Soncino English Talmud
Bava Batra
Daf 154a
In what [manner is] proof [produced]? — R, Huna said: Proof [is produced] by witnesses. R. Hisda and Rabbah, son of R. Huna, said: Proof [is produced] by the attestation of the deed. R. Huna said, 'Proof [is produced] by witnesses' [for he holds that] they differ on [the same] principles [as those] of R. Jacob and R. Nathan; (Mnemonic: MeNIaH) R. Meir [is of the same opinion] as R. Nathan and the Rabbis [are of the same opinion] as R. Jacob. R. Hisda and Rabbah, son of R. Huna, said, 'Proof [is produced] by the attestation of the deed,' [because] they differ [on the question whether, in the case] where a person admitted that he wrote a deed, [independent] attestation is required; for R. Meir is of the opinion [that] where one admitted that he wrote a deed, no [independent] attestation is required and the Rabbis are of the opinion [that], where one admitted that he wrote a deed, [independent] attestation [also] is required. But [did] they [not], however, once dispute on this [question]? For it was taught [in a Baraitha]: They are not believed [so far as] to invalidate it; these are the words of R. Meir. But the Sages say: They are believed! — [Both are] required. Because if [their] dispute] had been stated [in connection with] that [alone], [it might have been assumed that] in that [case only] did the Rabbis say [that attestation of the witnesses was necessary] because the witnesses are all-powerful and they themselves impair [the validity of] the document, but here, where all [the force of the document] does not depend on him, it might have been assumed [that he is] not [believed]. And if [their dispute] had been stated in [connection with] this [alone], [it might have been assumed that] in this [case only] did R. Meir say [that the donor is not believed], but in that [case] it might have been assumed [that] he agrees with the Rabbis. [Hence both were] required. Rabbah likewise stated [that the] proof is by witnesses. Abaye said unto him: What is the reason? If it be said 'Because in all [deeds] it is entered, "As he was [able] to walk about in the street", and in this [deed] no such entry is made, [therefore] it is to be concluded [that when the gift was made] he was a dying man', [it may be retorted], 'On the contrary! Since in all [deeds] it is entered, "As he was lying sick in his bed,", and [in] this [deed] no such entry is made, [therefore] it is to be concluded [that when he made the gift] he was in good health!' — As one inference is just as reasonable as the other, [replied Rabbah,] the money is to remain in the possession of its [original] owner. And [the following are] in the [same] dispute. For R. Johanan said: Proof [must be produced] by witnesses; and R. Simeon b. Lakish said: Proof [consists] in the attestation of the deed. R. Johanan pointed out [the following] objection against R. Simeon b. Lakish: It once happened at Bene-Berak that a person sold his father's estate, and died. The members of the family, thereupon, protested [that] he was a minor at the time of [his] death. They came [to] R. Akiba and asked whether the body might be examined. He replied to them: You are not permitted to dishonour him; and, furthermore, [the] signs [of maturity] usually undergo a change after death.
Sefaria
Shabbat 78b · Ketubot 19a · Bava Metzia 7a · Bava Metzia 72b · Bava Batra 170a
Mesoret HaShas
Shabbat 78b · Ketubot 19a · Bava Metzia 7a · Bava Metzia 72b · Bava Batra 170a