That we do not disavow money that is in our hand from another: That we not disavow that which is deposited into our hand, and about anything that is to us of someone else’s, as it is stated (Leviticus 19:11), “you shall not disavow.” And the explanation came (Shevuot 37b) that the verse is referring to money. And the language of Sifra, Kedoshim, Section 2:3 is: “Since it is stated (Leviticus 5:22), ‘and he disavows it and swears falsely,’ we have learned the punishment. From where is the warning? [Hence,] we learn to say, ‘and you shall not disavow.’” This is also from the commandments about which the intellect testifies.
From the laws of the commandment is that which they, may their memory be blessed, said (Bava Metzia 5b) that one who denies a deposit is disqualified from testimony — and even though he did not make an oath. And they said in the Gemara, [this is] specifically when the witnesses say that the deposit is in his house at that time. Its details are elucidated in [scattered] places in Tracatate Shevuot. (See Tur, Choshen Mishpat 94.)
And this prohibition is practiced in every place and at all times by males and females. And one who transgresses it and disavows to his compatriot [having] something of monetary value violates this negative commandment, and it is like he violates a commandment of the King. But there are no lashes for it.
שֶׁלֹּא נְכַחֵשׁ עַל מָמוֹן שֶׁיֵּשׁ לְאַחֵר בְּיָדֵינוּ – שֶׁלֹּא נְכַחֵשׁ בַּמֶּה שֶׁהֻפְקַד בְּיָדֵינוּ וּבְכָל מָה שֶׁיֵּשׁ לְזוּלָתֵנוּ עָלֵינוּ, שֶׁנֶּאֱמַר (ויקרא יט יא) לֹא תְכַחֲשׁוּ. וּבָא הַפֵּרוּשׁ (שבועות לז ב), שֶׁבְּמָמוֹן הַכָּתוּב מְדַבֵּר. וּלְשׁוֹן סִפְרָא (קדושים ב ג) לְפִי שֶׁנֶּאֱמַר וְכִחֶשׁ בָּהּ וְנִשְׁבַּע עַל שָׁקֶר. לָמַדְנוּ עֹנֶשׁ, אַזְהָרָה מִנַּיִן, תַּלְמוּד לוֹמַר וְלֹא תְכַחֲשׁוּ. גַּם זֹאת מִן הַמִּצְוֹת שֶׁהַשֵּׂכֶל מֵעִיד בָּהֶן.
That we do not disavow money that is in our hand from another: That we not disavow that which is deposited into our hand, and about anything that is to us of someone else’s, as it is stated (Leviticus 19:11), “you shall not disavow.” And the explanation came (Shevuot 37b) that the verse is referring to money. And the language of Sifra, Kedoshim, Section 2:3 is: “Since it is stated (Leviticus 5:22), ‘and he disavows it and swears falsely,’ we have learned the punishment. From where is the warning? [Hence,] we learn to say, ‘and you shall not disavow.’” This is also from the commandments about which the intellect testifies.
מִדִּינֵי הַמִּצְוָה. מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (ב"מ ה ב) שֶׁהַכּוֹפֵר בְּפִקָּדוֹן פָּסוּל לְעֵדוּת, וְאַף עַל פִּי שֶׁלֹּא נִשְׁבַּע. וְאָמְרוּ בַּגְּמָרָא וְדַוְקָא דְּאָמְרֵי סָהֲדֵי דְּהַהִיא שַׁעְתָּא הֲוָה פִּקָּדוֹן בְּבֵיתֵהּ. פְּרָטֶיהָ, מְבֹאָרִין בִּמְקוֹמוֹת מִמַּסֶּכֶת שְׁבוּעוֹת (לז, ב) [ח"מ סימן צ"ד].
From the laws of the commandment is that which they, may their memory be blessed, said (Bava Metzia 5b) that one who denies a deposit is disqualified from testimony — and even though he did not make an oath. And they said in the Gemara, [this is] specifically when the witnesses say that the deposit is in his house at that time. Its details are elucidated in [scattered] places in Tracatate Shevuot. (See Tur, Choshen Mishpat 94.)
וְנוֹהֵג אִסּוּר זֶה בְּכָל מָקוֹם וּבְכָל זְמַן בִּזְכָרִים וּנְקֵבוֹת. וְהָעוֹבֵר עָלֶיהָ וְכִחֵשׁ בַּעֲמִיתוֹ בְּדָבָר שֶׁבְּמָמוֹן עָבַר עַל לָאו זֶה, וְהוּא כְּעוֹבֵר עַל מִצְוַת מֶלֶךְ, אֲבָל אֵין בּוֹ מַלְקוּת.
And this prohibition is practiced in every place and at all times by males and females. And one who transgresses it and disavows to his compatriot [having] something of monetary value violates this negative commandment, and it is like he violates a commandment of the King. But there are no lashes for it.