שבועות ו׳:ה׳ - ו׳:ו׳

העבדים והשטרות והקרקעות וכו' – as it is written (Exodus 22:8): “In all charges of misappropriation” – generalization; “pertaining to an ox, an ass, a sheep a garment,” – specification; “or any other loss” - he has returned and made a generalization. If a generalization is followed by a specification and this in turn, by a generalization, one must be guided by what the specification implies. Just as the specification is explanation by something that is movable and its essence is monetary, so also everything that movable and its essence is monetary, excluding real estate which are not movable ,excluding slaves which were compared to real estate, excluding documents for even though they are movables, their essence is not financial. For all of these we don’t impose oaths upon a thing dedicated [to the Temple] we don’t take an oath, as it is written, (Exodus 22:6): “When a person gives [money or goods] to another [for safekeeping,” and not of something dedicated [to the Temple].

אין בהן תשלמי כפל – for in these, especially that we use an additional word for the purpose of intimating something not otherwise included (i.e., the widen the scope of a law), something like the specification as it is written in that portion (Exodus 22:8): “[he whom God declares guilty] shall pay double to his neighbor,” and not of something dedicated [to the Temple].

ולא תשלומי ארבעה וחמישה – for wherever that there is not’s double paymenr, he doesn’t pay four-times or five-times [the base amount], for since there isn’t double payment, the would have would have three-time or four-time [the base] payment, but the All-Merciful stated (Exodus 22:37): “[When a man steals an ox or a sheep, and slaughters it or sells it,] he shall pay five oxen for the ox, and four sheep for the sheep,” and not three or four-fold payment.

שומר חנם אינו נשבע – the unpaid bailee only has upon him an oath, as it is written (Exodus 22:7): “the owner of the house shall depose before God that he has not laid hands [on the other’s property],” and the entire portion is stated concerning the unpaid bailee,. But he does not take an oath regarding slaves and real-estate and on documents, for we derive it from what is written (Exodus 22:6): “When a man gives…to another” – a generalization; “money or goods” – a specification; “”for safekeeping,”- he returns and makes a generalization; if a generalization is followed by a specification and this in turn, by a generalization, one must be guided by what the specification implies. Just as the specification is explained as something movable and its essence is money, even all things, etc., excluding real estate which are not movables, etc. But all of these that we stated regarding them, one does not take an oath, especially the oath of the Torah, but we require the oath of inducement.

נושא שכר אינו משלם – theft and loss which is written in it, to be liable, as it is written (Exodus 22:11): “But if [the animal] was stolen from him, he shall make restitution to its owner.” But slaves, and real estate and documents, he does not pay, as it is written regarding the paid bailee (Exodus 22:9): “When a man gives to another” – a generalization; “an ass, an ox, a sheep or any other animal” – a specification; “to guard” – he returns and makes a generalization, etc., as we have stated above. The [term] רעהו/to another – is written with regard to an unpaid bailee and a paid bailee, that implies, “another person” and not dedicated [to the Temple], but the borrower and the renter (i.e., the other two bailees) are not mentioned here, to exlude from them slaves and real estate and documents and dedication [to the Temple], for a borrower does not belong with real estate and not with documents for the most part, and all the more so, renters do not belong with documents, and similarly, the borrower and renters do not belong with things dedicated [to the Temple] for it is forbidden to lend and to rent that which is dedicated [to the Temple].

רבי מאיר אומר יש דברים שהם כקרקע – grapes that are about to be cut down is what distinguishes between the Sages and Rabbi Meir, for Rabbi Meir holds that gapes that are about to be cut are considered as [already] cut/harvested, but the Sages hold that they are not like they are cut/harvested. But the Halakha is according to the Sages. And especially in the law [relating to] the bailees, but regarding buying and selling, and overcharging and admitting to part of the claim, , in all of these, we hold that something about to be cut/harvested is like it was cut already, and such is the Halakha.

עד הזיז (an attachment, a projection from the door frame serving as a shed over the entrance) – beam of a upper story that projects from the house, and the general principle of the matter, is that he is always not liable for an oath according to the Torah until he makes a claim against him with something specifying a concrete measure, or a weight or a measure, and he admits to him part of his measure or part of the weight or part of the number.