Daily Rambam 1 Chapter Tuesday 29th Tishreiy: To’en veNit’an – Chapter 4: Conditions for Modeh B’miktzat and Oath Obligations

To’en veNit’an – Chapter 4

📘 Overview of Chapter 4 – Conditions for Modeh B’miktzat and Oath Obligations

This chapter continues the laws of modeh b’miktzat (partial admission), focusing on the conditions under which a Torah-mandated oath applies. It emphasizes the importance of measurable claims, admissions that can be denied, and clarity in the type and value of the claim. It also discusses cases involving inheritance, collateral, uncertainty, and testimony of one witness.

✅ Main Takeaways

• A Torah oath applies only when the claim and admission are quantifiable (by measure, weight, or number).
• The admission must be of something the defendant could have denied.
• Partial admissions must be of the same type as the claim.
• One witness can obligate an oath, but not payment.
• Collateral and inheritance introduce nuanced rules for oath and payment.
• Uncertainty or inability to swear results in payment without an oath.

📜 Halacha-by-Halacha Summary with Titles

Halacha 1 – Quantifiable Claims and Admissions

• A Torah oath applies only when both the claim and the partial admission are quantifiable by measure, weight, or number.
• Examples:

• “10 dinars,” “I owe 5” → liable.
• “A kor of wheat,” “I owe 2 se’ah” → liable.
• “2 rotal of silk,” “I owe 1 rotal” → liable.

Halacha 2 – Vague or Unmeasured Claims

• If the claim is not specific, such as “a purse full of dinars” or “a house full of grain,” and the defendant responds with an unspecified or uncertain amount, he is exempt from a Torah oath.

Halacha 3 – Dispute Over Physical Boundaries

• If the claim is “a house full up to the beam,” and the defendant says “only up to the window,” the dispute is quantifiable, and the defendant is liable to swear.

Halacha 4 – Admission Must Be Deniable

• A Torah oath requires that the admitted portion be something the defendant could have denied.
• Example: If part of the claim is backed by a loan document, the defendant is not liable for a Torah oath on that part, since it’s not deniable. He must instead swear a rabbinic oath (heset).

Halacha 5 – Returning a Lost Item (Meshiv Aveidah)

If the defendant admits to part of a claim based on hearsay (e.g., “My father said you owe him a maneh”), and returns part of it, he is considered returning a lost item and is exempt from all oaths. However, if the heir claims with certainty, and the defendant admits partially, he is liable to swear.

Halacha 6 – Claims Involving Collateral

If the claim is “you owe me a maneh on this collateral,” and the defendant admits to 50:

• If the collateral is worth 50 or less → borrower swears and pays.
• If worth 100 or more → lender swears and collects.
• If worth 80 → lender swears and collects 80; borrower swears (Torah oath) on the denied 20.
• If borrower denies everything → swears a heset oath.

Halacha 7 – Admission with Uncertainty

• If the defendant admits to part of the claim and expresses uncertainty about the rest (e.g., “I owe 50, but I don’t know about the other 50”), he must pay the full amount without swearing, since he cannot swear on what he’s unsure of.
  He may impose a cherem on the claimant for making an uncertain claim.

Halacha 8 – One Witness and Counterclaims

• If a single witness testifies to a debt, and the defendant admits it but claims the plaintiff owes him the same amount, he is liable to swear but cannot swear due to the witness’s testimony — so he must pay.
• One witness obligates an oath, but not payment. If the defendant admits the testimony, he cannot swear against it.

Halacha 9 – One Witness Confirms a Loan

• If the defendant denies a loan, and one witness testifies that the loan occurred, the defendant must swear.
• If he later claims he repaid, he must pay without swearing, as previously explained.

Halacha 10 – Witnesses Contradict a Full Denial

• If the defendant denies the entire claim, and witnesses testify that he owes part (e.g., 50 out of 100), the Geonim ruled that he must pay the 50 and swear on the rest.
  This ensures that witness testimony is not weaker than personal admission.

📘 Essential Summary Table – To’en veNit’an Chapter 4