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77. Claimant and Claimee - Toen ve-Nitan
If a claim concerning tangible, movable property is
made against someone and he admits to part of it or
there is a single witness against him or he is a renter
or watcher, he must take an oath and is then excused, as
it says "[On every matter of wrongdoing...] about which he
says `This is it' [the matter of the two of them shall
come before the judges]"1; if he refuses to swear
he must pay. If he denies the entire claim
or if the claim concerns real estate or the like he can
(rabbinically) take an oath and be excused
or he can require that the claimant take an oath. The
sages required certain persons to take oaths before
collecting what is due them -- for example, a hired worker
or an injured party; they also instituted oaths between partners and
the like. It is forbidden to make false claims, as it says
"You shall keep far away from a false statement".2,a
Movable property found in someone's possession is
presumed to be his even if it is known that it once belonged
to someone else, unless it is a thing that is normally rented
or loaned or he is a person who normally has others' property
in his possession (for example, a craftsman) or it is an
animal that wanders freely. Real estate, however, is not presumed
to belong to the one in possession of it unless he has been in
possession for a period of time sufficient for the owner
to have protested; and even this is not effective if he is
a craftsman, sharecropper, guardian, partner or close
relative, or if he is a criminal or has legal disabilities.b
Sources: |
| 1. Ex. 22:8 |
a. 1:1-6; 5:1; 16:9-10 |
| 2. Ex. 23;7 |
b. 8:1,3; 9:1; 10:1; 11:1-2; 13:1-2 |
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