Torah.org Home Subscribe Services Support Us
 
Print Version

Email this article to a friend


77. Claimant and Claimee - Toen ve-Nitan

If a claim concerning tangible, movable property is made against someone and he admits to part of it or there is a single witness against him or he is a renter or watcher, he must take an oath and is then excused, as it says "[On every matter of wrongdoing...] about which he says `This is it' [the matter of the two of them shall come before the judges]"1; if he refuses to swear he must pay. If he denies the entire claim or if the claim concerns real estate or the like he can (rabbinically) take an oath and be excused or he can require that the claimant take an oath. The sages required certain persons to take oaths before collecting what is due them -- for example, a hired worker or an injured party; they also instituted oaths between partners and the like. It is forbidden to make false claims, as it says "You shall keep far away from a false statement".2,a

Movable property found in someone's possession is presumed to be his even if it is known that it once belonged to someone else, unless it is a thing that is normally rented or loaned or he is a person who normally has others' property in his possession (for example, a craftsman) or it is an animal that wanders freely. Real estate, however, is not presumed to belong to the one in possession of it unless he has been in possession for a period of time sufficient for the owner to have protested; and even this is not effective if he is a craftsman, sharecropper, guardian, partner or close relative, or if he is a criminal or has legal disabilities.b

Sources:

1. Ex. 22:8 a. 1:1-6; 5:1; 16:9-10
2. Ex. 23;7 b. 8:1,3; 9:1; 10:1; 11:1-2; 13:1-2



 

ARTICLES ON TERUMAH:

View Complete List

Symbolism of the Aron
Rabbi Yissocher Frand - 5773

Taking - not Giving
Rabbi Yissocher Frand - 5756

Part God, Part Us
Rabbi Pinchas Winston - 5769

Looking for a Chavrusah?

No Force Could Ever Frustrate
Rabbi Label Lam - 5775

It Will Be Fixed, Part III
Rabbi Aron Tendler - 5764

A Place for Holiness
Shlomo Katz - 5773

> But Do You Want To
Rabbi Yechezkel Freundlich - 5773

The Ultimate Elevated-Offering
Rabbi Pinchas Winston - 5767

Studying the Mishkan
Shlomo Katz - 5771

Frumster - Orthodox Jewish Dating

Crowned Comestibles
Rabbi Mordechai Kamenetzky - 5760

The Mishkan Gifts Are Listed In Descending Order
Rabbi Yissocher Frand - 5765

Rabbeinu Ephraim Expands On The Idea of
Rabbi Yissocher Frand - 5775

ArtScroll

It's the Thought That Counts
Rabbi Eliyahu Hoffmann - 5759

For G-d's Sake
Rabbi Pinchas Avruch - 5765

Giving is Like Taking
Rabbi Label Lam - 5773

You Shall Have A Dream
Rabbi Yissocher Frand - 5760



Project Genesis

Torah.org Home


Torah Portion

Jewish Law

Ethics

Texts

Learn the Basics

Seasons

Features

TORAHAUDIO

Ask The Rabbi

Knowledge Base




Help

About Us

Contact Us



Free Book on Geulah!




Torah.org Home
Torah.org HomeCapalon.com Copyright Information