinguished, and let the holy angels accompany me, and let the demons shake with fear. Let them (i.e. the holy angels) wound the Principalities, and let the Powers of darkness withdraw themselves and fall down headlong. Let the Places which are on the right hand stand on their feet. May Diabolos be put to shame, and Satan made an object of ridicule. May his wrath be quenched, and may his raving madness be suppressed. May his honour be disgraced, and his pride wounded; may his sons be dragged downwards, and may all their roots be pulled out. Grant Thou unto me the power to walk, and strengthen me so that I may complete my course without suffering and without trouble. I come unto Thee, my Lord, that I may receive the good things of those who live in holiness.'

Saying this, I laid stress on him, and the flask became as if depleted of air. And I placed it under the stone, and (the spirit) girded himself up, and lifted it up top of the flask. And the flask went up the steps, carrying the stone, and laid it down at the end of the entrance of the Temple. And I Solomon, beholding the stone raised aloft and placed on a foundation, said: "Truly the Scripture is fulfilled, which says: 'The stone which the builders rejected on trial, that same is become the head of the corner.' For this it is not mine to grant, but God's, that the demon should be strong enough to lift up so great a stone and deposit it in the place I wished."

And let the man whom thou placest over Egypt appoint officers under him, that they gather in all the food of the good years that are coming, and let them lay up corn and deposit it in thy appointed stores.

Experiments upon enemies may be performed in several ways, but, whether with waxen images or some other instrument, the particulars of each must be diligently and faithfully observed. Should the day and hour fail thee, proceed as already laid down, and prepare the image or instrument proper to this effect in the order and manner thereof. Fumigate with the proper perfumes, and if writing be required on the image, let it be done with the needle or stylet of the art, as aforesaid. Next recite the following words once over the said image:- VSOR, DILAPIDATOR, TENTATORE, SOMNIATORE, DEVORATOR, CONCISOR, ET SEDUCTOR. O all ye ministers and companions, I direct, conjure, constrain and command you to fulfil this behest willingly, namely, straightway to consecrate this image, which is to be done in the name of N., that as the face of the one is contrary to the other, so the same may never more look upon another. Deposit the image in some place perfumed with evil odours, especially those of Mars, such as sulphur and assafoetida. Let it remain there for one night, having duly asperged it, observing the proper hour and time. Do likewise when the experiment is performed with characters and names, by touching the lovers with words, or by whatsoever other manner. But when the experiment is made by giving something to be eaten, the same must be performed on the day and hour proper to this work. All things being prepared, place them before you, and say: Where are ye, SOMNIATOR, VSOR, DILAPIDATOR, TENTATOR, DIVORATOR, CONCISOR, SEDUCTOR, ye who sow discord, where are you? Ye who infuse hatred and propagate enmities, I conjure you by him who hath created you for this ministry, to fulfill this work, in order that whenever N. shall eat of like things, or shall touch them, in whatsoever manner, never shall he go in peace. Give then whatsoever you please to the person designated, but let it be in the hour of Saturn or that of Mars, observing all things needful for such experiments.

At the third hour of the day Adam and Eve ascended into Paradise, and for three hours they enjoyed the good things thereof; for three hours they were in shame and disgrace, and at the ninth hour their expulsion from Paradise took place. And as they were going forth sorrowfully, God spake unto Adam, and heartened him, and said unto him, “ Be not sorrowful, O Adam, for I will restore unto thee thine inheritance. Behold, see how greatly I have loved thee, for though I have cursed the earth for thy sake, yet have I withdrawn thee from the operation of the curse. As for the serpent, in the land which is under the curse, behold, I will send my Son. And He shall go down [from heaven] for thy redemption, and He shall sojourn in a Virgin, and shall put on a body [of flesh], and through Him redemption and a return shall be effected for thee. But command thy sons, and order them to embalm thy body after thy death with myrrh, cassia, and stakte. And they shall place thee in this cave, wherein I am making you to dwell this day, until the time when your expulsion shall take place from the regions of Paradise to that earth which is outside it. And whosoever shall be left in those days shall take thy body with him, and shall deposit it on the spot which I shall show him, in the centre of the earth; for in that place shall redemption be effected for thee and for all thy children.’’ And God revealed unto Adam everything which the Son would suffer on behalf of him.

And when Adam had lived nine hundred and thirty years, that is to say, until the one hundred and thirty-fifth year of, Mahlalail, the day of his death drew nigh and came. And Seth, his son, and Anésh, and Kainan, and Mahlalail gathered themselves together and came to him. And they were blessed by him, and he prayed over them. And he commanded his son Seth, and said unto him, “ Observe, my son Seth, that which I command thee this day, and do thou on the day of thy death give my command to Anésh, and repeat it to him, and let him repeat it to Kainan, and Kainan shall repeat it to Mahlalail, and let this [my] command be handed on to all your generations. And when I die, embalm me with myrrh, and cassia, and stakte, and deposit my body in the Cave of Treasures. And whosoever shall be left of your generations in that day, when your going forth from this country, which is round about Paradise, shall take place, shall carry my body with him, and shall take it and deposit it in the centre of the earth, for in that place shall redemption be effected for me and for all my children. And be thou, O my son Seth, governor of the sons of thy people. And thou shalt rule them purely and holily in all the fear of God. And keep ye your offspring Separate from the offspring of Cain, the murderer,”

And when Adam had lived nine hundred and thirty years, that is to say, until the one hundred and thirty-fifth year of, Mahlalail, the day of his death drew nigh and came. And Seth, his son, and Anésh, and Kainan, and Mahlalail gathered themselves together and came to him. And they were blessed by him, and he prayed over them. And he commanded his son Seth, and said unto him, “ Observe, my son Seth, that which I command thee this day, and do thou on the day of thy death give my command to Anésh, and repeat it to him, and let him repeat it to Kainan, and Kainan shall repeat it to Mahlalail, and let this [my] command be handed on to all your generations. And when I die, embalm me with myrrh, and cassia, and stakte, and deposit my body in the Cave of Treasures. And whosoever shall be left of your generations in that day, when your going forth from this country, which is round about Paradise, shall take place, shall carry my body with him, and shall take it and deposit it in the centre of the earth, for in that place shall redemption be effected for me and for all my children. And be thou, O my son Seth, governor of the sons of thy people. And thou shalt rule them purely and holily in all the fear of God. And keep ye your offspring Separate from the offspring of Cain, the murderer,”

And when Yaréd had lived nine hundred and sixty years, and the day of his departure approached, and came nigh, and arrived, all the Patriarchs gathered themselves together and came unto him, viz. Enoch, his first-born, and Methuselah, and Lamech, and Noah, they and their wives and their children, and were blessed by him. And he prayed over them, and said unto them, ‘“‘ I will make you to swear by the holy blood of Abel that ye will not go down from this holy mountain; for I know that God will not allow you to remain very much longer in this holy country. Inasmuch as ye have transgressed the commandment of your fathers, ye shall surely be cast out into that outer country, and ye shall no longer have your habitation on the skirts [of the mountain] of Paradise. And take ye good heed to this. Let him that is among you who shall go forth from that holy country take with him 'the body of our father Adam, and the offerings [of gold, frankincense, and myrrh} that are in the Cave of Treasures, and let him carry away and deposit the body in the place wherein he shall be commanded by God to set it down. And thou, my son Enoch, depart thou not from before the body of Adam, but minister before God purely and holily all the days of thy life.’ And Y4réd died, [being] nine hundred and sixty-two years old, on the thirteenth day of the month of Iyar (May), on the day of the Eve of the Sabbath (Friday), at sunset, in the three hundred and sixty-sixth year of the life of Noah. And Enoch his son embalmed him, and buried him in the Cave of Treasures; and they made mourning for him forty days.

“And when the waters of the Flood have subsided from the face of the earth, and ye go forth from the Ark, and ye take up your abode in that land, thou, O Noah, the blessed of the Lord, shall not depart from the Ark, from the body of our father Adam, but minister thou before God in the Ark purely and holily all the days of thy life. And these offerings shall be placed in the east. And command thou Shem, thy firstborn, to take up with him, after thy death, the body of our father Adam, and to carry it and deposit it in the middle of the earth. And let him establish there a man from among his descendants who shall minister there. And he shall be one who is set apart (nezérd) all the days of his life. He shall not take a wife, he shall not shed blood, he shall not offer up these offerings of wild animals and feathered fowl; but he shall offer unto God bread and wine, for by these redemption shall be made for Adam and all his posterity. And the Angel of God shall go before him, and he shall show him the place where the middle of the earth is situated. And the apparel of him that shall stand up there to minister before the body of Adam shall be the skins of wild animals. He shall not shave off the hair of his head, and he shall not cut his nails, but he shall remain alone (in his natural state?) because he is the priest of God, the Most High.”

And Noah lived three hundred and fifty years after he came forth from the Ark. And when he was sick unto death, Shem, and Ham, and Japhet, and Arpakhshar (Arphaxad), and Shalah (Salah) gathered together unto him. And Noah called Shem, his firstborn, and said unto him privily, “‘ Take heed, my son Shem, unto what I say unto thee this day. When I am dead, go into the Ark, wherein thou hast been saved, and bring out the body of our father Adam, and let no man have knowledge of what thou doest. And take with thee from this place provision for the way, bread and wine, and take with thee Melchisedek, the son of Malakh, because him hath God chosen from among all your descendants that he may minister before Him in respect of the body of our father Adam. And take the body and place it in the centre of the earth, and make Melchisedek to ~sit down there. And the Angel of God shall go before you, and shall show you the way wherein ye shall go, and also the place wherein the body of Adam shall be deposited, which is, indeed, the centre of the earth. There the four quarters of the earth embrace each other. For when God made the earth His power went before it, and the earth, from [its] four quarters, ran after it, like the winds and the swift breezes, and there (i.e. in the centre of the earth) His power stood still and was motionless. There shall redemption be made for Adam, and for all his posterity. Now this story, or mystery, was handed down to us from Adam in all generations. Adam commanded Seth, and Seth commanded Anésh (Enos), and Anésh commanded Kainan (Cainan), and Kainan commanded Mahlalail, and Mahlalail commanded YAaréd, and Yared commanded Enoch, and Enoch commanded Methuselah, and Methuselah commanded Lamech: and behold, I command thee this day. And take heed that this story is never mentioned again in all your generations. Get thee up, and take the body of Adam, and deposit it secretly in the place which God shall show thee 124 THE-CAVE OF TREASURES until the day of redemption.’”’ And when Noah had given all these commands unto his son Shem, he died, [being] nine hundred and fifty years old, in the month of Iyar (May), on the second day thereof, at the second hour of the first day of the week (Sunday). And Shem his son embalmed him, and buried him in the city which he had built (i.e. Themanén), and they made a mourning for him forty days.

"And Melchisedec, the Receiver of the Light; purifieth those powers and carrieth their light into the Treasury of the Light, while the servitors of all the rulers gather together all matter from them all; and the servitors of all the rulers of the Fate and the servitors of the sphere which is below the æons, take it and fashion it into souls of men and cattle and reptiles and wild-beasts and birds, and send them down into the world of mankind. And further the receivers of the sun and the receivers of the moon, if they look above and see the configurations of the paths of the æons and the configurations of the Fate and those of the sphere, then they take from them the light-power; and the receivers of the sun get it ready and deposit it, until they hand it over to the receivers of Melchisedec, the Light-purifier. And their material refuse they bring to the sphere which is below the æons, and fashion it into [souls of] men, and fashion it also into souls of reptiles and of cattle and of wild-beasts and of birds, according to the circle of the rulers of that sphere and according to all the configurations of its revolution, and they cast them into this world of mankind, and they become souls in this region, as I have just said unto you.

"Thus they give commandment to their servitors, that they may deposit it into the bodies of the antitype. And following this fashion the servitors of the rulers bring the power and the soul and the counterfeiting spirit, bring them down to the world, and pour [them] out into the world of the rulers of the midst. The rulers of the midst look after the counterfeiting spirit; and also the destiny, whose name is Moira, leadeth the man until it hath him slain through the death appointed unto him, which the rulers of the great Fate have bound to the soul. And the servitors of the sphere bind the soul and the power and the counterfeiting spirit and the destiny. And they portion them all and make them into two portions and seek after the man and also after the woman in the world to whom they have given signs, in order that they may send them into them. And they give one portion to the man and one portion to the woman in a victual of the world or in a breath of the air or in water or in a kind which they drink.

"Now, therefore, for the sake of sinners have I rent myself asunder and am come into the world, that I may save them. For even for the righteous, who have never done any evil and have not sinned at all, it is necessary that they should find the mysteries which are in the Books of Yew, which I have made Enoch write in Paradise, discoursing with him out of the tree of the Gnosis and out of the tree of the Life. And I made him deposit them in the rock Ararad, and set the ruler Kalapataurōth, who is over Skemmūt, on whose head is the foot of Yew, and who surroundeth all æons and Fates,--I set up that ruler as watcher over the Books of Yew on account of the flood, and in order that none of the rulers may be envious of them and destroy them. These will I give you, when I shall have told you the expansion of the universe."

A man may deposit in his field three dung-heaps for every bet seah [and even] more, the words of Rabbi Shimon. The sages forbid unless he [deposits them] three [handbreadths] below or three handbreadths above. A man may pile up all the manure into one [large] store. Rabbi Meir forbids unless he [deposits them] three [handbreadths] below or three handbreadths above. If he had just a little, he may constantly add to it. Rabbi Elazar ben Azariah forbids unless he [deposits them] three [handbreadths] below or three handbreadths above or until he places them on a rock.

If a store-chamber was cleared of terumah wheat, they do not need to force him to sit down and collect each grain, but rather he may sweep it all up in his usual manner and then deposit hullin in it.

A man died and left a wife, a creditor, and heirs and he also had a deposit or a loan in the possession of others: Rabbi Tarfon says: It shall be given to the one who is under the greatest disadvantage. Rabbi Akiva says: We do not show mercy in a matter of law. Rather it shall be given to the heirs, for whereas all the others must take an oath the heirs need not take any oath.

The following may be recited in any language:the section concerning the sotah, the confession made at the presentation of tithes, the shema, the prayer (the amidah), the grace after meals, the oath concerning testimony, the oath concerning a deposit.

If one bringing a get in the land of Israel becomes sick, he can send it with another. But if [the husband] said to him, “Take for me from her such-and-such an object”, he may not send it [the get] with another, since the husband may not want his deposit in the hand of another.

If he had paid him the value and had sworn [falsely] to him concerning the [added] fifth, he must pay a fifth on the fifth [and so on] until the value [of the added fifth] becomes less than a perutah’s worth. So too with a deposit, as it says: “In a matter of deposit or a pledge or through robbery, or by defrauding his fellow, or by finding something lost and lying about it” (Leviticus 5:21-2, such a one must pay the value and the [added] fifth and bring a Guilt-offering. [If a man said], “Where is my deposit?” and the other said, “It is lost,” [if the one says,] “I adjure thee”, and the other says, “Amen!”, and witnesses testify against him that he consumed it, he need pay [only] the value. But if he confessed it of himself, he must repay the value and the [added] fifth and bring a Guilt-offering.

If he had paid him the value and had sworn [falsely] to him concerning the [added] fifth, he must pay a fifth on the fifth [and so on] until the value [of the added fifth] becomes less than a perutah’s worth. So too with a deposit, as it says: “In a matter of deposit or a pledge or through robbery, or by defrauding his fellow, or by finding something lost and lying about it” (Leviticus 5:21-2, such a one must pay the value and the [added] fifth and bring a Guilt-offering. [If a man said], “Where is my deposit?” and the other said, “It is lost,” [if the one says,] “I adjure thee”, and the other says, “Amen!”, and witnesses testify against him that he consumed it, he need pay [only] the value. But if he confessed it of himself, he must repay the value and the [added] fifth and bring a Guilt-offering.

If he had paid him the value and had sworn [falsely] to him concerning the [added] fifth, he must pay a fifth on the fifth [and so on] until the value [of the added fifth] becomes less than a perutah’s worth. So too with a deposit, as it says: “In a matter of deposit or a pledge or through robbery, or by defrauding his fellow, or by finding something lost and lying about it” (Leviticus 5:21-2, such a one must pay the value and the [added] fifth and bring a Guilt-offering. [If a man said], “Where is my deposit?” and the other said, “It is lost,” [if the one says,] “I adjure thee”, and the other says, “Amen!”, and witnesses testify against him that he consumed it, he need pay [only] the value. But if he confessed it of himself, he must repay the value and the [added] fifth and bring a Guilt-offering.

[If a man said], “Where is my deposit?” and the other said, “It is stolen,” [if the one says,] “I adjure thee”, and the other says, “Amen!”, and witnesses testify against him that he stole it, he must make twofold restitution. But if he confessed it of himself, he must repay the value and the [added] fifth and bring a Guilt-offering.

If a man stole something from his friend in an inhabited region or borrowed it or received it as a deposit, he may not return it to him in the wilderness. But if he [had borrowed it or received it] with the understanding that he was going out to the wilderness, he may return it to him in the wilderness.

If a man makes personal use of a deposit: Bet Shammai holds that he is at a disadvantage whether the value rises or falls. Bet Hillel says: [He must restore the deposit] at its value at the time at which he put it to use. Rabbi Akiva says: [He must restore the deposit] at its value at the time at which it is claimed. One who expresses his intention to use a deposit [for personal use]: Bet Shammai says he is liable [for any subsequent damage to the deposit, as if he had already made use of it]. Bet Hillel says: He is not liable until he actually uses it, as it says (Exodus 22:7): “If he had not put his hand onto his neighbor’s property”. How is this so? If he tilted the jug and took a quarter-log of wine and the jug was then broken, he only pays the quarter-log. If he lifted it and then took a quarter-log and the jug was then broken, he pays for the whole jug.

If a man makes personal use of a deposit: Bet Shammai holds that he is at a disadvantage whether the value rises or falls. Bet Hillel says: [He must restore the deposit] at its value at the time at which he put it to use. Rabbi Akiva says: [He must restore the deposit] at its value at the time at which it is claimed. One who expresses his intention to use a deposit [for personal use]: Bet Shammai says he is liable [for any subsequent damage to the deposit, as if he had already made use of it]. Bet Hillel says: He is not liable until he actually uses it, as it says (Exodus 22:7): “If he had not put his hand onto his neighbor’s property”. How is this so? If he tilted the jug and took a quarter-log of wine and the jug was then broken, he only pays the quarter-log. If he lifted it and then took a quarter-log and the jug was then broken, he pays for the whole jug.

If a man makes personal use of a deposit: Bet Shammai holds that he is at a disadvantage whether the value rises or falls. Bet Hillel says: [He must restore the deposit] at its value at the time at which he put it to use. Rabbi Akiva says: [He must restore the deposit] at its value at the time at which it is claimed. One who expresses his intention to use a deposit [for personal use]: Bet Shammai says he is liable [for any subsequent damage to the deposit, as if he had already made use of it]. Bet Hillel says: He is not liable until he actually uses it, as it says (Exodus 22:7): “If he had not put his hand onto his neighbor’s property”. How is this so? If he tilted the jug and took a quarter-log of wine and the jug was then broken, he only pays the quarter-log. If he lifted it and then took a quarter-log and the jug was then broken, he pays for the whole jug.

If a man makes personal use of a deposit: Bet Shammai holds that he is at a disadvantage whether the value rises or falls. Bet Hillel says: [He must restore the deposit] at its value at the time at which he put it to use. Rabbi Akiva says: [He must restore the deposit] at its value at the time at which it is claimed. One who expresses his intention to use a deposit [for personal use]: Bet Shammai says he is liable [for any subsequent damage to the deposit, as if he had already made use of it]. Bet Hillel says: He is not liable until he actually uses it, as it says (Exodus 22:7): “If he had not put his hand onto his neighbor’s property”. How is this so? If he tilted the jug and took a quarter-log of wine and the jug was then broken, he only pays the quarter-log. If he lifted it and then took a quarter-log and the jug was then broken, he pays for the whole jug.

If a man makes personal use of a deposit: Bet Shammai holds that he is at a disadvantage whether the value rises or falls. Bet Hillel says: [He must restore the deposit] at its value at the time at which he put it to use. Rabbi Akiva says: [He must restore the deposit] at its value at the time at which it is claimed. One who expresses his intention to use a deposit [for personal use]: Bet Shammai says he is liable [for any subsequent damage to the deposit, as if he had already made use of it]. Bet Hillel says: He is not liable until he actually uses it, as it says (Exodus 22:7): “If he had not put his hand onto his neighbor’s property”. How is this so? If he tilted the jug and took a quarter-log of wine and the jug was then broken, he only pays the quarter-log. If he lifted it and then took a quarter-log and the jug was then broken, he pays for the whole jug.

“I adjure you that you come and bear testimony for me that there are of mine in the possession of so-and-so a deposit, a loan, a stolen object, and a lost object”; [And they respond]: “We swear we know no testimony for you”, they are liable only once. “We swear we know not that there are of yours in the possession of so-and-so a deposit, a loan, a stolen object, and a lost object”, they are liable for each one. “I adjure you that you bear testimony for me that there is of mine in the possession of so-and-so a deposit of wheat, barley, and spelt”; [And they respond]: “We swear we know no testimony for you”, they are liable only once. “We swear we know no testimony for you that there is of yours in the possession of so-and-so a deposit of wheat, barley, and spelt”, they are liable for each one.

“I adjure you that you come and bear testimony for me that there are of mine in the possession of so-and-so a deposit, a loan, a stolen object, and a lost object”; [And they respond]: “We swear we know no testimony for you”, they are liable only once. “We swear we know not that there are of yours in the possession of so-and-so a deposit, a loan, a stolen object, and a lost object”, they are liable for each one. “I adjure you that you bear testimony for me that there is of mine in the possession of so-and-so a deposit of wheat, barley, and spelt”; [And they respond]: “We swear we know no testimony for you”, they are liable only once. “We swear we know no testimony for you that there is of yours in the possession of so-and-so a deposit of wheat, barley, and spelt”, they are liable for each one.

“I adjure you that you come and bear testimony for me that there are of mine in the possession of so-and-so a deposit, a loan, a stolen object, and a lost object”; [And they respond]: “We swear we know no testimony for you”, they are liable only once. “We swear we know not that there are of yours in the possession of so-and-so a deposit, a loan, a stolen object, and a lost object”, they are liable for each one. “I adjure you that you bear testimony for me that there is of mine in the possession of so-and-so a deposit of wheat, barley, and spelt”; [And they respond]: “We swear we know no testimony for you”, they are liable only once. “We swear we know no testimony for you that there is of yours in the possession of so-and-so a deposit of wheat, barley, and spelt”, they are liable for each one.

“I adjure you that you come and bear testimony for me that there are of mine in the possession of so-and-so a deposit, a loan, a stolen object, and a lost object”; [And they respond]: “We swear we know no testimony for you”, they are liable only once. “We swear we know not that there are of yours in the possession of so-and-so a deposit, a loan, a stolen object, and a lost object”, they are liable for each one. “I adjure you that you bear testimony for me that there is of mine in the possession of so-and-so a deposit of wheat, barley, and spelt”; [And they respond]: “We swear we know no testimony for you”, they are liable only once. “We swear we know no testimony for you that there is of yours in the possession of so-and-so a deposit of wheat, barley, and spelt”, they are liable for each one.

[If a man said,] “I adjure you that you come and bear testimony for me that so-and-so promised to give me two hundred zuz, and did not give me”, they are exempt, for they are liable only for a money claim as [in the case of] deposit.

The oath of deposit applies to men and women, to non-relatives and relatives, to those qualified [to bear testimony] and those unqualified; before the court and not before the court, [if uttered] from his own mouth. And [if adjured] by the mouth of others, he is not liable unless he denies it before the court, according to the words of Rabbi Meir. But the Sages say, whether [uttered] from his own mouth or [adjured] by the mouth of others since he denied it, he is liable. And he is liable for intentional transgression of the oath, and for its unintentional transgression coupled with intentional [denial of having received the] deposit, but he is not liable for unintentional transgression. And what is he liable for the intentional transgression of the oath? A guilt offering of [the value of] two shekels of silver.

The oath of deposit applies to men and women, to non-relatives and relatives, to those qualified [to bear testimony] and those unqualified; before the court and not before the court, [if uttered] from his own mouth. And [if adjured] by the mouth of others, he is not liable unless he denies it before the court, according to the words of Rabbi Meir. But the Sages say, whether [uttered] from his own mouth or [adjured] by the mouth of others since he denied it, he is liable. And he is liable for intentional transgression of the oath, and for its unintentional transgression coupled with intentional [denial of having received the] deposit, but he is not liable for unintentional transgression. And what is he liable for the intentional transgression of the oath? A guilt offering of [the value of] two shekels of silver.

The oath of deposit how? If he said to him: “Give me my deposit which I have in your possession” [and the other replied:] “I swear that you have nothing in my possession”; or he replied to him; “You have nothing in my possession,” [and the depositor said:] “I adjure you”, and he responded, “Amen!”, he is liable. If he adjured him five times, whether before the court or not before the court, and he denied, he is liable for each one. Rabbi Shimon said: “What is the reason? Because he can retract and admit.”

The oath of deposit how? If he said to him: “Give me my deposit which I have in your possession” [and the other replied:] “I swear that you have nothing in my possession”; or he replied to him; “You have nothing in my possession,” [and the depositor said:] “I adjure you”, and he responded, “Amen!”, he is liable. If he adjured him five times, whether before the court or not before the court, and he denied, he is liable for each one. Rabbi Shimon said: “What is the reason? Because he can retract and admit.”

If five claimed from him, and said to him: “Give us the deposit that we have in your possession,” [and he replied:] “I swear that you have nothing in my possession,” he is liable only once. [If he said:] “I swear that you have nothing in my possession, nor you, nor you,” he is liable for each one. Rabbi Eliezer says: “Only if he says, ‘I swear’ at the end.” Rabbi Shimon says: “Only if he says, ‘I swear’ to each one.” “Give me the deposit, loan, theft, and lost object that I have in your possession,” [and he replied], “I swear that you do not have these in my possession,” he is liable only once. “I swear that you do not have in my possession a deposit, a loan, a theft, and a lost object,” he is liable for each one. “Give me the wheat, barley, and spelt that I have in your possession”, [and he replied], “I swear that you do not have these in my possession,” he is liable only once. “I swear that you do not have in my possession wheat, barley, and spelt,” he is liable for each one. Rabbi Meir said: “Even if he said, ‘... A grain of wheat, barley and spelt,’ he is liable for each one.

If five claimed from him, and said to him: “Give us the deposit that we have in your possession,” [and he replied:] “I swear that you have nothing in my possession,” he is liable only once. [If he said:] “I swear that you have nothing in my possession, nor you, nor you,” he is liable for each one. Rabbi Eliezer says: “Only if he says, ‘I swear’ at the end.” Rabbi Shimon says: “Only if he says, ‘I swear’ to each one.” “Give me the deposit, loan, theft, and lost object that I have in your possession,” [and he replied], “I swear that you do not have these in my possession,” he is liable only once. “I swear that you do not have in my possession a deposit, a loan, a theft, and a lost object,” he is liable for each one. “Give me the wheat, barley, and spelt that I have in your possession”, [and he replied], “I swear that you do not have these in my possession,” he is liable only once. “I swear that you do not have in my possession wheat, barley, and spelt,” he is liable for each one. Rabbi Meir said: “Even if he said, ‘... A grain of wheat, barley and spelt,’ he is liable for each one.

If five claimed from him, and said to him: “Give us the deposit that we have in your possession,” [and he replied:] “I swear that you have nothing in my possession,” he is liable only once. [If he said:] “I swear that you have nothing in my possession, nor you, nor you,” he is liable for each one. Rabbi Eliezer says: “Only if he says, ‘I swear’ at the end.” Rabbi Shimon says: “Only if he says, ‘I swear’ to each one.” “Give me the deposit, loan, theft, and lost object that I have in your possession,” [and he replied], “I swear that you do not have these in my possession,” he is liable only once. “I swear that you do not have in my possession a deposit, a loan, a theft, and a lost object,” he is liable for each one. “Give me the wheat, barley, and spelt that I have in your possession”, [and he replied], “I swear that you do not have these in my possession,” he is liable only once. “I swear that you do not have in my possession wheat, barley, and spelt,” he is liable for each one. Rabbi Meir said: “Even if he said, ‘... A grain of wheat, barley and spelt,’ he is liable for each one.

If a man lends [money] to his neighbor on a pledge, and the pledge was lost, and he said to him: “I lent you a sela on it, and it [the pledge] was worth a shekel,” and the other says, “No! You lent me a sela on it, and it was worth a sela”, he is exempt. “I lent you a sela” on it, and it was worth a shekel,” and the other says, “No! You lent me a sela on it, and it was worth three denarii,” he is liable. “You lent me a sela on it, and it was worth two,” and the other says, “No! I lent you a sela on it, and it was worth a sela”,” he is exempt. “You lent me a sela on it, and it was worth two,” and the other says: “No! I lent you a sela on it, and it was worth five denarii,” he is liable. And who takes the oath? He who had the deposit, lest, if the other take the oath, this one may bring out the deposit.

If a man lends [money] to his neighbor on a pledge, and the pledge was lost, and he said to him: “I lent you a sela on it, and it [the pledge] was worth a shekel,” and the other says, “No! You lent me a sela on it, and it was worth a sela”, he is exempt. “I lent you a sela” on it, and it was worth a shekel,” and the other says, “No! You lent me a sela on it, and it was worth three denarii,” he is liable. “You lent me a sela on it, and it was worth two,” and the other says, “No! I lent you a sela on it, and it was worth a sela”,” he is exempt. “You lent me a sela on it, and it was worth two,” and the other says: “No! I lent you a sela on it, and it was worth five denarii,” he is liable. And who takes the oath? He who had the deposit, lest, if the other take the oath, this one may bring out the deposit.

“He whose opponent is suspected of taking a false oath,” How so? Whether it be the oath of testimony, or the oath of deposit, or even a vain oath. If one [of the litigants] was a dice-player, or usurer, or pigeon-flyer, or dealer in the produce of the seventh year, his opponent takes the oath and collects [his claim]. If both are suspect, the oath returns to its place, these are the words of Rabbi Yose. Rabbi Meir says: “They divide [the claim].”

If the [last] day of the twelve months has arrived and it was not redeemed, it becomes his permanent [possession]. This applies whether he bought it or received it as a gift, as it is said: “beyond reclaim” (Leviticus 25:30). In earlier times, he [the buyer] would hide on the last day of the twelve months, so that [the house] might become his permanent [possession]. Hillel enacted that he [the seller] could deposit his money in the chamber and break down the door and enter, and that the other [the buyer], whenever he wanted, might come and take his money.

The following bring a sacrifice for willful as well as for inadvertent transgressions: One who has intercourse with a female slave, A nazirite who has become unclean, For a false oath concerning testimony; And for a false oath concerning a deposit.

Rebbi Abbahu in the name of Rebbi Eleazar: He who puts on tefillin in the night transgresses a positive commandment. What is the reason? (Ex. 13:10) “ “You shall keep this law in its time, from day to day;” “days” not night, “to days” to exclude Sabbaths and holidays. But Rebbi Abbahu sat studying at night with his tefillin on his head! He put them on the side; they were like a deposit in his keeping. Some want to say, he only meant not to put them on, but when they were on him during daytime it would be permitted. Some want to say, let us hear it from there (Ex. 13:9): “It shall be for you a sign,” when you need it for a sign, but not holiday or Sabbaths that are all sign. But is it not written “to days”? You have only what Rebbi Yoḥanan said: Everything that is not clear one supports from many places.

HALAKHAH: What is done? ‘From before I shall separate it.’ Think about it, if it was pure heave, ‘from before I shall eat it.’ Think about it, if it was impure heave, ‘from before I shall deposit it in a corner.’

It is written (Gen. 47:30): “You shall carry me from Egypt and bury me in their burial place.” What would Jacob lose at any place he would be? Rebbi Eleazar gave an inner reason, Rebbi Ḥanina gave an inner reason, Rebbi Joshua ben Levi gave an inner reason. What is the inner reason? Rebbi Simeon ben Laqish said, (Ps. 116:9) “I will walk before the Eternal in the Land of Life.” But the lands of life are only Tyre and its surroundings and Caesarea (maritima) and its surroundings; there is cheap (food), there is satiety. Rebbi Simeon ben Laqish in the name of Bar Qappara, the Land whose dead will live again in the days of the Messiah. What is the reason? (Is. 42:9) “He gives soul to the people on it.” That would mean that our teachers in the diaspora would lose out! Rebbi Simai said, the Holy One, praised be He, makes the earth erode before them and they roll like wine barrels. When they arrive at the Land of Israel their souls return to them. What is the reason? (Ez. 37:12) “I shall deposit you on the territory of Israel,” (v. 14) “give My spirit into you, and you will live.”

“ How does one not take it as a pledge? He who enters another’s house to take a pledge should not take his debtor’s Second Tithe as pledge.” It was stated: “One does not give it as a deposit and he should not give it to a grocer to receive food in its value.” If one transgressed and took as pledge, trangressed and gave as deposit? It shall be as the following: “If somebody eats his Second Tithe, whether in error or intentionally, he shall cry out to Heaven, the words of Rabban Simeon ben Gamliel. Rebbi says, in error he shall cry out to Heaven, intentionally the money’s worth shall be restituted. If it was money, in error he shall cry out to Heaven, intentionally the money’s worth shall be restituted, the words of Rabban Simeon ben Gamliel. Rebbi says, whether in error or intentionally, the money’s worth shall be restituted.” Rebbi Zeriqa in the name of Ḥizqiah: Practice follows Rebbi for money and Rabban Simeon ben Gamliel for produce. Rebbi Ila said, there was a case about money and they instructed following Rebbi.

“ How does one not take it as a pledge? He who enters another’s house to take a pledge should not take his debtor’s Second Tithe as pledge.” It was stated: “One does not give it as a deposit and he should not give it to a grocer to receive food in its value.” If one transgressed and took as pledge, trangressed and gave as deposit? It shall be as the following: “If somebody eats his Second Tithe, whether in error or intentionally, he shall cry out to Heaven, the words of Rabban Simeon ben Gamliel. Rebbi says, in error he shall cry out to Heaven, intentionally the money’s worth shall be restituted. If it was money, in error he shall cry out to Heaven, intentionally the money’s worth shall be restituted, the words of Rabban Simeon ben Gamliel. Rebbi says, whether in error or intentionally, the money’s worth shall be restituted.” Rebbi Zeriqa in the name of Ḥizqiah: Practice follows Rebbi for money and Rabban Simeon ben Gamliel for produce. Rebbi Ila said, there was a case about money and they instructed following Rebbi.

Rebbi Jacob bar Aḥa in the name of Rebbi Zeïra: Since it was stated, “one does not take it as a pledge nor give it as a deposit”, this means that if one transgressed and took it as a pledge, trangressed and gave as a deposit, one fines him for it.

Rebbi Jacob bar Aḥa in the name of Rebbi Zeïra: Since it was stated, “one does not take it as a pledge nor give it as a deposit”, this means that if one transgressed and took it as a pledge, trangressed and gave as a deposit, one fines him for it.

It is written (Deut. 14:28): “At the end of three years you shall take out all tithe of your produce, in that year, and deposit it in your gates.” I could think that once in a Sabbatical cycle you have to distribute the tithes including the tithe of the poor. The verse says “at the end of three years,” once in three years and not once in seven; i. e., in the third and the seventh, twice in a Sabbatical cycle. Do I understand at New Year’s Day, that on New Year’s Day you have to distribute the tithes including the tithe of the poor? The verse says “at the end of three years.” “At the end” means at its conclusion you remove, you do not remove on New Year’s Day. If it is at the end of the year, I could understand that at the beginning of the fourth you have to remove the tithes including the tithe of the poor; the verse says (Deut. 26:12): “If you have finished tithing [all tithe of]78 your produce,” when you have tithed all your fruits. If it is when you have tithed all your fruits, could I understand even on Ḥanukkah? It says here, “at the end of;” it says further (Deut. 26:12): “At the end of seven years, on the fixed time of the Sabbatical year, on the festival of booths.” Since “at the end” there means at a fixed time, so here also at a fixed time. Since there “at the end” means the holiday of booths, does it here also mean the holiday of booths? The verse says “if you have finished tithing all tithe of your produce,” when you have finished tithing all of your fruits? On Passover of the fourth year.

“And weaving,” as it is written (Deut. 26:4) “The Cohen shall take the basket from your hand and deposit it,” to add that First Fruits require weaving, following Rebbi Eliezer ben Jacob.

“Not in sand.” There, we have stated: “One puts it on sand in order to wait.” This sand heats the hot and cools the cold. Straw is like the holder of a deposit; what you give it it gives to you.

Rebbi Eleazar said, a person can say on a Friday, this shall be heave tomorrow, but nobody can say on the Sabbath, this shall be heave tomorrow. Rebbi Yose ben Rebbi Abun said, nobody can say on a Friday, this shall be heave tomorrow. A Mishnah disagrees with Rebbi Yose ben Rebbi Abun: “If a vessel was immersed that day and somebody filled it from an amphora with ṭevel tithe, if he said, its contents should be heave [of the tithe] tomorrow, i. e., after nightfall, then this is heave. If he said, that should be eruv, he did not say anything.” Explain it if he transgressed. But Rebbi Ḥiyya stated: “He says,” and you say, if he transgressed? Rebbi Yose ben Rebbi Abun retracted that. What is to be done? “From before I shall separate it.” Think about it, if it was pure heave, “from before I shall eat it.” Think about it, if it was impure heave, “from before I shall deposit it in a corner.”

Rebbi Abbahu in the name of Rebbi Eleazar: He who puts on tefillin in the night transgresses a positive commandment. What is the reason? You shall keep this law …, from day to day; “days” not nights. But Rebbi Abbahu sat studying at night with his tefillin on his head! He put them on the side; they were like a deposit in his keeping. Some want to say, he only meant “not to put them on,” but when they were on him during daytime it would be permitted. Some want to say that the obligation is until the foot is disappearing from public places. Some want to say, let us hear it from the following: It shall be for you a sign, when you need it for a sign, but not holiday or Sabbaths that are all sign. But is it not written from day to day? You have only what Rebbi Joḥanan said: Everything that is not clear one supports from many places.

MISHNAH: Rebbi Jehudah says, one checks at nightfall of the Fourteenth, and on the mourning of the Fourteenth, and at the time of elimination. But the Sages say, he who did not check at nightfall of the Fourteenth has to check on the Fourteenth; he who did not check on the Fourteenth has to check on the holiday. He who did not check on the holiday has to check after the holiday. And what he leaves he should deposit at a guarded place so that he would not be obligated to repeat checking.

“And what he leaves he should deposit at a guarded place so that he would not be obligated to repeat checking.” What does he do? He covers it with a vessel. If he covered it with a vessel but did not find it. I am saying that a hand took it. If he did not cover it with a vessel and did not find it, this house needs checking. Or the other houses would not need checking? Let us hear from the following: “If the volume of an olive from a cadaver was lost in a house; it was searched but not found. The house is pure; if it will be found, the house is retroactively impure.” This can teach about that and that can teach about this. This can teach about that, there is no difference between “was lost” and “what he leaves”. And that can teach about this, only this house needs to be checked. Following Rebbi Jehudah even this house should not need to be checked, as we may hear from the following: “Rebbi Jehudah said, it happened that the slave girl of a discharged veteran at Rimmon threw a still birth into a cistern. A Cohen came and looked to know what she had thrown down. The case came before the Sages and they declared him pure for moles and martens usually drag it away.” It runs after flesh, it does not run after bread. And even if you are saying that it runs after flesh and bread, it drags away flesh and eats it; it drags away bread and stores it. The rabbis of Caesarea in the name of Rebbi Abbahu: One does not suspect that a mole dragged it, but following Rebbi Jehudah one suspects it.

MISHNAH: How is the order of the lulav? Everybody brings their lulav to the Temple Mount; the beadles accept from them and arrange them on the roof of the stoa; but the Elders deposit theirs in the lodge. One teaches them to say, it should be a gift to anybody into whose hands my lulav will come. They come early and the beadles throw them before them, and they grab and hit one another. When the Court saw that it involves danger they instituted that each person should take it in his house.

Rebbi Ḥananiah the colleague of the rabbis said, merchandize is foreclosed from the property of orphans. They wanted to say, if there are witnesses; therefore not if there are no witnesses. The Rabbis of Caesarea in the name of Rebbi La: It is necessary that witnesses know since if there are no witnesses who know it is treated as a deposit. [So we are saying,] a deposit is not forclosed from the property of minor orphans. What is the difference from a loan? A loan is given to be spent, but this was not given to be spent.

Rebbi Ḥananiah the colleague of the rabbis said, merchandize is foreclosed from the property of orphans. They wanted to say, if there are witnesses; therefore not if there are no witnesses. The Rabbis of Caesarea in the name of Rebbi La: It is necessary that witnesses know since if there are no witnesses who know it is treated as a deposit. [So we are saying,] a deposit is not forclosed from the property of minor orphans. What is the difference from a loan? A loan is given to be spent, but this was not given to be spent.

Does a court convene for repudiation? Was it not stated: Flee from three and cling to three. Cling to ḥalîṣah, annulling vows, and making peace. But flee from repudiations, from being a guarantor, and from receiving deposits. Rebbi Simeon bar Abba said, its name is not פקדון “deposit” but פק דון “go to court”. Rebbi Berekhiah said, “My son, if you became guanrantor for your neighbor.” Does a court convene for repudiation? Explain it that they were sitting in another matter and the case came before them.

“He robbed one of five people.” Rebbi Assi said, there is a Mishnah which follows Rebbi Aqiba against Rebbi Tarphon. As we have stated there: “If he said to two people, I robbed a mina from one of you but I do not know who of you it was; I received a deposit of a mina from the father of one of you but I do not know who of you it was; he gives to each of them a mina because he confessed himself.” Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: This is everybody’s opinion. One says, to be clean before Heaven. Rebbi Abba in the name of Rav Jehudah: Here, if witnesses know; there, if no witnesses know. Rebbi Hila in the name of Rebbi Eleazar: Here if they are silent; there if they are talking. Rebbi Jeremiah in the name of Rav: Here if he swore; there if he did not swear. Rebbi Joḥanan said, if he swore, he should have appointed an officer of the court and hand it over to him. Rebbi Joḥanan seems to say, a court which determined that one was a robber, not a court which determined that one was robbed. Rav said, a court which determined that one was robbed, not a court which determined that one was a robber. The strength of Rav is from the following, that Rebbi Simeon ben Eleazar said, a court which determined that one was robbed, not a court which determined that one was a robber. Otherwise he should have kept silent. Rebbi Jeremiah wanted to say, he should have kept silent and not confessed. Rebbi Yose wanted to say, he should have kept silent and not have sworn. Rebbi Yudan said, even following those who say that there is no difference between keeping silent and talking in matters of a robbery, for a deposit they agree that he who keeps silent is rewarded and he who talks loses. He who keeps silent is rewarded from the following: “Two people deposited with the same person, one a mina and one 200 [tetradrachmas]. This one says, the 200 belong to me, and that one says, the 200 belong to me. He gives each one a mina and the rest shall lie with him until Elijah comes.” He who talks loses, from this: “If he said to two people, I robbed a mina from one of you but I do not know which one of you.”

“He robbed one of five people.” Rebbi Assi said, there is a Mishnah which follows Rebbi Aqiba against Rebbi Tarphon. As we have stated there: “If he said to two people, I robbed a mina from one of you but I do not know who of you it was; I received a deposit of a mina from the father of one of you but I do not know who of you it was; he gives to each of them a mina because he confessed himself.” Rebbi Jacob bar Aḥa in the name of Rebbi Joḥanan: This is everybody’s opinion. One says, to be clean before Heaven. Rebbi Abba in the name of Rav Jehudah: Here, if witnesses know; there, if no witnesses know. Rebbi Hila in the name of Rebbi Eleazar: Here if they are silent; there if they are talking. Rebbi Jeremiah in the name of Rav: Here if he swore; there if he did not swear. Rebbi Joḥanan said, if he swore, he should have appointed an officer of the court and hand it over to him. Rebbi Joḥanan seems to say, a court which determined that one was a robber, not a court which determined that one was robbed. Rav said, a court which determined that one was robbed, not a court which determined that one was a robber. The strength of Rav is from the following, that Rebbi Simeon ben Eleazar said, a court which determined that one was robbed, not a court which determined that one was a robber. Otherwise he should have kept silent. Rebbi Jeremiah wanted to say, he should have kept silent and not confessed. Rebbi Yose wanted to say, he should have kept silent and not have sworn. Rebbi Yudan said, even following those who say that there is no difference between keeping silent and talking in matters of a robbery, for a deposit they agree that he who keeps silent is rewarded and he who talks loses. He who keeps silent is rewarded from the following: “Two people deposited with the same person, one a mina and one 200 [tetradrachmas]. This one says, the 200 belong to me, and that one says, the 200 belong to me. He gives each one a mina and the rest shall lie with him until Elijah comes.” He who talks loses, from this: “If he said to two people, I robbed a mina from one of you but I do not know which one of you.”

MISHNAH: The following are recited in the vernacular: The verses of the suspect wife, and the declaration of tithes, and the recitation of the Šema‘, and prayer, and grace, and the oath of a witness, and the oath about a deposit.

“And the oath of a witness and the oath about a deposit.” One makes him swear in his own language. If one made them swear not in their language and they said “Amen”, they are not prosecutable. As we have stated: The oath before the judges is according to our understanding, not according to your understanding. Rebbi Yudan said, it is to be assumed that he makes them swear according to his understanding. Why does he have to spell out this condition to him? Because of the uneducated, lest they say that there may be mental reservations for oaths. Rebbi Ḥanania stated before Rebbi Mana: Is there not written: “But with everybody who stands here with us today”? He said to him, the future generations do not have mental reservations.

MISHNAH: If somebody died and left his wife, a creditor, and heirs, and he was owed a deposit or a debt by a third party, Rebbi Ṭarphon says, these should be given to the weakest among them. Rebbi Aqiba says, one does not show mercy in law! But these should be given to the heirs for all others have to swear, only the heirs do not have to swear.

Is Rebbi Yose ben Rebbi Jehudah of the opinion that the “allotment” discussed here is preliminary marriage by biblical standards? Rebbi Abun said, it turns out that Rebbi Yose ben Rebi Jehudah agrees with Rebbi Simeon ben Eleazar. As it was stated: By the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. Just as Rebbi Eleazar ben Rebbi Simeon equates loan and deposit, so Rebbi Yose ben Rebbi Jehudah equates “allotment” and loan.

Is Rebbi Yose ben Rebbi Jehudah of the opinion that the “allotment” discussed here is preliminary marriage by biblical standards? Rebbi Abun said, it turns out that Rebbi Yose ben Rebi Jehudah agrees with Rebbi Simeon ben Eleazar. As it was stated: By the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. Just as Rebbi Eleazar ben Rebbi Simeon equates loan and deposit, so Rebbi Yose ben Rebbi Jehudah equates “allotment” and loan.

Is Rebbi Yose ben Rebbi Jehudah of the opinion that the “allotment” discussed here is preliminary marriage by biblical standards? Rebbi Abun said, it turns out that Rebbi Yose ben Rebi Jehudah agrees with Rebbi Simeon ben Eleazar. As it was stated: By the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. Just as Rebbi Eleazar ben Rebbi Simeon equates loan and deposit, so Rebbi Yose ben Rebbi Jehudah equates “allotment” and loan.

Rebbi Jeremiah in the name of Rav: “ ‘Be preliminarily married to me by this tetradrachma after thirty [days].’ Even if she spent it within the thirty [days], she is preliminarily married; also Rebbi Simeon ben Eleazar will agree to this.” What is the difference between this and a loan? A loan was not given for preliminary marriage, while this was given from the start for preliminary marriage. But did we not state: “If she was eating right away she is not preliminarily married unless one of them was worth a peruṭah”? Then even if a peruṭah’s worth was not left, she should be preliminarily married! He explains that as earlier. If it refers to the earlier statement, did we not state: “If she was eating immediately she is not preliminarily married unless one of them was worth a peruṭah”? Rebbi Eleazar said, it follows Rebbi Simeon ben Eleazar, as it was stated: “Be preliminarily married to me by the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married.” Rebbi Eleazar said, Rebbi Simeon ben Eleazar follows Rebbi Meïr. Just as Rebbi Meïr said that anybody who deviates from the orders of the owner is called a robber, so Rebbi Simeon ben Eleazar says here, anybody who deviates from the orders of the owner is called a robber. For he explains it to be for a loan when the lender said, buy wheat for me, but he bought barley for him. That is difficult: can one pay for a preliminary marriage with robbed money? Rebbi Yose asked: One understands that a person may invest a peruṭah to gain a denar; would he invest a peruṭah to gain a perutah? Some Tannaïm state: One may preliminarily marry with a robbed item; some Tannaïm state: One cannot preliminarily marry with a robbed item. Rebbi Mana said, the one who said that one may preliminarily marry with a robbed item refers to an item which he has a chance to recoup from her hand. The one who said that one cannot preliminarily marry with a robbed item refers to an item which he has no chance to remove from her hand. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel bar Rav Isaac: the one who said that one may preliminarily marry with a robbed item refers to an item which the owner gave up hope to recover. The one who said that one cannot preliminarily marry with a robbed item refers to an item which the owner did not give up hope to recover.

Rebbi Jeremiah in the name of Rav: “ ‘Be preliminarily married to me by this tetradrachma after thirty [days].’ Even if she spent it within the thirty [days], she is preliminarily married; also Rebbi Simeon ben Eleazar will agree to this.” What is the difference between this and a loan? A loan was not given for preliminary marriage, while this was given from the start for preliminary marriage. But did we not state: “If she was eating right away she is not preliminarily married unless one of them was worth a peruṭah”? Then even if a peruṭah’s worth was not left, she should be preliminarily married! He explains that as earlier. If it refers to the earlier statement, did we not state: “If she was eating immediately she is not preliminarily married unless one of them was worth a peruṭah”? Rebbi Eleazar said, it follows Rebbi Simeon ben Eleazar, as it was stated: “Be preliminarily married to me by the deposit you hold for me; if she went and found that it was stolen or lost, if there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married. By the loan you are holding from me, if she went and found that it was stolen or lost, even if there was no peruṭah’s worth left, she is preliminarily married. Rebbi Eleazar ben Rebbi Simeon says in the name of Rebbi Meïr, a loan is like a deposit: If there was a peruṭah’s worth left, she is preliminarily married; otherwise, she is not preliminarily married.” Rebbi Eleazar said, Rebbi Simeon ben Eleazar follows Rebbi Meïr. Just as Rebbi Meïr said that anybody who deviates from the orders of the owner is called a robber, so Rebbi Simeon ben Eleazar says here, anybody who deviates from the orders of the owner is called a robber. For he explains it to be for a loan when the lender said, buy wheat for me, but he bought barley for him. That is difficult: can one pay for a preliminary marriage with robbed money? Rebbi Yose asked: One understands that a person may invest a peruṭah to gain a denar; would he invest a peruṭah to gain a perutah? Some Tannaïm state: One may preliminarily marry with a robbed item; some Tannaïm state: One cannot preliminarily marry with a robbed item. Rebbi Mana said, the one who said that one may preliminarily marry with a robbed item refers to an item which he has a chance to recoup from her hand. The one who said that one cannot preliminarily marry with a robbed item refers to an item which he has no chance to remove from her hand. Rebbi Yose ben Rebbi Abun in the name of Rebbi Samuel bar Rav Isaac: the one who said that one may preliminarily marry with a robbed item refers to an item which the owner gave up hope to recover. The one who said that one cannot preliminarily marry with a robbed item refers to an item which the owner did not give up hope to recover.

Rebbi Abbahu in the name of Rebbi Joḥanan: The baraita if he said to her, by the deposit you are holding for me. But if he said, by everything which I deposited with you, she is not preliminarily married unless all of it is available. What is the difference between this and a loan? A loan was given to be spent; this was not given to be spent. But did we not state: “If she was eating right away she is not preliminarily married unless one of them was worth a peruṭah.” Then even if a peruṭah’ s worth was left, she should not be preliminarily married unless all of them were available! He explains that as earlier. If it refers to the earlier statement, did we not state: “If she was eating immediately she is not preliminarily married unless one of them was worth a peruṭah”? Rebbi Abun said, were we not of the opinion to say, who is the Tanna of Wawim? Rebbi Jehudah. Rebbi Joḥanan said: The words of Rebbi Jehudah imply comprehensive one sacrifice, in detail three sacrifices. Just as he says there, comprehensive one sacrifice, in detail three sacrifices, so he says here, comprehensive one preliminary marriage, in detail three preliminary marriages.

MISHNAH: He who robbed at least a peruṭa’s worth from a fellow man and swore to him should deliver it to him even in Media. He should deliver neither to [the victim’s] son nor to his agent, but he may deliver to an agent of the court, and if [the victim] had died, he has to make restitution to his heirs. If he had returned the capital but not the fifth, or [the victim] had forgiven him the capital but not the fifth or had forgiven him both except for less than a peruṭa’s worth of the capital, he need not follow him. If he had returned the fifth but not the capital, or [the victim] had forgiven him the fifth but not the capital or had forgiven him both except for a peruṭa’s worth of the capital, he has to follow him. If he paid the capital but swore on the fifth, he pays a fifth for the fifth until the capital becomes less than a peruṭa’s worth. And so “for a deposit, or a partnership, or robbery, or if he oppressed his neighbor, or found lost property and denied it, and swore falsely,” has to pay the capital, and a fifth, and a reparation sacrifice.

MISHNAH: Where is my deposit? He told him ‘it was lost’. ‘I will make you swear’ and he said ‘amen’. If witnesses testify against him that he ate it, he pays the capital. If he confessed on his own, he has to pay the capital, and a fifth, and a reparation sacrifice. Where is my deposit? He told him ‘it was stolen’. ‘I will make you swear’ and he said ‘amen’. If witnesses testify against him that he stole it, he pays double restitution. If he confessed on his own, he has to pay the capital, and a fifth, and a reparation sacrifice. He who robbed from his father and swore to him when he died has to pay capital and fifth to his sons or brothers. But if he refuses, or does not have the money, he takes a loan and the creditors come and make themselves paid.

MISHNAH: Where is my deposit? He told him ‘it was lost’. ‘I will make you swear’ and he said ‘amen’. If witnesses testify against him that he ate it, he pays the capital. If he confessed on his own, he has to pay the capital, and a fifth, and a reparation sacrifice. Where is my deposit? He told him ‘it was stolen’. ‘I will make you swear’ and he said ‘amen’. If witnesses testify against him that he stole it, he pays double restitution. If he confessed on his own, he has to pay the capital, and a fifth, and a reparation sacrifice. He who robbed from his father and swore to him when he died has to pay capital and fifth to his sons or brothers. But if he refuses, or does not have the money, he takes a loan and the creditors come and make themselves paid.

HALAKHAH: “Where is my deposit? He told him ‘it was lost’,” etc. It was stated: “One does not accept deposits from women, or slaves, or underage children. If one accepted from a woman, he should return it to her; if she died, he should return it to her husband. If one accepted from a slave, he should return it to him; if he died, he should return it to his master. From an underage child, he should return it to him, if he died he should return it to his father, and make it a safe investment. If any of these said at the moment of their death, it should be given to X because it is his property, one should follow his interpretation.” Rebbi Zebida in the name of Rebbi Abba bar Mamal: Only before witnesses. As the following: When Rebbi Abba bar Ḥana’s wife was dying, she said, these rings belong to my daughter. But he said no, they are mine. The case came before Rav who said, people are not given to lying at the time of their death.

MISHNAH: Somebody had robbed a field which subsequently was taken by discharged veterans. If it is a provincial plague, he may tell him: Here is your property before you. But if it was because of the robber, he has to give him a field. If a river had washed it away, he may say to him: Here is your property before you. He who robbed from another, or took a loan from him, or accepted a deposit in a built-up area cannot give it back to him in the desert. [If it was given] with the intent to depart for the desert, he can give it back to him in the desert.

MISHNAH: He who says to another: I robbed you, or I took a loan from you, you deposited with me, but I do not known whether I returned it to you or did not return it, is liable to pay. But if he said to him: I do not know whether I robbed you, or I took a loan from you, or you deposited with me or did not deposit, he is not liable to pay.

MISHNAH: If one deposited an animal or vessels with another and they were stolen or lost: If the other paid and did not want to swear although they said that the unpaid trustee swears and is absolved, in case the thief was found, he pays double restitution; if he slaughtered or sold it, he pays quadruple or quintuple restitution. To whom does he pay? To the person with whom it was deposited. If the other had sworn and did not pay, in case the thief was found, he pays double restitution; if he slaughtered or sold it, he pays quadruple or quintuple restitution. To whom does he pay? To the owner of the deposit.

HALAKHAH: “If one deposited an animal or vessels with another,” etc. From where does he bring this? “If the stolen object be found in his hand.” Do we not know that if the thief is found that he has to pay double? Why does the verse say, “double he shall pay”? If the verse is not needed for the case, use it for the following subject. Rebbi [ ] went to the “term” of Rebbi Yudan and asked this question before him. He answered, refer to what is stated afterwards: “If the other had sworn and did not pay, in case the thief was found, he pays double restitution; if he had slaughtered or sold it, he pays quadruple or quintuple restitution. To whom does he pay? To the owner of the deposit.” Should he not pay to the person with whom it was deposited? Rebbi Nasa in the name of Rebbi Jonah: “Alive, double he shall pay.” To the place where the capital goes, there the double fine goes. Rebbi Joḥanan and Rebbi Eleazar; Rebbi Nasa adds in the name of Rebbi Yose ben Ḥanina: Not only when he paid, but even when he stated his willingness to pay it is as if he had paid.

HALAKHAH: “If one says to two people, I robbed,” etc. Rebbi Abbahu in the name of Rebbi Joḥanan: Here if they complain, there if they are silent. Rebbi Yasa in the name of Rebbi Joḥanan: Here, if witnesses know; there, if no witnesses know. Rav Jeremiah in the name of Rav: Here if he swore; there if he did not swear. There, they say in the name of Rav: Here if he swore; there if he did not swear. Rebbi Jeremiah wanted to say, he should have kept silent and not confessed. Rebbi Yasa wanted to say, he should have kept silent and not have sworn. Rebbi Joḥanan said, if he swore, he should have appointed an officer of the court. Rebbi Joḥanan seems to say, an officer of the court determined that one was a robber, not a court which determined that one was robbed. Other Tannaїm stated, a court which determined that one was robbed, [as it was stated, Rebbi Simeon ben Eleazar said, a court which determined that one was robbed,] not a court which determined that one was a robber. Rebbi Ila said, we also have stated that the rules are identical for robbery, intercourse, and loan. Everbody agrees about the deposit mentioned in the Mishnah, from the following: “If he said to two people, I robbed a mina from one of you but I do not know which one of you it was.”

MISHNAH: If a person appropriates a deposit, the House of Shammai say, he shall be hit by less or more, but the House of Hillel say, [at the price] at the time of delivery; Rebbi Aqiba says, at the time of claim. If somebody intends to take the deposit, the House of Shammai hold him liable but the House of Hillel say, he is liable only from the moment he takes it. How is this? If he tilted the amphora and took a quartarius, and then it broke, he pays only for a quartarius. If he lifted it and took a quartarius, and then it broke, he pays for all.

MISHNAH: If a person appropriates a deposit, the House of Shammai say, he shall be hit by less or more, but the House of Hillel say, [at the price] at the time of delivery; Rebbi Aqiba says, at the time of claim. If somebody intends to take the deposit, the House of Shammai hold him liable but the House of Hillel say, he is liable only from the moment he takes it. How is this? If he tilted the amphora and took a quartarius, and then it broke, he pays only for a quartarius. If he lifted it and took a quartarius, and then it broke, he pays for all.

HALAKHAH: “If a person appropriates a deposit,” etc. So is the Mishnah: At the time of claim in court. Rav Jeremiah in the name of Rav: Practice follows Rebbi Aqiba. Even though the House of Hillel disagree with him? Rebbi Abun bar Ḥiyya: It happened that there was a case and Rebbi instructed following Rebbi Aqiba. Rav Hoshaia said, if there are no witnesses. But if there are witnesses, everybody agrees with Rebbi Aqiba’s position. There came a case before Rebbi Nasa and he instructed following Rebbi Aqiba.

HALAKHAH: “A vain oath,” etc. A person, a person. Since by a person which was said for an oath of testimony He made the one at whom the oath was directed like one swearing, so also by a person which was said for an oath of deposit He made the one at whom the oath was directed like one swearing.

MISHNAH: “I am putting an oath on you that you should come and testify for me that I have a claim against X for a deposit, and a loan, and robbery, and a lost object.” “An oath that we do not know testimony for you;” they are liable only once. “An oath that we do not know that you have a claim against X for a deposit, and a common venture, and robbery, and a lost object;” they are liable for each single one. “I am putting an oath on you that you should come and testify for me that I have a claim against X for a deposit of wheat, and barley, and spelt.” “An oath that we do not know testimony for you;” they are liable only once. “An oath that we do not know that you have a claim against X for a deposit of wheat, and barley, and spelt;” they are liable for each single one.

MISHNAH: “I am putting an oath on you that you should come and testify for me that I have a claim against X for a deposit, and a loan, and robbery, and a lost object.” “An oath that we do not know testimony for you;” they are liable only once. “An oath that we do not know that you have a claim against X for a deposit, and a common venture, and robbery, and a lost object;” they are liable for each single one. “I am putting an oath on you that you should come and testify for me that I have a claim against X for a deposit of wheat, and barley, and spelt.” “An oath that we do not know testimony for you;” they are liable only once. “An oath that we do not know that you have a claim against X for a deposit of wheat, and barley, and spelt;” they are liable for each single one.

MISHNAH: “I am putting an oath on you that you should come and testify for me that I have a claim against X for a deposit, and a loan, and robbery, and a lost object.” “An oath that we do not know testimony for you;” they are liable only once. “An oath that we do not know that you have a claim against X for a deposit, and a common venture, and robbery, and a lost object;” they are liable for each single one. “I am putting an oath on you that you should come and testify for me that I have a claim against X for a deposit of wheat, and barley, and spelt.” “An oath that we do not know testimony for you;” they are liable only once. “An oath that we do not know that you have a claim against X for a deposit of wheat, and barley, and spelt;” they are liable for each single one.

MISHNAH: “I am putting an oath on you that you should come and testify for me that I have a claim against X for a deposit, and a loan, and robbery, and a lost object.” “An oath that we do not know testimony for you;” they are liable only once. “An oath that we do not know that you have a claim against X for a deposit, and a common venture, and robbery, and a lost object;” they are liable for each single one. “I am putting an oath on you that you should come and testify for me that I have a claim against X for a deposit of wheat, and barley, and spelt.” “An oath that we do not know testimony for you;” they are liable only once. “An oath that we do not know that you have a claim against X for a deposit of wheat, and barley, and spelt;” they are liable for each single one.

HALAKHAH: “I am putting an oath on you that you should come and testify for me,” etc. From where that this only refers to monetary claims? Rebbi Eliezer said, it uses here “or” and it uses “or” with a deposit. Since the “or” used with a deposit only refers to monetary claims, also the “or” used here only refers to monetary claims. The “or” of the homicide will disprove since they do not refer to monetary claims. One argues about “or” accompanied by an oath from “or” accompanied by an oath; the “or” of the homicide cannot disprove since they are not accompanied by an oath. The “or” of the deviant woman will disprove since they are accompanied by an oath and do not refer to monetary claims. One argues about “or” accompanied by an oath not accompanied by a Cohen from similar “or”; the “or” of the deviant woman cannot disprove since they are accompanied by a Cohen. The “or” of blurting lips will disprove since they do not refer to monetary claims. One argues about “or” where He made intent equal to error from similar “or”; the “or” of blurting lips cannot disprove since there He did not make intent equal to error. Rebbi Aqiba says, for some of these one is liable, for some one is not liable. For monetary claims one is liable; for non-monetary claims one is not liable. Rebbi Simeon says, He made liable here and he made liable for a deposit. Since deposits only refer to monetary claims, so here also it only refers to monetary claims.

HALAKHAH: “I am putting an oath on you that you should come and testify for me,” etc. From where that this only refers to monetary claims? Rebbi Eliezer said, it uses here “or” and it uses “or” with a deposit. Since the “or” used with a deposit only refers to monetary claims, also the “or” used here only refers to monetary claims. The “or” of the homicide will disprove since they do not refer to monetary claims. One argues about “or” accompanied by an oath from “or” accompanied by an oath; the “or” of the homicide cannot disprove since they are not accompanied by an oath. The “or” of the deviant woman will disprove since they are accompanied by an oath and do not refer to monetary claims. One argues about “or” accompanied by an oath not accompanied by a Cohen from similar “or”; the “or” of the deviant woman cannot disprove since they are accompanied by a Cohen. The “or” of blurting lips will disprove since they do not refer to monetary claims. One argues about “or” where He made intent equal to error from similar “or”; the “or” of blurting lips cannot disprove since there He did not make intent equal to error. Rebbi Aqiba says, for some of these one is liable, for some one is not liable. For monetary claims one is liable; for non-monetary claims one is not liable. Rebbi Simeon says, He made liable here and he made liable for a deposit. Since deposits only refer to monetary claims, so here also it only refers to monetary claims.

HALAKHAH: “I am putting an oath on you that you should come and testify for me,” etc. From where that this only refers to monetary claims? Rebbi Eliezer said, it uses here “or” and it uses “or” with a deposit. Since the “or” used with a deposit only refers to monetary claims, also the “or” used here only refers to monetary claims. The “or” of the homicide will disprove since they do not refer to monetary claims. One argues about “or” accompanied by an oath from “or” accompanied by an oath; the “or” of the homicide cannot disprove since they are not accompanied by an oath. The “or” of the deviant woman will disprove since they are accompanied by an oath and do not refer to monetary claims. One argues about “or” accompanied by an oath not accompanied by a Cohen from similar “or”; the “or” of the deviant woman cannot disprove since they are accompanied by a Cohen. The “or” of blurting lips will disprove since they do not refer to monetary claims. One argues about “or” where He made intent equal to error from similar “or”; the “or” of blurting lips cannot disprove since there He did not make intent equal to error. Rebbi Aqiba says, for some of these one is liable, for some one is not liable. For monetary claims one is liable; for non-monetary claims one is not liable. Rebbi Simeon says, He made liable here and he made liable for a deposit. Since deposits only refer to monetary claims, so here also it only refers to monetary claims.

MISHNAH: “I am putting an oath on you that you should come and testify for me that Mr. X promised to give me 200 zuz but did not give them to me.” These are not liable since one is liable only for an (oath about) money similar to a deposit. “I am putting an oath on you, that you shall come and testify for me when you know testimony for me.” These are not liable since the oath preceded the testimony. If he stood in the synagogue and said, “I am putting an oath on you, that you shall come and testify for me if you know testimony for me.” These are not liable.

MISHNAH: An oath about a deposit applies to men and women, unrelated persons and relatives, qualified and disqualified persons, before a court or out of court, from his own mouth. From the mouth of another he is liable only if he denies in court, the words of Rebbi Meїr. But the Sages say, whether by his own mouth or the mouth of others, from the moment that he denies, he is liable. He is liable for intent about the oath, or error about it with intent about the deposit, but he is not liable for error about the latter. What is he liable for in case of intentional violation? A reparation offering in the value of two Šeqalim.

MISHNAH: An oath about a deposit applies to men and women, unrelated persons and relatives, qualified and disqualified persons, before a court or out of court, from his own mouth. From the mouth of another he is liable only if he denies in court, the words of Rebbi Meїr. But the Sages say, whether by his own mouth or the mouth of others, from the moment that he denies, he is liable. He is liable for intent about the oath, or error about it with intent about the deposit, but he is not liable for error about the latter. What is he liable for in case of intentional violation? A reparation offering in the value of two Šeqalim.

HALAKHAH: “An oath about a deposit,” etc. It was stated: Is an oath in his own formulation of an oath of testimony like an imprecation; in his own words is an oath about a deposit like an imprecation? Rebbi Yose said, since it is written “a person, a person”, everything is here and everything is there. Rebbi Mana said, an imprecation made in court is the topic of disagreement between Rebbi Meїr and the Sages. He lied to his fellow man, if his confession was eliminated by the oath. It excludes one who lied to one of partners; it excludes one who lied where there are witnesses and a document. Rebbi Yose said, this implies that if two people took a loan from one person, even if they did not write “we are responsible and warrantors for one another”, they are responsible and warrantors for one another; but one does not act on this. If two made a joint deposit and one came to retrieve his property, one does not listen to him. Should he not be treated as denying his part and be liable? If one made a deposit with two people. If one denied it, he is liable. If the other denied it, he is liable. If the deposit was worth one peruṭa, does this not result in each of them bringing a sacrifice for half a peruṭa? What here? If one would swear, and swear, and swear, would he not bring a sacrifice for half a peruṭa? There, each oath refers to a peruṭa’s worth. Here no oath refers to a peruṭa’s worth.