Every Matter of Trespass and the Oath of Partial Admission

One who merely intended to put his hand to his fellow's deposit: the House of Shammai declare him liable and the House of Hillel exempt him. The House of Shammai say, regarding "any matter of trespass" (Exodus 22:8), that intention is treated as the deed; the House of Hillel say, "if he has not put his hand to his neighbor's goods" tells that he is not liable until he actually puts his hand to it. If so, why is "any matter of trespass" stated? Because one might think it applies only to himself; from where to include his slave and his agent? Scripture teaches "any matter of trespass." If he tilted the jar and took from it and it broke, he pays only for the quarter he took, for it says "trespass" for what he trespassed. If he uprooted it entirely, he pays its full value, for it says "any matter of trespass" for all that he trespassed. If he moved it from place to place and it broke in his hand: for his own purpose he is liable, for its owner's purpose he is exempt, for it says "trespass" this excludes one who did not trespass. "For ox, for donkey, for sheep" had it said "ox" and "trespass," I might have included only what has a firstborn for the altar, namely a sheep; therefore Scripture says "sheep," and "trespass" includes something else. Had it said "ox and sheep," I might have included only what has a firstborn for the priests, namely the donkey; therefore Scripture says "donkey," and "trespass" includes something else. Had it said ox and sheep and donkey, I might have included only what has the breath of life; therefore Scripture says "a garment," and this excludes land, slaves, and bonds of debt, which give only proof. One might think he is liable for less than the value of a perutah; Scripture teaches "a garment" just as a garment is worth at least a perutah. If one claimed of him an ox, a donkey, and a sheep, and he admitted to one of them, he is liable, for it says "for ox and for every lost thing of which he says, This is it," and likewise for donkey and for sheep. If one claimed an ox and he admitted a sheep, or claimed a sheep and admitted an ox, he is exempt: I bring in the one who admitted part of the claim and exclude the one who did not admit part of the claim. "Of which he says, This is it" one might think that just as the denial must be of two pieces of silver, so the admission; Scripture teaches "This is it" even the value of a perutah. "The matter of both shall come before the judges" if one claimed in private and the other admitted, then came to court and denied: if there are witnesses that he admitted before them, he is liable; if not, he is exempt, for it says "the matter of both" what the two of them spoke outside. "The matter of both shall come before the judges" this is an oath. "Both" is stated here and "both" further on; just as there it means an oath, so here. From here they said: three swear by Torah law the keeper, one who admits part of a claim, and one made liable by a single witness. From where that we do not incline a verdict to liability on the word of one judge? Scripture teaches "whom the judges condemn," in the plural. This excludes one who condemns himself: from here they said no one pays a penalty on his own admission. "He shall pay double to his neighbor" to his neighbor, not to the sanctuary; to his neighbor, not to others.