Sanhedrin 24B

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Text Excerpt

What, is it not referring to those who take an oath and do not pay, i.e., cases where the defendant is obligated to take an oath that the claim against him is false, and he is thereby exempt from paying? Accordingly, it is the claimant who suggests that the defendant take a vow instead, which is t

The Talmud rejects this objection: No, it is referring to those who take an oath and collect a debt. There are cases where it is the claimant who is obligated to take an oath, and he then collects the money that he claims. In a case where the defendant suggests that the claimant take a vow instead,

The Talmud challenges: But according to Rava’s interpretation, the Mishnah already taught the halakha in a case where the defendant says: I will give you, in the first clause, where the defendant accepts unfit judges.

The Talmud answers: The Mishnah taught in the former clause a case where the defendant makes the outcome dependent on the decision of others, namely, his father or the father of the claimant; and the Mishnah taught in the latter clause a case where he makes the outcome dependent on the claimant’s o

And it is necessary for the Mishnah to teach both cases, since if the Mishnah taught only the case where he makes the outcome dependent on the decision of others, one might reason that specifically in this case R' Meir says that he can retract his acceptance of the unfit judges. This is because he