Translation:Shulchan Aruch/Choshen Mishpat/31

From Wikisource
Jump to navigation Jump to search

Warning: This page does not provide {{Header}} information. If you'd like to help, add a comment, or edit the page and replace "{{no header}}" with the following and fill in at least the title and author fields:
 | title      = 
 | author     = 
 | translator = 
 | section    = 
 | previous   = 
 | next       = 
 | notes      = 

Paragraph 1- In a situation where two sets of witnesses contradict each other and one witness from each set comes and testifies on another matter, the testimony is not valid because it is certain that one of them is a false witness. If each set comes in its own, we can accept their testimony.

Paragraph 2- If a lender has two documents against a borrower- one of a maneh and one of 200, and the borrower denies both documents and one of these sets have signed on one of the documents and the second set has signed on the other, the borrower only pays a maneh and swears on the rest while holding on to a holy item if the documents were produced together. We then take away and tear the document of 200. If the lender only produces one document he may collect it. If he subsequently produces the second document, he can also collect that one. There are those that say that it is beneficial for him to burn the smaller document so that the borrower does not make the lender swear that he has two documents where these witnesses have signed on. If two lenders each produce a document against a borrower where each set has signed onto one of the documents- one set per document, and the borrower denies both of them, each lender may swear and collect. They must swear even if the fact that the lender is believed is included in the documents.

Paragraph 3- If one lender produces the documents at the same time against two borrowers, each borrower takes a heses oath and will be exempt. If one confesses, the lender may collect from unencumbered property. If the lender only produces one document, he may collect with it. He can then subsequently produce the second document and collect with it as well.

Paragraph 4- One who brings witnesses who are contradicted and then brings other witnesses who are also contradicted- even up to 100 sets- and he ultimately produces unimpeached witnesses, we may judge based on those last witnesses. With respect to a document, however, if two individuals come and say the lender asked us to forge the document, the lender can never collect with it even it its signatures are verified, unless the document’s witnesses themselves testify on what they wrote.