Shevuos Daf 47 חג השבועות דַף 47

The Mishnah taught that if both are litigants are suspect regarding shevuos, Rebbe Yose holds חזרה שבועה למקומה – the oath returns to its place, and Rebbe Meir says they divide the disputed amount evenly. The Gemara here ultimately reverses the opinions, and discusses the opinion that the shevuah returns to “its place.” Rebbe Ami said that "רבותינו שבבבל" – our teachers in Bavel (identified as Rav and Shmuel) hold חזרה שבועה לסיני – the shevuah returns to Sinai, i.e., no one swears, and the defendant does not pay, but is beholden to the shevuah sworn at Har Sinai not to steal, and whoever does will be punished. "רבתוינו שבארץ ישראל" – Our teachers in Eretz Yisroel, identified as Rebbe Abba, holds: חזרה שבועה למחויב לה – the shevuah returns to the one obligated to make it, i.e., the נתבע, who was originally liable to swear. Since he cannot swear (because he is suspect), and his opponent also cannot swear, he must pay. Rebbe Abba ruled this way in the incident of "נסכא דרבי אבא", cited also on Daf 32b, where he said: כל המחויב שבועה ואינו יכול לישבע משלם – anyone who is obligated to make a shevuah and is not able to swear must pay.

The Mishnah on Daf 45a taught that a חנוני על פנקסו – storekeeper regarding his ledger may swear and collect. This means that if an employer told a storekeeper to pay his workers, and the חנוני claims he did so but the workers claim they were not paid, both parties swear to support their claim and collect from the employer (resulting in his paying twice). In a Baraisa, Rebbe said: טורח שבועה זו למה – what is the purpose of the burden of this shevuah, where someone will definitely swear falsely? Rebbe Chiya responded that Rebbe himself taught in the Mishnah: שניהם נשבעין ונוטלין מבעל הבית – both of them swear and collect from the homeowner. The Gemara asks if Rebbe accepted this reply, and presents a Baraisa in which Rebbe said: פועלין נשבעין לחנוני – the workers swear to the storekeeper. If Rebbe had retracted to his position in the Mishnah, they would swear to the בעל הבית!? Rava answers that Rebbe meant that the workers swear to the בעל הבית in the presence of the חנוני, כי היכי דליכספו מיניה – so they will be ashamed from him and not swear falsely (since he knows the truth).

If two pairs of witnesses contradict each other, Rav Huna says: זו באה בפני עצמה ומעידה – this [pair] may come alone and testify in another court case, וזו באה בפני עצמה ומעידה – and that [pair] may come alone and testify elsewhere. Neither is disqualified, because they retain their assumed reliability out of doubt. Rav Chisda said: בהדי סהדי שקרי למה לי – why should I be [involved] with lying witnesses? Neither pair can testify again, since one of them definitely lied.

This machlokes applies where the two שטרות record two different lenders lending money to two different borrowers, each signed by one of the pairs of עדים, i.e., Rav Huna would accept both שטרות, and Rav Chisda would disqualify both of out doubt. If both שטרות were from one lender to one borrower, Rav Huna agrees one שטר is invalid (and Rav Chisda agrees that one is valid), and the lender may only collect the smaller of the two amounts. If there are two lenders and one borrower, the law parallels that of the חנוני על פנסקו, and both lenders may collect (despite one שטר being invalid). If there are two borrowers and one lender, it is unresolved if he can collect both, or neither, since one is invalid.