Soncino English Talmud
Bava Batra
Daf 33a
other money besides. When I had had the use of the land for the number of years covered by the mortgage, I said to myself: If I restore the land to the orphans and then tell them that I have still a claim on their father for more money, [I shall have to comply with] the rule of the Rabbis that 'anyone who claims to recover from orphans must support his claim with an oath.' I will therefore keep back the mortgage bond and continue to use the land to the extent of the money still owing to me; for since, if I were to say that I had bought the land, my plea would be accepted, I shall certainly be believed when I say that they owe me money. Said Abaye to him: You could not plead that you have bought the land, because common report says that it belongs to the orphans. Go therefore and restore it to them, and when they become of age claim your debt from them in court. A relative of R. Idi b. Abin died, leaving a date tree. [R. Idi and another man disputed its possession] R. Idi saying, 'I am the nearer relative,' whilst the other man said, 'I am the nearer relative;' [and the other man seized the tree]. Eventually, however, he admitted that R. Idi was a nearer relative, and R. Hisda assigned to him the tree. He [R. Idi] then claimed: 'Let him return me the produce which he has consumed from the time he seized it.' Said R. Hisda: 'So this is the man who is said to be a great authority! On what ground do you base [your ownership]? On this man s admission. But he has been saying till now that he was the nearer relative.' Abaye and Rab did not concur in R. Hisda's decision;
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