Gittin 51b

גיטין נ״א ע״ב

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Topic

Why רבי יצחק says a finder who admits to part of a claim must take an oath: his view follows רבי אליעזר בן יעקב, who holds that sometimes a person swears because of his own admission.

Overview

The גמרא explains that רבי יצחק's ruling, that a finder who admits only part of what the owner claims must swear, follows רבי אליעזר בן יעקב. In a ברייתא, רבי אליעזר בן יעקב makes a borrower swear when he says, 'I owed your father a מנה and paid back part.' The חכמים say he is like a משיב אבידה and is exempt. To explain why רבי אליעזר בן יעקב doesn't exempt him, רב says the lender's heir made a claim. Since a קטן's claim has no legal weight, the גמרא explains that this 'קטן' is really an adult who knows little about his father's affairs. The גמרא tries to read 'his own claim' as 'others claim, but he admits'. It rejects that, because every partial-admission oath works that way. Finally, the גמרא explains the מחלוקת through רבה's teaching: a person won't brazenly deny a debt to his creditor's face, so the תורה adds an oath to push a staller to admit everything. רבי אליעזר בן יעקב holds the borrower is just as embarrassed before the lender's son, so he swears. The רבנן hold he would dare to deny to the son, so his partial admission is honest and he is exempt as a משיב אבידה.

Opening lines

The steps (14)

1. Resolutionרבי יצחק follows רבי אליעזר בן יעקב
2. StatementThe חכמים disagree: he is like one returning a lost object
3. ChallengeDoesn't רבי אליעזר בן יעקב agree a returner of lost items is exempt?
4. Resolutionרב: the case is where a minor made the claim
5. ChallengeA minor's claim has no legal weight
6. ResolutionThe 'minor' is really an adult heir
7. ChallengeThen it is someone else's claim
8. ResolutionOthers claim, but he admits
9. ChallengeEvery oath case is like that
10. ResolutionThey argue about רבה's idea
11. StatementWhy a partial admitter swears
12. StatementHe holds back only to stall
13. Resolutionרבי אליעזר בן יעקב: The borrower is not brazen even toward the son
14. ResolutionThe רבנן: The borrower would be brazen toward the son, so admitting part is honest