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.
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.
מִצְוַת בֵּית דִּין לָדוּן בְּדִין טוֹעֵן וְנִטְעָן – שֶׁנִּצְטַוִּינוּ לָדוּן בְּדִין טוֹעֵן וְנִטְעָן, כְּלוֹמַר שֶׁנַּעֲשֶׂה דִּין לְכָל מִי שֶׁתּוֹבֵעַ אֶת חֲבֵרוֹ בְּשׁוּם דָּבָר אוֹ שֶׁהִלְוָהוּ אוֹ הִפְקִידוֹ אוֹ גְּזָלוֹ אוֹ עֲשָׁקוֹ אוֹ חֲמָסוֹ, שֶׁנֶּאֱמַר (שמות כב ח) עַל כָּל דְּבַר פֶּשַׁע וְגוֹ' אֲשֶׁר יֹאמַר כִּי הוּא זֶה. וּבָא הַפֵּרוּשׁ (ב"ק קו, ב) עַל לָשׁוֹן זֶה שֶׁל כִּי הוּא זֶה, שֶׁאֵין נִשְׁבָּעִין מִן הַתּוֹרָה אֶלָּא אִם כֵּן יוֹדֶה הַנִּתְבָּע בְּמִקְצָת הַהַלְוָאָה, אֲבָל אִם יֹאמַר לֹא הָיוּ דְּבָרִים מֵעוֹלָם, אוֹ הֶחְזַרְתִּי הַכֹּל בְּמִלְוָה, וַאֲפִילּוּ בְּפִקָּדוֹן, פָּטוּר מִשְּׁבוּעָה מִן הַתּוֹרָה. וְזֶהוּ שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה בַּגְּמָרָא (שם קז, א) דְּכִי כְּתִיב כִּי הוּא זֶה אַמִּלְוָה הוּא דִּכְתִיב, כְּלוֹמַר עַל טַעֲנַת מִלְוָה שֶׁהִיא פְּרַעְתִּיךָ אוֹ לֹא הָיוּ דְּבָרִים מֵעוֹלָם. אֲבָל עַל טַעֲנַת שׁוֹמְרִים שֶׁהִיא טַעֲנַת אֹנֶס אוֹ גְּנֵבָה אֲפִלּוּ אִם לֹא יוֹדֶה מִקְצָת אֶלָּא יֹאמַר הַכֹּל נֶאֱנַס, חַיָּב לִשָּׁבַע. וּבְפָסוּק זֶה נִכְלְלוּ כָּל הַתְּבִיעוֹת שֶׁבֵּין בְּנֵי אָדָם שֶׁיִּכָּנֵס בֵּינֵיהֶם הַהוֹדָאָה וְהַהַכְחָשָׁה.
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.
שֹׁרֶשׁ הַדִּינִין יָדוּעַ.
The root of the laws is well-known.
דִּינֶיהָ כְּגוֹן מוֹדֶה בְּמִקְצָת שֶׁנִּשְׁבַּע מִדְּאוֹרַיְתָא, פֵּרוּשׁ, (שבועות לט, ב) מוֹדֶה בִּפְרוּטָה וְכוֹפֵר בִּשְׁתֵּי מָעִין כֶּסֶף, דְּפָחוֹת מִכֵּן אֵינוֹ נִשְׁבָּע דְּאוֹרַיְתָא, אֶלָּא אִם כֵּן עֵד מֵעִיד כְּנֶגְדּוֹ שֶׁנִּשְׁבָּע אֲפִלּוּ כְּשֶׁכּוֹפֵר בְּפָחוֹת מִשְּׁתֵּי מָעִין. אֲבָל בְּפָחוֹת מִפְּרוּטָה אֵינוֹ נִשְׁבָּע לְעוֹלָם אֶלָּא אִם כֵּן טְעָנוֹ כֵּלִים, שֶׁבְּכֵלִים אֲפִלּוּ טְעָנוֹ שְׁנֵי מְחָטִין וְהוֹדָה בְּאַחַת וְכָפַר בְּאַחַת נִשְׁבָּע. וּכְשֶׁנִּשְׁבָּע בְּהוֹדָאַת מִקְצָת כְּשֶׁטְּעָנוֹ בְּדָבָר שֶׁבְּמִדָּה אוֹ מִנְיָן אוֹ מִשְׁקָל, וְדִין כּוֹפֵר בַּכֹּל, וְהוֹדָאָה מִמִּין הַטַּעֲנָה, וְהוֹדָאַת בַּעַל דִּין, וְדִינֵי שׁוֹמְרִים, וּמְחֻיָּב שְׁבוּעָה דְּאוֹרַיְתָא אוֹ דְּרַבָּנָן, וְדִינֵי נִשְׁבָּע וְנִפְטָר, וְנִשְׁבָּע וְנוֹטֵל, וְדִין חָשׁוּד עַל הַשְּׁבוּעָה, וְהִפּוּכֵי הַשְּׁבוּעָה, וּבְאֵיזוֹ עֲבֵרָה נַעֲשֶׂה חָשׁוּד, וְאֵי זוֹ תְּשׁוּבָה יוֹצִיאֶנּוּ מִן הַחֲשָׁד וּמִי שֶׁלֹּא נוֹדַע שֶׁהוּא חָשׁוּד וְזָכָה בְּמָמוֹן בִּשְׁבוּעָתוֹ וְאַחַר כָּךְ בָּאוּ עֵדִים שֶׁחָשׁוּד הָיָה שֶׁחַיָּב לְהַחְזִיר הַמָּמוֹן. וּמְחֻיָּב (ב"ב לד, א) שְׁבוּעָה שֶׁאֵינוֹ יָכוֹל לִשָּׁבַע מַה דִּינוֹ, וְדִינֵי (כתובות יב, א) מִגּוֹ, וְדִינֵי (ב"ק קיח, א) בָּרִי וְשֶׁמָּא, וְדִינֵי (שבועות מה, א) גִּלְגּוּל שְׁבוּעָה בֵּין בָּרִי עַל בָּרִי אוֹ עַל שֶׁמָּא. וַאֲפִלּוּ שֶׁמָּא עַל שֶׁמָּא, בְּכָל עִנְיַן שְׁבוּעָה מְגַלְגְּלִין, וּבְכָל עִנְיַן שְׁבוּעָה יֵשׁ גִּלְגּוּל בֵּין דְּאוֹרַיְתָא אוֹ דְּרַבָּנָן, וַאֲפִלּוּ שֶׁהִיא תַּקָּנַת אַחֲרוֹנִים. וְדִינֵי (שם לא, ב) הַטְּעָנוֹת שֶׁאָנוּ דָּנִים הַנִּתְבָּע כְּמֵשִׁיב אֲבֵדָה, וְהַדְּבָרִים שֶׁאֵין נִשְׁבָּעִין עֲלֵיהֶם דִּין תּוֹרָה, וּפֵרוֹת שֶׁהִגִּיעוּ לְכַתָּפִים אִם דִּינָן כְּקַרְקַע לְעִנְיַן שְׁבוּעָה, וְהָאוֹמֵר לַחֲבֵרוֹ שְׁטָר בְּיָדְךָ וּזְכוּת יֵשׁ לִי בּוֹ, אִם כּוֹפִין אוֹתוֹ לְהוֹצִיאוֹ, וְדִין הַבָּא לִפְרֹעַ שֶׁלֹּא בִּפְנֵי הַמַּלְוֶה, וְדִין מַלְוֶה עַל הַמַּשְׁכּוֹן וְאָבַד הַמַּשְׁכּוֹן אִם חוֹלְקִין זֶה עַל זֶה בְּמִנְיַן מְעוֹת הַמַּלְוֶה, וְדִין הַמַּלְוֶה בְּיִשּׁוּב וְרָצָה לְפָרְעוֹ בַּמִּדְבָּר, וְדִין לוֹוֶה אוֹמֵר פָּרַעְתִּי מֶחֱצָה וְהָעֵדִים מְעִידִין שֶׁפְּרָעוֹ כֻּלּוֹ, וְדִין לֹוֶה מוֹדֶה בִּשְׁטָר שֶׁכְּתָבוֹ וְטוֹעֵן שֶׁפְּרָעוֹ אִם צָרִיךְ לְקַיְּמוֹ הַמַּלְוֶה, וְדִין (כתובות פה, א) שְׁטָר שֶׁלָּוָה בּוֹ וּפְרָעוֹ, וְדִין שׁוֹלֵחַ מָנֶה בְּיַד שָׁלִיחַ לְמִי שֶׁנִּתְחַיֵּב לוֹ וּבָא לַחְזֹר בּוֹ, וְדִין טַעֲנַת פָּרוּעַ בִּשְׁטָר שֶׁבְּיַד שָׁלִישׁ, וְדִין (שם קי, ב) שְׁטָר שֶׁאֵין בּוֹ מָקוֹם אוֹ זְמַן אִם כָּשֵׁר, וְדִין (ב"מ טו, ב) אַחְרָיוּת טָעוּת סוֹפֵר בְּכָל הַשְּׁטָרוֹת חוּץ מִשִּׁטְרֵי מַתָּנָה, וְדִין מְשַׁעְבֵּד מִטַּלְטְלִין שֶׁלּוֹ, וְהָעוֹשֶׂה (גיטין מא, א) שָׂדֵהוּ אוֹ עַבְדּוֹ אַפּוֹתִיקֵי סְתָם אוֹ מְפֹרָשׁ, וְדִין (שם מח, ב) טְרִיפַת שֶׁבַח וּפֵרוֹת בֵּין בְּנִגְזָל בֵּין בְּבַעַל חוֹב, וְדִין מִי שֶׁאָבַד שְׁטָרוֹ אוֹ נִמְחַק, וְדִין מִי נוֹתֵן שְׂכַר כְּתִיבַת הַשְּׁטָר, וְדִין (ב"מ לה, א) שׁוּמָא דְּהָדְרָא לְעוֹלָם, אֶלָּא אִם כֵּן זַבְּנַהּ אוֹרְתַהּ אוֹ יַהְבַהּ בְּמַתָּנָה, וְדִין הַדְּבָרִים שֶׁאֵין שְׁבוּעָה בָּהֶן אֶלָּא חֵרֶם סְתָם, וְשֶׁאֵין (שבועות לח, ב) נִשְׁבָּעִין עַל טַעֲנַת חֵרֵשׁ שׁוֹטֶה וְקָטָן, וְהַדִּינִין הַיּוֹצְאִין מֵהֶן עִם הַגְּדוֹלִים, וְשֶׁאֵין מְקַבְּלִין עֵדוּת אֶלָּא בִּפְנֵי בַּעַל דִּין, וְקָטָן אֲפִלּוּ בְּפָנָיו כְּאִלּוּ אֵינוֹ וְהַסּוּמָא שֶׁהוּא כְּבָרִיא לְכָל דָּבָר חוּץ מֵעֵדוּת, וְדִין (שם מד, ב) חֶנְוָנִי עַל פִּנְקָסוֹ, וּמַעֲמָד (גיטין יג, ב) שְׁלָשְׁתָּן קוֹנֶה וְהִיא הִלְכְתָא בְּלֹא טַעְמָא וְכָל הַתָּלוּי בְּזֶה הָעִנְיָן.
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;
וְדִינֵי (ב"ק ע, א) מֻרְשֶׁה עִם מִי שֶׁהֻרְשָׁה עָלָיו וְעִם מִי שֶׁהִרְשָׁהוּ, וּלְשׁוֹן הַהַרְשָׁאָה שֶׁהוּא דּוּן וּזְכֵה וְאַפֵּק לְנַפְשָׁךְ, וְדִין (שבועות מא, ב) הָאוֹמֵר לֹא לָוִיתִי כְּאוֹמֵר לֹא פָּרַעְתִּי, וְדִינֵי (ב"מ יז, א) מִי שֶׁהֻחְזַק כַּפְרָן, וְדִין (ב"מ שם) מִי שֶׁאוֹמֵר לוֹ בֵּית דִּין צֵא תֵּן לוֹ וְאָמַר פָּרַעְתִּי, אוֹ חַיָּב אַתָּה לִתֵּן לוֹ, וְדִין הָאוֹמֵר אַל תִּפְרָעֵנִי אֶלָּא בְּעֵדִים, אוֹ בִּפְנֵי פְּלוֹנִי וּפְלוֹנִי וְאִם הָלְכוּ לִמְדִינַת הַיָּם מַה יִהְיֶה עָלָיו, וְדִין (שבועות מב, ב) הַמַּאֲמִין הַמַּלְוֶה בִּשְׁטָר כִּשְׁנֵי עֵדִים אִם יוֹעִילוּ לוֹ עֵדֵי פֵּרָעוֹן, וְדִין (סנהדרין כט, א) בְּאֵי זֶה עִנְיָן יָכוֹל אָדָם לוֹמַר מְשַׁטֶּה הָיִיתִי בְּךָ אוֹ אֵין אָדָם יָכוֹל לוֹמַר, וְדִין הַמּוֹצִיא מֵחֲבֵרוֹ, וְהַדְּבָרִים שֶׁיֵּשׁ לָהֶן חֲזָקָה שֶׁנִּקְרָא הַתּוֹבְעָן מוֹצִיא, וְדִינֵי (ב"ב כח, א) חֲזָקוֹת, וְדִינֵי גְּבִיּוֹת בְּאֵיזֶה עִנְיָן יוֹרְדִין לִנְכָסָיו, וְדִינֵי (שם קעו, ב) עַרְבוּת, וְדִינֵי (שם לח, ב) מְחָאוֹת, וְדִין הָאֲנָשִׁים שֶׁאֵין מַחְזִיקִין עֲלֵיהֶן וְלֹא הֵם עַל אַחֵר, וְכָל דִּינֵי (ב"מ קח, א) מַצְרָנוּת. וְיֶתֶר רֻבֵּי פְּרָטֶיהָ מְבֹאָרִים בְּקַמָּא, וְעִקָּר בְּפֶרֶק שְׁלִישִׁי, וּבִמְצִיעָא, וְעִקָּר בְּפֶרֶק רִאשׁוֹן, וּשְׁמִינִי דְּבָתְרָא, וּבִשְׁבוּעוֹת בְּפֶרֶק חֲמִישִׁי וְשִׁשִּׁי וּשְׁבִיעִי, וּבְהַרְבֵּה מְקוֹמוֹת בַּגְּמָרָא בְּפִזּוּר קְצָת מִן הַדִּינִין. [ח"ה מפט עד צד וכו']
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.)
וְנוֹהֶגֶת מִצְוָה זוֹ, שֶׁאָנוּ חַיָּבִין לָדוּן, בִּזְכָרִים אֲבָל לֹא בִּנְקֵבוֹת, שֶׁאֵינָן דָּנוֹת, אֲבָל מִכָּל מָקוֹם הֵן בְּתוֹרַת דִּינִין לְתַשְׁלוּמִין וּלְכָל דָּבָר, אֶלָּא שֶׁיֵּשׁ חִלּוּק קְצָת בְּטַעֲנוֹת הַנְּשׂוּאוֹת בְּעִנְיָנִים יְדוּעִים, כְּמוֹ שֶׁמְּפֹרָשׁ בַּמְּקוֹמוֹת שֶׁזָּכַרְנוּ. וְגַם כֵּן נוֹהֶגֶת בְּכָל מָקוֹם וּבְכָל זְמַן. וּבֵית דִּין הָעוֹבֵר עָלֶיהָ וְלֹא עָשָׂה דִּין אִם יֵשׁ כֹּחַ בְּיָדוֹ בִּטֵּל עֲשֵׂה, וְעָנְשׁוֹ גָּדוֹל מְאֹד, שֶׁגּוֹרֵם חֻרְבַּן לָאָרֶץ, שֶׁאֵין הָאָרֶץ מִתְיַשֶּׁבֶת אֶלָּא בַּדִּין, וּכְמוֹ שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (אבות א, יח) עַל שְׁלשָׁה דְבָרִים הָעוֹלָם עוֹמֵד, וְאֶחָד מֵהֶן הוּא הַדִּין. וְזֹאת אַחַת מִן הַמִּצְוֹת שֶׁנִּצְטַוּוּ עָלֶיהָ כָּל בְּנֵי הָעוֹלָם בִּכְלָלָם, לְפִי שֶׁאִי אֶפְשָׁר לְיִשּׁוּב הָעוֹלָם זוּלָתָהּ.
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.