Soncino English Talmud
Bava Batra
Daf 46a
We must suppose therefore that there were no witnesses, and the ruling stated is that the word of the workman is to be taken; since he is able to plead that he has bought it, his word is taken as to his payment. — [To which Abaye answers]: No. The case, in fact, is one in which there were no witnesses [to the original transfer], but we suppose that the owner has not seen it [in the hands of the workman]. R. Nahman b. Isaac raised an objection [against Rabbah's opinion from the following]: A CRAFTSMAN HAS NO HAZAKAH, from which we infer that other persons have hazakah [in such a case]. In what circumstances? If there are witnesses [who saw the article transferred], why have other persons hazakah? We must suppose therefore [that the rule applies to the case] where there are no witnesses, and yet it is laid down that a craftsman has no hazakah! This refutation of Rabbah is decisive. Our Rabbis have taught: If a man receives another person's articles [of clothing] instead of his own from the workshop [where they have been sent for repair etc.], he may use them until the other comes and claims them. If they have become exchanged in the house of a mourner or at a party he must not use them, [but must keep them on one side] until the other comes and claims them. Why should the ruling in these two cases be different? — Rab said: I was sitting before my uncle and he said to me, It is no unusual thing for a man to say to the workman, Sell my garment for me. R. Hiyya the son of R. Nahman said: This rule holds good only where the workman himself [gave him the coat], but not if it was given him by his wife or his sons. And even so he must not use it unless the workman says, Here is a garment,' but if he says, 'Here is your garment,' he must not use it, because this is not his garment. Abaye said to Raba: Come and I will show you a trick of the sharpers of Pumbeditha. A man will say [to his tailor], 'Give me back my cloak [that I gave you to repair].' The other will deny all knowledge of the matter. 'But,' the owner will say, 'I can bring witnesses [to declare] that they saw it in your possession'. 'That was a different one,' he will reply. The owner will then say to him, 'Bring it out and let us see.' To which he will reply. 'To be sure! I don't bring it out.' Raba said to him: That is very clever of him, seeing that