Study Shevuot folio 46A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Both the first clause and the latter clause address cases in which proof is required, as even in the first clause the worker must have witnesses testifying that he was actually hired. The baraita does not mention it because it teaches only with regard to proof that requires the employer to pay, but
§ R' Yirmeya bar Abba said: After Rav’s death the rabbis sent the following message to Shmuel from the study hall of Rav: Our teacher, instruct us with regard to the case where the craftsman says: You fixed two coins as my payment; and the other, the employer, says: I fixed only one coin as your p
The Talmud asks: Is that so? But doesn’t Rabba bar Shmuel teach in a baraita: If there is a dispute with regard to the sum fixed as wages, the burden of proof rests upon the claimant, i.e., the craftsman, and if he does not bring proof, his claim is dismissed. The Talmud clarifies the difficulty:
The Talmud raises an objection to Shmuel’s ruling from a baraita: With regard to one who gives his cloak to a craftsman for mending, and then the craftsman says: You fixed two dinars as my payment, and that one, the owner, says: I fixed only one dinar as your payment, then so long as it is so that
The Talmud states the objection: In any event, the baraita states that if the claim is lodged in its proper time, the craftsman takes an oath and receives his payment. According to Shmuel’s ruling why should this be so? The employer should take an oath, and the craftsman should lose the difference