Sefer HaChinuch ספר החינוך

The commandment on the court to judge the case of a plaintiff and a defendant: That we have been commanded to judge the case of a plaintiff and a defendant in a court, meaning to say that we adjudicate the case of anyone who makes a claim against his fellow about anything — whether he lent [to] him or deposited with him or that [the other] stole from him or exploited him or extorted him — as it is stated (Exodus 22:8), “About any misdeed, etc. about which he will say that this is it.” And the explanation comes about this expression of “that this is it,” that we do not make an oath by writ of the Torah unless the defendant admits to part of the loan. But if he says, “There never were [such] things,” or “ I returned it all,” with a loan and even with a deposit, he is exempted from an oath by writ of the Torah (Bava Kamma 106b). And this is what they, may their memory be blessed, said in the Gemara (Bava Kamma 107a) that when it is written, “that this is it,” it is written about a loan; meaning to say about the claim of a loan, which is that I paid it or that there were never [such] things. But about the claim of guardians — which is a claim of matters beyond his control or [of] theft — even if he does not admit to part [of the claim] but rather says that everything was beyond his control, he is obligated to take an oath. And included in this verse are all of the claims between people that bring with them admission or denial.

The root of the laws is well-known.

Its laws are, for example, one who admits partially must take an oath by Torah writ — the explanation [of which] is one who admits to [owing] a perutah (the smallest bronze coin) but denies [owing] two meah of silver (the smallest silver coin), as [for] less then that he never takes an oath from Torah writ, unless a witness testifies against him, [then] he must swear even when he denies less than two meah (Shevuot 39b), but for less than a perutah, he never swears unless [the] claim was for vessels, as with vessels — even if they claimed two needles, and he admitted about one and denied one, he must swear; when he swears from his partial admission when they claimed something measured, numbered or weighed; the law of one who denies everything; an admission from the [same] type as the claim; the admission of a litigant; the laws of guardians; one who is obligated [to take] an oath by Torah or rabbinic writ; the law of one who swears and becomes exempt, and one who swears and takes [the disputed money or item]; the law of one who is suspect for an oath; reversals of the oath; for which sin does he become suspect; what repentance extricates him from the suspicion; the one who was not known not to be suspect and won money [in the case], and afterwards witnesses came [to testify] that he was suspect, that he is obligated to return the money; what is the law of someone who is obligated an oath but he cannot swear (Bava Batra 34a); the laws of migo (a logic establishing credibility, Ketuvot 12a); the laws of a certain claim [as opposed to] a possible claim (Bava Batra 118a); the laws of adding an oath [onto another] (Shevuot 45a), whether it is a certain one onto a certain one or onto a possible one, or even a possible one onto a possible one, and [that] for every type of oath there is addition — whether [the oath] is from the Torah, or rabbinic, or even from the decree of the later authorities; the laws of claims wherein we treat the defendant like one who returns a lost object (Shevuot 31b); things about which we do not make an oath from Torah writ; if we judge produce that has reached shoulders (is ready to be harvested) like land regarding an oath; whether we coerce one who says to his fellow, “There is a deed in your hand and I have a right to it,” to bring it out; the law of one who comes to pay, not in front of the creditor; the law of one who gives a loan upon collateral and the collateral is lost, when they disagree with each other about the number of coins loaned; the law of the creditor who is in the settlement, but [the debtor] wants to pay in the wilderness; the law of the borrower who says, “I paid half,” and the witnesses testify that he paid it all; the law of the borrower who admits that they wrote the deed and claims that he paid it, whether the creditor must keep [the deed]; the law of a deed upon which he made a loan and the deed was paid back (Ketuvot 85a); the law of one who sends an amount in the hand of an agent to someone to whom he owes it, and wants to retract [the agency]; the law of a claim that it was paid for a deed in the hand of a third party; the law of whether a deed that does not have the time or place [written] on it is valid (Ketuvot 110b); the law of responsibility for an error of the scribe in all deeds besides a deed of gifting; the law of one who puts a lien on his movable goods, and one who makes his field or slave into collateral, [implicitly] or explicitly (Gittin 41a); the law of tearing [away] the profit and the fruit, whether it is the victim of theft or the creditor [that is coming to do so] (Gittin 48b); the law of the one who lost his deed or it was erased; the law of who must give the wage for the writing of the deed; the law that the appropriation [to pay a debt] can always be reversed, unless he sold the place or gave it as a gift (Bava Metzia 35a); the law of the things about which there is no oath, but just a general excommunication; that we do not swear based on the claim of a deaf-mute, a mentally incapacitated person or a minor (Shevuot 38b); the laws [of cases] that come from them with adults; that we only take testimony in front of the litigant; that a minor is like naught, even when he is in front of him; that a blind man is like a healthy one, for everything except for testimony; the law of the storekeeper [recording] on his ledger (Shevuot 44b); [that] the gathering of the three [parties, engenders] acquisition and that it is a law without an explanation, and everything related to this matter;

the laws of one given power of attorney (Bava Kamma 70a) towards the one he was appointed against and towards the one who appointed him, and the wording of appointment — which is, “Take it to court and own it and take it for yourself”; and [that] the law of one who says, “I did not take out a loan,” is as if he said, “I did not repay [it]” (Shevuot 41b); the laws of one who is assumed to be [dishonest] (Bava Metzia 17a); the law of one to whom the court says, “Go out and pay him,” and he says, “I paid,” or [if they say,] “You are obligated to give [it] to him”; the one who says, “Do not repay me without witnesses,” or “[Repay me] in front of x and y,” and what the law would be if they went to the country of the sea (far away); the law of whether witnesses of repayment are effective for a [borrower] who trusts the creditor with a deed as if there were two witnesses (Shevuot 42b); the law of in which matter a person can [effectively] say, “I was fooling you,” or if a person cannot say [it at all] (Sanhedrin 29a); the law of the one who [wants to] extract [something] from his fellow, and the things wherein [there is validity to continued] possession — such that the one who claims them is [considered] the one who [wants to] extract them; the laws of possession (Bava Batra 28a); the laws of collections, for what do we go down to (impound) his properties; the laws of guarantees (Bava Batra 176b); the laws of protests (Bava Batra 38b); the law of the people against whom we do not establish possession, and that do not establish possession towards another; and all the laws of [making the first offer to neighbors]. And the rest of its many details — are [all] elucidated in [Bava] Kamma, mostly in the third chapter, and in [Bava] Metzia, mostly in the first chapter, and in the eighth of [Bava] Batra, and in Shevuot in the fifth, sixth and seventh chapters, and a few laws are in many scattered places in the Gemara. (See Tur, Choshen Mishpat 89-94, etc.)

And this commandment that we are obligated to judge is practiced by males, but not by females, as they do not judge. But nonetheless, women are included in the law of payments for everything, though there is a small difference in the claims of married women in well-known things, as we will explain in the places that we mentioned. And [it] is also practiced in every place and at all times. And a court that transgresses it and did not administer justice — if it had the power [to do so] — has violated a positive commandment. And its punishment is very great, as it causes destruction to the world — since the world is only civilized with justice. And it is like they, may their memory be blessed, said (Avot 1:18), “On three things the world stands” — and one of them is justice. And this is one of the commandments that all of the people of the world are commanded more generally, since the civilization of the world is impossible without it.