בס"ד
MUSING ABOUT AN OATH:
The Gemara in Buba Metzia page 4 involves itself in a discussion about oaths. The general topic is if two people are holding a cloak and both claim it is entirely theirs then they swear that they own at least half of the tallit and divide it. To a certain extent this is based on Exodus 22:7 which states that if a person gives an article to his neighbor for safekeeping and the article is subsequently stolen then, the neighbor must swear that he himself did not take the item.
Based on this the Gemara explores the idea of when an oath is appropriate. A major concern is not to create a situation where a false oath will be made. The tone of the Chumash is that the item in question really was stolen. However to put everybody's mind at ease about this the neighbor swears an oath. This presupposes that the neighbor is not a liar who has respect for religion including fear of the Almighty.
Part of the discussion revolves around a מודה במקצת. This literally means he acknowledges part and applies to one who acknowledges a debt but claims the amount owed is less. Because there is no evidence of a debt, the defendant is in a position to deny there is any debt whatsoever. As a result he must swear that he owes the lower amount and no action is taken on the disputed amount. Part of the analysis is that the borrower is fundamentally honest. Therefore if he really did owe the higher amount, he would admit to it rather than swear a false oath. In the case of one who owes money and denies it entirely, the belief is that he would also lie under oath. As such, administering an oath is pointless.
The hint in all of this is that we should prefer to do business with reputable people. A problem may create a hassle, but in the end they will make good.
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