Soncino English Talmud
Bava Batra
Daf 52a
If one has taken a deposit from a child, he should invest it for him, or, if he dies, restore it to his heirs. If any of them at the time of his death says, The article belongs to so-and-so, he should act according to their intimation. Otherwise he should act according to his discretion. When the wife of Rabbah b. Bar Hana was on her deathbed, she said: Those [precious] stones belong to Martha and his daughter's family. He consulted Rab about it, and the latter said to him: If you think she was telling the truth, act according to her instruction, and if not, use your own discretion. According to another version, Rab said to him: If you think her a wealthy enough person, act according to her instruction, and if not, use your own discretion. 'If he has taken from a child, he should invest it for him.' How invest it? — R. Hisda said: He should buy with it a scroll of the Law; Rabbah son of R. Huna said: He should buy with it a date tree, of which the child can eat the fruit. A FATHER HAS NO HAZAKAH IN THE PROPERTY OF HIS SON NOR A SON IN THE PROPERTY OF HIS FATHER. R. Joseph said: This applies even if they have parted. Raba, however, said that if they have parted the rule no longer applies. R. Jeremiah of Difti said: In a case which occurred, R. Papi decided according to the ruling of Raba. R. Nahman b. Isaac said: I have been told by R. Hiyya from Hormiz Ardeshir, who was told by R. Aha b. Jacob in the name of R. Nahman b. Jacob, that if they [the father and son] have parted, the rule [of the Mishnah does] not apply. The law is that where they have parted they have no hazakah against one another. It has also been taught to the same effect: A son who has left his father's roof and a wife who has been divorced are on the same footing as strangers [in regard to the father or husband]. It has been stated: [If a number of brothers live together and] one of them has the management of the house, and if there are deeds and bonds current in his name and he asserts, 'They are mine, and I obtained them from the legacy of my maternal grandfather', Rab says that the onus probandi lies upon him, and Samuel says that the onus probandi lies upon the brothers. Said Samuel: Abba must at least admit that if he dies [and leaves children], the onus probandi lies on the brothers. R. Papa strongly questioned this. Do we ever, he said, advance a plea on behalf of orphans which their father could not have advanced [on his own behalf]? And further, did not Raba order some orphans to return a pair of shears for clipping wool and a book of Aggadah which were claimed from them, though the claimants adduced no proof [that they had lent them], these being articles which are commonly lent or hired,
Sefaria
Mesoret HaShas