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 KI SAVO AND ELUL / ROSH HASHANAH:

View Complete List

First in the Mind!
Rabbi Label Lam - 5763

Everything Depends on Our Teshuvah
Rabbi Label Lam - 5773

The Kohain Connection
Rabbi Yochanan Zweig - 5771

Frumster - Orthodox Jewish Dating

Sweet Taste of Success
Rabbi Berel Wein - 5761

Fruit of Gratitude
Rabbi Dovid Green - 5760

Arrival Times
Rabbi Mordechai Kamenetzky - 5760

ArtScroll

The ‘Living’ Torah
Rabbi Eliyahu Hoffmann - 5766

The Bond that Ties - Prayer
Rabbi Yehudah Prero - 5756

Nerve Centre of the Year
Rabbi Eliyahu Hoffmann - 5763

> Gratitude -- A Key Torah Principle
Rabbi Yissocher Frand - 5771

Spiritual Ups and Downs
Rabbi Yisroel Ciner - 5759

The Sound of True Devotion
Rabbi Yehudah Prero - 5763

Looking for a Chavrusah?

Sound of the Unheard Shofar
Rabbi Eliyahu Hoffmann - 5764

Elul: A Month of Preparation
Rabbi Yehudah Prero - 5758

Don't Invite An Audit
- 5767

You Gotta Believe (in Yourself)!
Shlomo Katz - 5774



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