What would the beis din paskin if it had a din of Modeh B’Miktzas nowadays, since we generally don’t make shevuous nowadays? I am in a Shulchan Aruch Shiur and the Shiur would like to know the answer.
Thanks in Advance.
Answer:
The general arrangement nowadays is that a person who could have made an oath (modeh b’miktzas), yet didn’t on account of the general custom whereby the oath is not made, will pay one third of the claim. However, this is a very flexible figure, and much depends on the discretion of the dayanim, and the impression they have. Obviously, one third can sometimes be a very high sum, and if the case looks groundless, it would be unfair to extract this automatically.
Sources: See Divrei Malkiel, vol. 2, no. 133.
