Friday, October 9, 2009

Bava Batra 49 – Witnesses Can't Change their Minds (Civil)

Tabbi distressed Pappi until he relented and sold him what he demanded. Rabbah bar bar Chanah signed two documents: a notification that the sale was executed under duress, as well as the document of purchase.

Said Rav Huna: both documents have legal force. But how can it be? Instead, Rav Huna meant that the forced sale would be valid if not canceled by the prior notification – since it was Rav Huna who introduced the forced sale rule.

But we have a rule that a witness, having testified, can't offer a new testimony contradicting his first one. How could Rabbah sign on both documents? - Exactly! Since he signed on the notification of duress first, his signature on the sale document becomes invalid.

Art: Queen Elizabeth Sign The Condemnation To Death To Maria Stuart by Sandon Liezen Mayer

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