Translation:Shulchan Aruch/Choshen Mishpat/94
Paragraph 1- If one is obligated any oath in court- even a heses oath- his counterparty is able to roll in any claim he has against him where if the defendant would confess he would be required to pay money. There are those that write that if an oath comes about because of an oath-reversal- where the defendant told him to swear and collect, the defendant would not be able to roll in any additional oaths. If the party would not be required to pay money in the event of a confession, but would instead be required to swear, the plaintiff cannot roll in the oath. In the case of a hired worker that swears and collects, however, we would not roll in any oath. Even if the plaintiff does not make the claim to roll in the oath, the court would roll it in on their own.
Paragraph 2- We only roll in an oath where the defendant makes a certain claim and is obligated to swear. If, however, the defendant makes an uncertain claim and is required to swear, we would not roll in another oath. For the plaintiff’s uncertain claim, however, we would roll in an oath, so long as there a basis for the claim like a case of a partner-oath.
Paragraph 3- If one was obligated an oath and the plaintiff began rolling in other matters that he did not make a claim on and the defendant saw this and said he does not want to swear but just pay for the first claim that he was obligated to swear on his denial, we would not listen to him. Rather, we would tell the defendant to either pay everything included in all the certain claims made against him or swear even where the defendant is willing to pay the value of the claimed matters and the plaintiff wants the actual items that he is claiming. If, however, the plaintiff makes an uncertain claim and the defendant wants to pay the primary claim, he would not be required to pay for the rolled in claims.
Paragraph 4- If when the party is obligated to swear he says he will pay and not swear and after he says that the plaintiff claims other matters, they would not be rolled in since he already agreed to pay back before he knew that the plaintiff wanted to roll in other matters.
Paragraph 5- In the aforementioned case where certain claims are rolled in and the defendant says he does not want to swear and just wants to pay for the original claim and we said we would not listen to him and we would instead make him pay for everything or swear on everything, if he wants to swear, he would even be exempt from the original claim. Although he already agreed to pay back the original claim, he can retract, even after he leaves court, because he only agreed to pay back to exempt himself from an oath, but now that he needs to swear he can even swear on the original claim.
Paragraph 6- If one who was required to take a heses oath and saw that they were rolling in a lot of claims now reverses the oath, we would tell him to either swear on everything or reverse everything and the plaintiff can swear on all the claims and collect. If the defendant says he’ll swear on the rolled in oaths and exempt himself and the plaintiff should swear and collect the original claim, he has the authority to do so.
Paragraph 7- If the plaintiff made a claim of a maneh and the defendant confessed on 50 and said he’s unsure about the rest, and the plaintiff rolled in numerous other claims and the defendant responds that he owes nothing on the rolled in claims, although on the original oath we say we would use the principle that because he cannot swear he must pay, we would not use this principle on the rolled in claims. What would the law be? There are those that say that if he wants he would swear on the rolled in claims or he can reverse the oath. There are others that says that there is no rolled in oath because he never was required to swear. Rather he is biblically required to pay and there is nothing rolled in.
Paragraph 8- If the defendant was required to swear a biblical oath and the plaintiff wants to roll in a heses oath, the defendant can say I will swear the biblical oath to you and you should swear and collect the heses claim.
Paragraph 9- If the plaintiff made a claim of a maneh and the defendant confessed 50 and denied the other 50, and when the defendant comes to swear the plaintiff rolled in other claims and the defendant says he is unsure about the rolled in claims, he would swear on the primary claim and be exempt on the rolled in claims. We would, however, place a cherem in his presence on anyone who knows about such and such claims of so and so and does not confess.