For the source text click/tap here: Bava Metzia 35
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The Mishnah describes a scenario of a renter who lends an animal to a third person to use during the term of his rental.
While the animal was in the possession of the borrower, it died. The ruling of the Tanna Kamma is that the renter may take an oath that the animal died of natural causes, for which he is exempt from paying, and the borrower pays the value of the animal to the renter, who is the one who lent it to him.
Ritva explains that the original renter must take an oath to verify that the animal died, and it is not sufficient for him to summon the borrower to come to court and testify on his behalf that the animal died naturally.
Although the rule is that a single witness can require that an oath be taken to counteract his testimony
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we do not find that a single witness can exempt one from taking an oath.
With different rules for different types of shomrim one can potentially take advantage of such distinctions to make a few dollars. The propriety of such is the subject of debate of our Mishna.
We explore the notion of Sh’tikah Ke-Hoda’ah and when is silence complicity.
When is silence and integral part of the spiritual experience?