Soncino English Talmud
Bava Batra
Daf 46b
the rule laid down is that the owner must see it [in the hands of the craftsman]. Said R. Ashi: If he [the owner] is clever, he will procure a sight of it by saying to the tailor, The reason why you are keeping back the coat is because I owe you money, is it not? Why not then bring it out and have it valued so that you can take what is yours and I can take what is mine? R. Aha b. R. Awia said to R. Ashi: The tailor can say to him, I do not require your valuation, it has already been valued by the people before you. A METAYER HAS NO HAZAKAH. Why so, seeing that at first he took only half [the produce] and now [for three years] he has taken the whole? — R. Johanan said: We are speaking here of hereditary metayers. R. Nahman said: A metayer who instals other metayers in his place has hazakah, because a man will not usually allow metayers to be installed in his field and say nothing. R. Johanan said: A metayer who assigns parts of his field to other metayers has no hazakah. Why so? Because we may presume that permission was given him to do so. R. Nahman b. R. Hisda sent [an inquiry] to R. Nahman b. Isaac [saying]. Would our teacher [be so good as to] instruct us, whether a metayer can testify [to the title of his employer] or not. R. Joseph was sitting before him, and said to him: Samuel has definitely laid down that a metayer may so testify. But it has been taught that he may not testify? — There is no conflict of opinion. In the one case [we suppose] that there is produce on the land, in the other that there is no produce on the land. (Mnemonic 'AMaLeK) Our Rabbis taught: A surety may testify on behalf of the borrower, provided that the borrower has other land [besides that which is being claimed from him.] A lender may testify on behalf of a borrower, provided that the borrower has other land [besides that which is being claimed from him]. A first purchaser may testify on behalf of a second purchaser, provided that the latter has other land [besides that which is being claimed from him].