Êxodo 22:8 Referências da Mishná: Mishnah Ketubot, Mishnah Bava Metzia, Mishnah Bava Kamma & Mishnah Shevuot

He who declares, “I seduced the daughter of so-and-so” must pay compensation for embarrassment and blemish on his own admission but need not pay the fine. He who declares, “I have stolen” must make restitution for the principal on his own evidence but need not repay double, fourfold or fivefold. [He who declares,] “My ox has killed so-and-so” or “the ox of so-and-so” must make restitution on his own evidence. [If he said] “My ox has killed the slave of so-and-so” he need not make restitution on his own evidence. This is the general rule: whoever pays more than the actual cost of the damage he has done need not pay it on his own evidence.

If a man makes personal use of a deposit: Bet Shammai holds that he is at a disadvantage whether the value rises or falls. Bet Hillel says: [He must restore the deposit] at its value at the time at which he put it to use. Rabbi Akiva says: [He must restore the deposit] at its value at the time at which it is claimed. One who expresses his intention to use a deposit [for personal use]: Bet Shammai says he is liable [for any subsequent damage to the deposit, as if he had already made use of it]. Bet Hillel says: He is not liable until he actually uses it, as it says (Exodus 22:7): “If he had not put his hand onto his neighbor’s property”. How is this so? If he tilted the jug and took a quarter-log of wine and the jug was then broken, he only pays the quarter-log. If he lifted it and then took a quarter-log and the jug was then broken, he pays for the whole jug.

These are the things to which the laws of fraud through overcharging do not apply: The sale of slaves, debt documents, land and what belongs to the Temple. They are not subject to twofold restitution, nor fourfold or fivefold restitution. An unpaid guardian does not take an oath [on their account, that he did not damage them] nor does a paid guardian make compensation [if they are lost on his watch]. Rabbi Shimon says: “Holy Things for which he is responsible, are subject to the laws of fraud through overcharging, and Holy Things for which he is not responsible are not subject to the laws of fraud through overcharging.” Rabbi Judah says: “Also one who sells a Torah scroll, and an animal or a pearl they are not subject to the laws of fraud through overcharging.” They (the Sages) said to him: “They only said these.”