Translation:Shulchan Aruch/Choshen Mishpat/295

Paragraph 1- If an unpaid watchman says he will pay and not swear and the deposit was an item where others of its type are the same and can be purchased in the market, such as fruits, wool or flax curtains that are consistent among all curtains or beams without any drawings or anything similar, the watchman would pay and not swear. If the deposit was an animal, pictured clothing, a ready vessel or anything that one cannot purchase another of its kind in the market, however, we are concerned the watchman may have set his eyes on it and we would have him swear while grasping a holy item that it is not in his possession and he would then pay. The same is true with other watchman, such as a borrower who said the deposit died or was stolen, or a paid watchman or renter who said it was stolen or misplaced. Although they are required to pay, we would have them take an oath that it is not in their possession, and they would then pay for the value of the animal or item we are concerned he has set his eyes on. If the owner claims the item was worth more than this amount, the watchman would include in his oath that it was only worth such and such amount.

Paragraph 2- Accordingly, every watchman who swears includes three things in his oath: he watched the way watchman do and such and such incident occurred, the item is not in his possession and he did not lay a hand on item prior to the incident that exempted him. If the watchman wants to pay, he swears that the item is not in his possession and includes in his oath that it was worth such and such amount. If he paid and did not want to swear, and the thief was later identified, the watchman would acquire any appreciation that comes from an external source, but not from the item itself.

Paragraph 3- There are those who say that even if the deposited, rented or borrowed item was only worth a perutah, the watchman would still swear, and none of the watchmen require a partial admission and partial denial. Many disagree with the view that a watchman would swear on an item worth a pertuah, and they say a denial of two silver coins is required.