Translation:Shulchan Aruch/Choshen Mishpat/255

Paragraph 1- If a dying person said he has a maneh in so and so’s possession, the witnesses would write, “this is what so and so instructed,” even though they don’t know if what he said is true. Thus, when the inheritors come to collect, they must bring proof.

Paragraph 2- A dying person that said, “so and so has a maneh in my possession,” and he said to give it, they would give. If he did not say to give, they would not give because he may have only said he has a maneh of someone else in his possession so that people don’t say his inheritors have money. Thus, if he said it as a confession and there was no concern of trickery, they would give, even if he did not say give. Similarly, if he confessed in his handwriting that all his properties belong to so and so, it would be a confession. We do not say in such a case that a person has the practice to not make his children appear wealthy.

Paragraph 3- If one consecrates all his properties, he would not be believed after he consecrated to say so and so has debt against him or that this vessel belongs to so and so because they may be defrauding hekdesh. Even if the creditor had a loan document, he would not be able to collect on the basis of the confession, and only in the manner one collects any other debt. When is this true? With respect to a healthy person. With respect to a dying person who consecrates all his property and says at the time he consecrates that he has a maneh of so and so in his possession, however, he would be believed because a person does not defraud hekdesh and sin for others at the time of death because he is going to die. Thus, if he says to give, the recipient would collect without an oath. If he did not say to give, we would not give unless the creditor had a verified document, in which case he can collect from hekdesh because of the will. If after he consecrated he said to give, we would not listen to him. Rather, he is like any other creditor. If this document is verified, the creditor would swear and collect from the person who redeemed, but not from hekdesh.

Paragraph 4- If he said he has so and so’s maneh in his possession, and the orphans said we paid back, they would not be believed because the father did not say to give so how would they know that they are obligated to give. If the father said to give, however, and the orphans say we paid back, they would be believed and would swear a heses oath that they paid back. There are those who say that they would be believed to say we paid back.

Paragraph 5- If a dying person confesses that he has a maneh of so and so in his possession, and the orphans say that their father later told them he paid back, they would be believed and take a heses oath. If the father said to give it and the orphans say their father told us he paid, however, they would not be believed.

Paragraph 6- If one instructed because of death to give a maneh to Shimon, and the donor then died, and the inheritors sold all the properties and Shimon could not find anywhere to collect his money, he may collect from the buyers. The inheritors are not believed to say we paid back because Shimon produced the will-document. If Shimon does not produce the will document, however, the orphans are believed to say we paid back. If they say they did not pay him, we are concerned for a conspiracy.

Paragraph 7- If one saw that his father hid money and said it belongs to so and so or to hekdesh and he said it as if he was giving over his words as a will, his confession would be effective. If he said it like he was fooling them so that they not assume he is wealthy, they do not have to fulfill his words.

Paragraph 8- If one came and said I saw your father hide money and he said it belongs to so and so or hekdesh, and they were hidden in a place that the witness could have taken it, he would be believed. If they were not hidden in such a place, he would not be believed.

Paragraph 9- If orphans’ father had a deposit and they didn’t know where their father put it, and one was told in a dream that this and this was the deposit, they were put in such and such place, and they belong to so and so or maaser sheni, and they found them in the place that was described and the amount that was described, the words in dream do not help nor hurt. Rather, they would belong to him.