cellio: (talmud)
[personal profile] cellio
We previously learned that if a sick man makes a gift and then recovers, there are cases where the gift can be rescinded. What if there is a disagreement -- he says "I was sick and recovered" and the recipient says "you were in perfect health" (in which case the gift would certainly stand)? Rabbi Meir says the giver must prove he was sick; however, the sages say the burden of proof is on the claimant. (153a)

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Date: 2010-01-21 05:00 pm (UTC)
From: [identity profile] talvinamarich.livejournal.com
Is there a general rule stated elsewhere on accepting someone's word?

If a man says [it] is so when speaking of his own experience or conduct, does the law presume that he speaks truth, or does it require him to provide proof? Put a different way: does the law have a general principle of the "burden of proof", or does it vary by type of case?

Am I making any sense? I had to rewrite this about three times, it's been one of those months. :P And I can prove it!

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