To’en veNit’an – Chapter 3
📘 Overview of Chapter 3 – The Laws of “Modeh B’miktzat” (Partial Admission) and Oaths
This chapter explores the Torah law that obligates a defendant to swear when they admit to part of a monetary claim (modeh b’miktzat). It defines the minimum amounts required for such an oath, the types of claims that qualify, and various scenarios that affect whether an oath is required. The chapter also discusses the role of partial admissions, types of goods, and the importance of the claim and admission being of the same kind (min ha-ta’anah).
✅ Main Takeaways
- A Torah-mandated oath for partial admission requires a minimum denial of two ma’ah and an admission of at least a perutah.
- The type and value of the item claimed and admitted are crucial in determining liability.
- The admission must be of the same type as the claim to qualify as modeh b’miktzat.
- Rabbinic oaths (shevuat heset) apply when Torah oaths do not, ensuring fairness in monetary disputes.
- Witnesses and partial admissions can trigger oaths even when the Torah does not directly obligate them.
📜 Halacha-by-Halacha Summary
Halacha 1
A person is only liable for a Torah oath of modeh b’miktzat if they admit to at least a perutah and deny at least two ma’ah (a specific weight of silver). The perutah is defined as half a barley weight of pure silver; two ma’ah equals 32 barley weights.
Halacha 2
All references to money in the Torah use the shekel hakodesh (holy shekel), which equals 20 ma’ah. Rabbinic monetary references use Jerusalem coinage, where the sela contains 1/8 silver. The ma’ah in Jerusalem was pure silver.
Halacha 3
If someone claims “you owe me two ma’ah and a perutah,” and the defendant admits only to a perutah, he is liable to swear. But if he admits only to two perutot, he is exempt, as the denial is less than two ma’ah.
Halacha 4
If someone claims “you owe me a maneh,” and the defendant admits to half a perutah, he is exempt, since admitting less than a perutah is considered no admission.
Halacha 5
If someone claims “100 dates,” and the defendant admits to 90, we assess whether the value of the denied 10 equals two ma’ah. If yes, he must swear; if not, he is exempt. The same applies to other items like nuts.
Halacha 6
This rule applies to money, produce, and merchandise. However, for utensils, we do not assess value. Even if 10 needles are worth a perutah, and the claim is for 2 needles, admitting to 1 and denying 1 triggers an oath, as “all vessels are like money.”
Halacha 7
If the claim includes money and vessels, and the defendant admits to the vessels but denies the money:
- If the denial is worth two ma’ah, he is liable to swear.
- If not, he is exempt.
Halacha 8
If the defendant admits to money and denies vessels, and the admission is at least a perutah, he is liable to swear.
Halacha 9
If one witness testifies, even if the denial is only of a perutah, the defendant is liable to swear. Wherever two witnesses obligate payment, one obligates an oath.
Halacha 10
If someone claims “you owe me a perutah,” and the defendant denies it, and one witness testifies, the defendant must swear. This applies even to guardians who claim a deposit was lost.
Halacha 11
Anything less than a perutah is not considered monetary value, and courts do not adjudicate such claims. All oaths that allow collection (nishba’in v’notlin) apply only to claims of a perutah or more.
Halacha 12
The sages taught that those who swear and collect do not require a claim of two ma’ah. However, Rambam argues that the defendant must deny two ma’ah, after which the plaintiff swears and collects.
Halacha 13
The admission must be of the same type as the claim. For example:
- “You owe me a kor of wheat,” “I owe you a letach of wheat” → liable to swear.
- “You owe me a kor of wheat,” “I owe you a kor of barley” → exempt, since the types differ.
Halacha 14
If someone claims “a large menorah,” and the defendant admits to a small menorah, he is exempt. But if the claim is for a 10-liter menorah and the admission is for a 5-liter menorah, he is liable, since it could be the same item in a reduced form.
Halacha 15
If someone claims “a maneh as a loan,” and the defendant denies ever borrowing but admits to owing 50 dinar as a deposit or damages, he is liable to swear. The form of liability doesn’t matter—what matters is the partial admission of debt.
