Soncino English Talmud
Bava Batra
Daf 128b
[This, surely, presents an] objection against all of them! — This is [indeed] an objection. R. Abba sent to R. Joseph b. Hama: If one said [something] concerning a child among [his] sons, he is to be trusted. And R. Johanan said: He is not to be trusted. What does this mean? — Abaye replied: It is this that was meant: If one said concerning a child among [his] sons [that] he shall be heir to all his estate, he is to be trusted in accordance with [the view of] R. Johanan b. Beroka; and R. Johanan said [that] he is not to be trusted, in accordance with [the view of] the Rabbis. Raba pointed out a difficulty. [If] that [is the meaning, why the expressions], 'trusted' and 'not trusted'? 'He shall be heir' and 'he shall not be heir' should have been [the expressions used]! But, said Raba, it is this that was meant: If one said concerning a child among [his] sons [that] he was the firstborn, he is to be trusted, in accordance [with the view of] R. Judah; and R. Johanan said that he was not to be trusted, in accordance with [the view of] the Rabbis. R. Abba sent to R. Joseph b. Hama: If one said, 'Let my wife receive [a share in my estate] as [any] one of [my] sons,' she is to receive [a share] like [any] one of the sons. Raba said: But [only] in the property [which he had in his possession] at that time, and among the sons who may appear subsequently. R. Abba sent to R. Joseph b. Hama: [In the case when] one produces a bond of indebtedness against another, and the lender states, 'I received no payment at all', and the borrower pleads, 'I have paid a half', while witnesses testify that all [the debt] was paid, that [borrower] must take an oath, and the [lender] collects the [other] half from [the borrower's] free property but not from [that] which has been disposed of, for [the buyers or the creditors] can say, 'We rely upon the witness.' And even [according] to R. Akiba, who said [that he is to be treated in the same way as] one who returns a lost object, these words [apply only to the case] where there are no witnesses, but where there are witnesses [his admission may be due to the fact that] he is simply afraid. Mar son of R, Ashi pointed out a difficulty: On the contrary, even [according] to R. Simeon b. Eleazar who said, [in the case mentioned, that] he is [to he treated as] one who admits part of the claim, these words, [it may be argued, are applicable only to the case] where there are no witnesses who support him, but where there are witnesses who support him, he [should] certainly [be treated as] one who returns a lost object! Mar Zutra taught in the name of R. Shimi b. Ashi: The law in [the case of] all these reported statements [is] in accordance with [the messages] which R. Abba sent to R. Joseph b. Hama. Rabina said to R. Ashi: What [about the law] of R. Nahman? He replied to him: We learnt that [message of R. Abba as], 'they may not be seized', and so said R. Nahman. What, then, does [the declaration of] the law exclude?
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