The Golds were packing to go away for Pesach.

“What should we do with my jewelry?” Mrs. Gold asked her husband. “I’m afraid to leave it unattended in the apartment. There has been a rash of robberies recently in the building.”

“We can leave the jewelry with our neighbors, the Ehrlichs,” suggested Mr. Gold. “They have a safe in their apartment.”

“That would be good,” said Mrs. Gold. “I would feel more secure knowing that the jewelry was stowed away.”

Mr. Gold called the Ehrlichs and asked if he could put some jewelry in their safe over Pesach.

“That’s fine,” said Mr. Ehrlich. “We’ll be happy to keep it in our safe.”

Mrs. Gold gathered together the valuable jewelry she wasn’t planning to take and put it in a bag. Mr. Gold brought it over to the Ehrlichs. He quickly showed Mr. Ehrlich the contents of the bag and then knotted it carefully.

Mr. Ehrlich put the bag in his safe.

“Have a safe trip,” Mr. Ehrlich wished Mr. Gold. “Chag kasher v’sameach!”

When the Golds returned two weeks later, Mr. Gold went to retrieve the bag of jewelry. Mr. Ehrlich took the bag out of the safe.

Mr. Gold took the bag and untied it. He perused the contents. With a concerned look, he said, “Would you mind if I examined the contents before retuning home?”

“You’re welcome to,” said Mr. Ehrlich, “but I assure you that nobody touched the bag while you were gone.”

Mr. Gold took out the items one by one. “There was also a golden pin with a diamond tip that is missing!” he said.

“I have no idea whether there was or wasn’t such a pin,” said Mr. Ehrlich in an offended tone. “I didn’t examine the contents of the bag carefully when you gave it to me. I assure you, though, that whatever you put in there is what you got back!”

“I am sure the pin was in the bag,” said Mr. Gold softly. “You’re obligated to swear a Torah oath of modeh b’miktzas, partial admission, or pay for the pin. We’re going to have to take this up with Rabbi Dayan.”

Mr. Gold and Mr. Ehrlich met with Rabbi Dayan.

“I gave Mr. Ehrlich a bag of jewelry to keep in his safe over Pesach and a diamond-tipped pin is missing from the bag,” said Mr. Gold. “He doesn’t know whether he received the pin, but claims that he returned the bag intact. Is this not a case of modeh b’miktzas, partial admission?”

“At first glance, it might seem so,” replied Rabbi Dayan. “Mr. Ehrlich admits to having received a bag of jewelry, but denies having received that pin in the bag. If so, he would be obligated in a Torah oath to deny the claim.

“However, the truth is that Mr. Ehrlich is not required to make a Torah oath.”

“Why not?” asked Mr. Gold.

“There is a significant exception to the rule of partial admission known as heilech, ‘Here, take it,’” answered Rabbi Dayan. “If the defendant admits partially, but is prepared to return the admitted items — or to pay immediately in beis din the sum that he admits — we do not view the case as one of partial admission; he is not required to make the Torah oath of modeh b’miktzas (C.M. 87:1; 88:24).”

“I don’t quite follow,” said Mr. Ehrlich. “Why should that make a difference?”

“Since Mr. Ehrlich returned the remaining jewelry, the entire litigation revolves only around the gold pin,” explained Rabbi Dayan. “Mr. Gold claims that he entrusted a certain pin; Mr. Ehrlich denies it. Thus, there is no partial admission of the litigation claim. At most, Mr. Gold would be obligated to make a rabbinic oath (see also C.M. 88:23).”

“When would there be a case of partial admission?” asked Mr. Gold.

“Only if the defendant admits to owing, but is not in position to pay immediately,” said Rabbi Dayan. “Then the litigation relates to the entire amount, to which he admits partially (see Shach 87:3).”