Parallel
סנהדרין 23:2
Soncino English Talmud · Berean Standard Bible
When R. Dimi came [from Palestine] he said in R. Johanan's name: The controversy arises only where [the plaintiff said that he could produce] two pairs of witnesses. Now, R. Meir holds that the litigant is obliged to verify [his statements regarding his second set of witnesses]; while the Rabbis say that he is not so obliged. But if only one pair of witnesses [are offered], all agree that they cannot be disqualified. R. Ammi and R. Assi said in R. Dimi's presence: What if there is only one pair [of witnesses]? [You ask, what if] there is only one set? Have you not just said, 'but if only one pair of witnesses [are offered] all agree that they cannot be disqualified'? But the question is, what if the second pair is found to consist of kinsfolk or to be [otherwise] ineligible? — He answered them: The first witnesses have already testified. Others say that R. Ashi gave the above answer. Shall we say that their [sc. R. Meir and the Rabbis'] dispute is the same as that of Rabbi and R. Simeon b. Gamaliel? For it has been taught: If one comes to be judged on the strength of a deed and hazakah; Rabbi said: The case must be determined by a deed. Rabban Simeon b. Gamaliel ruled: It is determined by hazakah [alone]. But we raised this question thereon: By hazakah [only], and not by deed? But rather say thus: Even by hazakah [alone]. And it is an established fact that their dispute is whether the defendant is obliged to verify [his statement]! — No, according to the view of Rabban Simeon b. Gamaliel, none [i.e. neither R. Meir nor the Rabbis] differ here; they only differ on the basis of Rabbi's opinion. Thus, R. Meir agrees with Rabbi. But the Rabbis can tell thee: Rabbi gives this ruling there only in the case of hazakah, which is valid proof only in virtue of there having been a deed. But here, since the legal standing of one pair is independent of the other, even Rabbi agrees that the claimant need not verify [his statements in full]. When Rabin came [from Palestine] he said in R. Johanan's name: The first clause [of the Mishnah]
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