Le Lévitique 5:25 Références du Talmud : Jerusalem Talmud Shevuot & Jerusalem Talmud Bava Kamma

MISHNAH: An oath about a deposit applies to men and women, unrelated persons and relatives, qualified and disqualified persons, before a court or out of court, from his own mouth¹In this respect the oath about money matters is equal to the rules of a blurted oath (Mishnah 3:11–12), not to the oath of testimony. All restrictions about women, relatives, and disqualified persons, refer only to witnesses and judges, not to parties in adversary proceedings.. From the mouth of another he is liable only if he denies in court, the words of Rebbi Meїr. But the Sages say, whether by his own mouth or the mouth of others, from the moment that he denies, he is liable. He is liable for intent about the oath, or error about it with intent about the deposit, but he is not liable for error about the latter²The sacrifice prescribed in Lev. 5:25 (in addition to restitution of 125% of the amount embezzled) is due if the false oath was intentional, or if the oath was in error but the embezzling was intentional; it is not due if the oath was factually false because the maker of the oath did not realize that he had the deposit, or forgot about it. The Babli (but not Maimonides) reads the last word as שִׁגְגָתָהּ referring to the oath; he is not liable if he was ignorant of the fact that false oaths are forbidden and that they trigger liability for a sacrifice.. What is he liable for in case of intentional violation? A reparation offering in the value of two Šeqalim³Lev. 5:25 prescribes a reparation offering “in its value”; the value defined in 5:15 as “Šeqalim”. An indeterminate plural always means 2 (Chapter 4, Note 8). The biblical Šeqel is the traditional “King’s weight” of about 12g silver, about equal to the tetradrachma of the early Principate, and double the rabbinic Šeqel of two zuz (cf. Qiddušin 1:1, Note 122.) Sifra Ḥova (Wayyiqra 2) Parashah 13(14)..

MISHNAH: If he gave the money to Yehoiarib and the reparation offering to Yedaiah¹²²In the list of watches, 1Chr.24:7–18, Yehoiarib is the first and Yedaiah the second watch. The restitution may precede the offering but cannot follow it. As explained at the end of the Mishnah, the reparation offering (whether for swearing falsely to a native born Jew or to a proselyte) cannot be accepted by the Temple if it was not ascertained that restitution was made since both in Lev. 5:25 as in Num.5:8 the sacrifice is clearly demanded after restitution had been made. There can be no ritual cleansing if the human aspect was not attended to., he has fulfilled his obligation. The reparation offering to Yehoiarib and the money to Yedaiah, if the offering still is alive it should be brought by Yedaiah¹²³Since the priests of Yehoiarib have no right to officiate in Yedaiah’s week; this is the “right sold by the forefathers” (Deut. 18:8).; otherwise he was to come back and bring another reparation offering; for he who brings the robbed item before he brings the reparation offering has fulfilled his obligation, but he who brings the reparation offering before he brings the robbed item has not fulfilled his obligation. If he paid the capital but not the fifth, the fifth is no obstacle¹²⁴Non-payment of the fifth does not invalidate the sacrifice but the sacrifice does not absolve from paying the fifth at a later date..