Bava Batra 32 – Presumption and “Why Would He Lie?” argument (Civil)

One man asked the other, "What are you doing on this land?" The other replied, "I bought it from you, and here is the deed." The challenger said, "It is a forged deed, and, as you don't claim to have chazakah, you must vacate the property."

The occupant leaned over and whispered to Rabbah, "Yes, it is a forged document. However, I originally had a valid deed, and it got lost. I wanted to bring some documents to court."

Rabbah said, "Why would he lie?" He could have said that the deed was valid, and he would have believed (either the forgery was perfect or the deed was given before the sale).

Generally, "Why would he lie?" is believed, but the claimant must take a Rabbinically imposed oath that he is telling the truth.

Art: The Contract by Fritz Wagner