Avraham Venismach asked:
"fear that the lender will invalidate the trustworthiness of the borrower by showing the item after the borrower swears as to its value"
The item was lost. Is the Gemmara assuming that the item was found?
Thank you
Avraham Venismach, Moshav Keshet, Ramat HaGolan, Israel
The Kollel replies:
Dear Avraham,
All we know is that the lender says the item is gone. The Gemara on 35a tries to learn that there were witnesses that the item was burnt or stolen. There is a possibility that the lender will make an effort to find the lost item, or to retrieve it from the robber. The Gemara is therefore afraid that for whatever reason or circumstance the lender will show the item after the borrower swears.
All the best,
R. Weiner