Study Bava Metzia folio 5B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Likewise, the halakha that if the defendant is suspect with regard to taking a false oath the plaintiff takes the oath and collects the money is also a rabbinic ordinance, and we do not institute one rabbinic ordinance upon another rabbinic ordinance. Therefore no oath is administered.
The reason cited for the lack of credibility of the oath of the shepherd is that he is guilty of robbery. The Talmud asks: But why not let R' Zeira derive that he is disqualified from testifying or taking an oath because he is a shepherd; and Rav Yehuda says that an ordinary shepherd is disqualified
The Talmud rejects this: This is not difficult. That case, where he is presumed a robber, is a case where he herds his own animals, and this case, where he is not presumed a robber, is a case where he herds animals that belong to others. As if you do not say so, if even one who herds the animals of
§ The Mishnah teaches: This one takes an oath that he does not have ownership of less than half of it, and that one takes an oath that he does not have ownership of less than half of it, and they divide it. The Talmud asks: Does he take an oath with regard to the part that he has in his grasp, taki
The Talmud asks: But let him say: I hereby take an oath that all of it is mine, as that is his claim. Why does he take an oath that merely half of it belongs to him? The Talmud answers: And would we give him all of it if he took such an oath? Since he will not be awarded the entire garment, it wou