Yerushalmi Shevuot 7:4 ירושלמי שבועות ז׳:ד׳

MISHNAH: And if the opposing party was suspect of perjury, how? Equally oaths about testimony, or oaths about deposits, or even vain oaths, if one of them was a dice-player, a lender on interest, a participant in pigeon contests, or a dealer in sabbatical produce⁶⁴This list of people not admitted as witnesses nor credible in their oaths is from Sanhedrin3:6 (Notes 44–47.), the opposing party swears and collects. If both of them were suspect, the oath returns to its place, the words of Rebbi Yose. Rebbi Meїr says, they shall split²⁵The meaning of his words is in dispute between Babylonians and Galileans; cf. Halakhah 4, end..

HALAKHAH: “And if the opposing party was suspect of perjury,” etc. ⁶⁵This and the following paragraphs are found in Roš Haššanah1:9 and Sanhedrin3:6, explained in Sanhedrin Chapter 3, Notes 51–69 The dice player is the one who plays with small stones⁶⁶Greek ψῆφος “pebble, cube; the stones used for mosaics and tokens used in elections.” Rashi defines as “marbles”.. “Not only the player with stones, even one who plays with shells of nuts or pomegranates^66aPomegranates (rimmonim) do not have shells but skins. Perhaps the reference is to Greek ῥύμβος, ῥόμβος, “magic wheel, instrument used in pagan mysteries; rhomb”, from ῥόμβέω “to spin, cause to whirl” (E. G.) one does not accept unless he break his stones, and be checked out, and repent in complete repentance.” One who lends on interest one does not accept unless he tear up his IOU’s, and be checked out, and repent in complete repentance.

Participants in pigeon contests, that is one who bets on pigeons. Whether one bets on pigeons or bets on any domesticated animal, wild animal, or bird, he is not accepted unless he break his tools of the catch and repent in complete repentance.

Dealers in sabbatical produce, that is the sabbatical trader. “Who is a sabbatical trader? One who sits idle all the years of a sabbatical cycle. In the sabbatical year he becomes active and trades in sabbatical produce. One does not accept him before another sabbatical year starts and he can be checked out that he repented in complete repentance.” Rebbi Yose stated, two sabbatical periods. ⁶Since the entire paragraph is about the obligations of the paid trustee in case the deposit was lost. Only the case in which he does not have to pay is described; from this it follows that in all other circumstances he has to pay.“Rebbi Nehemiah says, repentance in money, not repentance in words; that he say to them, here are 200 denars, distribute them to the poor, for I earned them from forbidden produce.” They added shepherds, extortionists, and any who are suspect in money matters, that their testimony be invalid. Rebbi Abbahu said, shepherds of small animals.

Rav Huna said: Who is the Tanna of “participants in pigeon contests”? Rebbi Eliezer, as we have stated there: “Participants in pigeon contests are disqualified from testimony.” Rebbi Mana said before Rebbi Yose: Is that statement in Sanhedrin Rebbi Eliezer’s? He told him, it is everybody’s opinion. So said Rebbi Yose: We knew that he was disqualified for testimony in money matters. What does he come to testify about? For as he is disqualified in money matters, so he is disqualified to testify in criminal trials. The witnesses for the New Moon are held to the standards of criminal trials, as we have stated: “Any testimony for which a woman is not qualified, they are not qualified for.” Who stated this? The rabbis! Do the rabbis follow Rebbi Eliezer? They agree with him and disagree with him. Rebbi Huna in the name of Rebbi Jonah said: It follows Rebbi Eliezer in everything. It turns out that this disagreement parallels another disagreement, as it was stated: A perjured witness is disqualified for any and all testimony required by the Torah, the words of Rebbi Meїr. Rebbi Yose said, when has this been said? When he was found perjured in criminal matters. But if he was found perjured in money matters, he is disqualified only from that particular testimony. It turns out that Rebbi Yose parallels the rabbis and Rebbi Meїr Rebbi Eliezer.

When does one accept one who is suspect in matters of oaths⁶⁷Even though the Tosephta quoted in the preceding paragraphs has very stringent conditions, in practical cases the court may apply a more lenient standard.? From when he comes to the court and says, I am suspect. Where do we hold? If one who stands here and is obligated to swear for another, does the court deliver an oath to a suspect person⁶⁸If he is a known suspect, what difference does it make if he declares what the court already knows?? But we must hold about one who has a suit at a court where he is unknown and tells them, this man⁶⁹This is himself. Since the statement is derogatory, one uses the third person instead of the first. is suspect. Also about one who stands and another owes him an oath and he forgives it⁷⁰If he is ready to pay rather than have another person (who is not suspect) swear an oath on his demand..

⁷¹Discussion of the statement of R. Yose in the Mishnah (whom practice has to follow in preference to R. Meїr.) Babli 47a. Rav Hoshaia said before Rebbi Immi in the name of the rabbis there: the oath returned to Sinai. Rebbi Joḥanan in the name of Rebbi Yannai: the oath returned to the parties. He who said, the oath returned to Sinai, it is as if there was no testimony; the burden of proof is on the claimant⁷²If the parties are not able to swear, the special rules of the Mishnah cannot be applied and the suit has to be settled by the regular standards for civil suits.. He who said, the oath returned to the parties, since that man is suspect and cannot swear for me, get up and pay me⁷³This does not apply to the oaths which are the topics of the present Chapter, where the claimant swears and collects, but to the biblical oaths of trustees who swear in order to be freed from payment (Mishnah 1). If such a trustee is barred from swearing, he has to pay. In fact, the opposing party has to swear to collect; cf. Halakhah 6:6, Note 88..