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 EIKEV:

View Complete List

Of Bread and Milk
Rabbi Aron Tendler - 5764

On the "Heel" of Moshiach, Part II
Rabbi Pinchas Winston - 5759

That's Heavy!
Rabbi Label Lam - 5764

> Unreal
Rabbi Pinchas Avruch - 5764

Improving Our Character
Rabbi Naftali Reich - 5773

The Beginning of Wisdom
Rabbi Pinchas Winston - 5758

Frumster - Orthodox Jewish Dating

Addressing The Concerns
Rabbi Aron Tendler - 5761

Ticket to Olam Haba
Shlomo Katz - 5772

Choices and Miracles
Rabbi Berel Wein - 5767

Looking for a Chavrusah?

The Limitations of Man's Understanding
Rabbi Yosef Kalatsky - 5762

The Spice Of Life
Rabbi Yochanan Zweig - 5773

Treat With Care
Rabbi Eliyahu Hoffmann - 5760

ArtScroll

Hashem Does Not Need Our Mitzvos
Shlomo Katz - 5760

O'er the Ramparts We Watched
Rabbi Naftali Reich - 5772

Torah - What Is It Worth To You?
Rabbi Eliyahu Hoffmann - 5764

Not By Bread Alone
Rabbi Raymond Beyda - 5763



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