Study Gittin folio 51B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
The Talmud answers: R' Yitzḥak stated his opinion in accordance with the opinion of R' Eliezer ben Ya’akov, as it is taught in a baraita (Tosefta, Shevuot 5:10) that R' Eliezer ben Ya’akov says: There are times when a person takes an oath about his own claim. How so? One says to another: 100 dinar
But the Rabbis say: In such a case, the borrower is regarded only as someone who is returning a lost item, and therefore he is exempt from an oath. R' Yitzḥak’s position is similar to that of R' Eliezer ben Ya’akov. Since the finder says that he found only half of what the owner claims was lost, he
The Talmud asks: But does R' Eliezer ben Ya’akov not maintain that someone who returns a lost item is exempt from an oath? Rav says: The case in dispute between R' Eliezer ben Ya’akov and the Rabbis is not one where nobody has claimed anything from the borrower, as in such a case all agree that the
The Talmud asks: Does the claim of a minor have any substance? But didn’t we learn in a Mishnah (Shevuot 38b): One does not take an oath in response to the claim of a deaf-mute, an imbecile, or a minor, as the claim of one who lacks halakhic competence has no significance whatsoever. According to t
The Talmud answers: To which kind of minor was Rav referring? It was to an adult son of the creditor. And why does Rav call him a minor, if he is in fact an adult? It is as with regard to his father’s affairs he is like a minor. He does not know with certainty how much money the borrower repaid bu