Wednesday, April 29, 2009

Bava Metzia 4 - The case of “here, it (your money) is yours” (Finds)

A plaintiff claims to a defendant, "You owe me a hundred zuz  ($5000)," and the defendant says, "I owe you only fifty zuz, and here, it is yours – I haven't spent them, and they are in your legal possession."

Rabbi Chiya says that the defendant has admitted part of the claim and has to take an oath.

Rav. Sheshet says the fifty zuz are viewed as if the lender is holding them. The defendant admits nothing about them and completely denies the other fifty. Thus, there is no oath, and he is not liable for anything else.

Art: The Argument by Norman Rockwell


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