To’en veNit’an – Chapter 2

📘 Overview of Chapter 2 – Suspected Individuals and Oaths

This chapter addresses the halachic status of individuals who are suspected of dishonesty, particularly regarding taking oaths in monetary disputes. It outlines who is considered chashud (suspect), the implications for legal proceedings, and how oaths are administered or withheld in such cases. The chapter also explores how suspicion affects the ability to testify or swear, and how courts respond when a suspected individual is involved in a monetary claim.

✅ Main Takeaways

• A person suspected of lying under oath is generally not permitted to swear, even if the plaintiff requests it.
• Suspicion must be proven by witnesses; self-admission does not automatically disqualify someone from swearing.
• In cases where a suspected person is required to swear, alternative procedures are used, such as transferring the oath to the other party.
• Special cases (e.g., guardians, partial admissions, or uncertain claims) have unique rules regarding oaths.
• If someone swears falsely and is later proven to be suspect, their oath is invalid, and restitution is required.

📜 Halacha-by-Halacha Summary

Halacha 1: A person suspected of false oaths

• A person suspected of false oaths cannot be made to swear — not a Torah oath, rabbinic oath, nor a shevuat heset (a rabbinic oath used in civil cases). Even if the plaintiff requests it, the court does not allow it.

Halacha 2: Invalid for testimony due to transgression

• Anyone who has sworn falsely in any of the four Torah oaths (bitui, edut, pikadon, shav) is considered suspect and cannot be made to swear.

• Anyone invalid for testimony due to transgression, whether by Torah law (e.g., thieves, usurers) or rabbinic law (e.g., gamblers), is also suspect for oaths and cannot swear.

Halacha 3: Witnesses testify of his transgression

• A person is not deemed suspect unless witnesses testify that he committed a disqualifying transgression.

• If someone admits to being suspect or having committed a disqualifying transgression, he is not fit to testify, but may still be allowed to swear if required — since we say: “If you speak truth, swear; if not, admit.”
• If someone is proven suspect by witnesses, he cannot be trusted to swear.

Halacha 4: Plaintiff swears instead of Chashud

• Rabbinic enactment: If someone is obligated to swear by Torah law on a definite claim but is suspect, the plaintiff swears instead and collects. If both parties are suspect, the oath returns to the defendant, who must pay since he cannot swear.
• If the suspect is a guardian who claims the deposit was lost or stolen, the plaintiff cannot swear and collect unless he claims the guardian intentionally misused or was negligent — then the plaintiff swears and collects.

Halacha 5:

• If a suspect is among those who swear and collect, he cannot swear and collect. Instead, the defendant swears a heset oath and is exempt.

• If a debtor claims payment and the creditor is suspect, the debtor swears a heset oath and is exempt — even if the creditor holds a loan document.

Halacha 6

• If a suspect is among those who swear on uncertain claims, neither party swears, since the Torah does not obligate an oath, and the plaintiff’s claim is not definite.

Halacha 7

• If a suspect is obligated to swear a heset oath, the opposing party cannot swear and collect, because shevuat heset is a rabbinic enactment without a reciprocal provision. The defendant is exempt without swearing.

Halacha 8

• If the plaintiff is suspect, the defendant cannot transfer the oath to him. The defendant must either swear a heset oath or pay.

• A person cannot transfer an oath to someone unable to swear, such as a minor. The court does not accept such a transfer; the defendant must swear or pay.

Halacha 9

• If someone swore (Torah or rabbinic oath) and then witnesses testify that he is suspect, the oath is invalid, and the opposing party may reclaim what was taken or swear and collect.

Halacha 10

• A person remains suspect until punished by the court. If he is punished and repents, he regains eligibility to testify and swear.

Halacha 11

• If someone swears (Torah or heset) and witnesses later prove the oath was false, he must repay and is now confirmed as suspect.
• As explained in Shevuot, one who swears falsely about another’s money and then repents must add a fifth (חומש) to the repayment.

Halacha 12

• If someone admits a debt with witnesses and a kinyan, then swears heset that he paid — and later the kinyan is confirmed — he must pay, but is not considered suspect, since he didn’t deny the debt’s existence.