Daily Rambam 1 Chapter Wednesday 30th Tishreiy: To’en veNit’an Chapter 5: Cases Exempt from Torah Oaths and Rabbinic Safeguards

To’en veNit’an Chapter 5: Cases Exempt from Torah Oaths and Rabbinic Safeguards

📘 Overview

This chapter outlines cases where Torah law does not obligate an oath, even when there is partial admission, a single witness, or a claim involving guardianship. It focuses on property types exempt from Torah oaths, the application of rabbinic oaths (shevuat heset), and the special rules for minors, the mentally impaired, and consecrated items. The chapter also discusses mixed claims, rental disputes, and document-related cases.

✅ Main Takeaways

• Torah oaths do not apply to claims involving land, slaves, documents, or consecrated items.
• Rabbinic oaths (shevuat heset) apply in most cases, except for consecrated items, which have a special rabbinic enactment.
• Mixed claims (e.g., land and movables) are treated as one unit for oath purposes.
• Produce ready for harvest is treated as movable property and subject to oaths.
• Minors and mentally impaired individuals are generally exempt from oaths and legal claims.
• Guardians and partners may swear on behalf of minors when necessary.
• Blind individuals are treated as fully competent for oaths and claims.

📘 To’en veNit’an – Chapter 5: Summary of Halachot

Halacha 1 – No Torah Oaths on Certain Properties

There is no Torah obligation to swear regarding claims involving land, slaves, documents, or consecrated items, even if there is partial admission, a single witness, or a claim involving a guardian. This is derived from verses in Shemot 22, which limit Torah oaths to movable property.

Shevuat Heset on Exempt Items: Although Torah oaths don’t apply to the above items, rabbinic oaths (shevuat heset) are required when there is a definite claim—except for consecrated property, which has a special rabbinic oath to prevent people from treating hekdesh lightly.

Halacha 2 –  Partial Denial of Multiple Items

If someone claims two fields, slaves, or documents, and the defendant admits to only one, a shevuat heset is required. This applies even if the claim is about a specific item (e.g., “this courtyard is mine”) and the defendant denies it entirely.

Damaging Another’s Field: If someone is accused of digging pits or damaging another’s field and denies it (fully or partially), or if one witness testifies, the accused must take a shevuat heset.

Halacha 3 – Mixed Claims: Movables and Immovables

When a claim includes both movables and immovables, and the defendant admits or denies parts, a shevuat heset applies. If the denial involves movables, the oath extends to the immovables as well, since it’s considered one claim.

Halacha 4 – Produce Ready for Harvest

Produce like grapes ready for harvest or dry grain ready for cutting is treated as movable property and subject to oaths. If the produce still depends on the land, it is treated like land and only a shevuat heset applies.

Halacha 5 – Rental Disputes

If someone claims rent (e.g., “You lived in my courtyard for two months”), and the defendant admits to only one month, he is modeh b’miktzat and must take a Torah oath, since rent is considered movable property.

Halacha 6 – Disputes Over Loan Documents

If someone claims to have given a document as proof of a 10-dinar debt, and the defendant denies it, a shevuat heset is required. If the defendant admits receiving the document but says it was lost, he is exempt, even from a rabbinic oath.

Halacha 7 – – Refusal to Produce a Document

If someone claims a right in a document held by another, and the holder refuses to produce it or claims ignorance, the court forces him to produce it.

Halacha 8 – Claim of Lost Document

If someone claims a document was lost, a general ban (cherem stam) is imposed. If the claimant is certain the document was in the other’s possession, the other must take a shevuat heset that it is no longer in his possession and was lost.

Halacha 9 – No Oaths on Claims by Minors or the Incapacitated

No Torah oaths are taken on claims by a minor, deaf person, or mentally impaired individual, even if there is partial admission or one witness. Their claims are not considered full legal claims.

Guardians and Partners of Minors: If someone was a guardian or partner of a minor and claims loss or damage, he must take a shomer’s oath. If he admits to being a partner or guardian, the court appoints a guardian to represent the minor, and the partner must swear accordingly.

Halacha 10 – Rabbinic Oaths on Minor’s Claims

Although Torah oaths are not taken on a minor’s claim, rabbinic oaths (shevuat heset) are required to prevent people from taking advantage of minors. This applies even if the minor is not business-savvy.

Minor as Claimant: If a minor claims against an adult, whether the adult admits partially or denies entirely, the adult must take a shevuat heset. The oath cannot be reversed onto the minor, who is not subject to oaths or even a cherem.

Halacha 11 – Minor as Defendant

If an adult claims against a minor:

• If the claim involves benefit to the minor (e.g., business), and the minor admits, payment is collected from his assets or delayed until he matures.
• If the minor denies, the case is postponed until he matures and can take a shevuat heset.
• If the claim involves no benefit (e.g., damages), the minor is exempt, even after maturity.
• If the claimant is among those who swear and collect (e.g., a worker), he may swear and collect from the minor.
• A storekeeper cannot swear and collect from a minor, as the minor gains no benefit from the transaction.

Halacha 12 – Legal Incompetence and Oaths

• Deaf individuals (חרש) and mentally impaired (שוטה), are not subject to legal claims or oaths—neither as plaintiffs nor defendants. This includes both light oaths (שבועה קלה) and severe oaths (שבועה חמורה), as well as monetary obligations.
• Blind individuals (סומא), however, are treated as fully competent in all legal matters. They may initiate claims, be subject to oaths, and participate in all

📊 Essential Summary Table – Chapter 5