Talmud Bavli
Talmud Bavli

Commentary for Bava Batra 10:7

איבעיא להו תבעו לאחר זמן ואמר לו פרעתיך בתוך זמני מהו מי אמרינן במקום חזקה אמרינן מה לי לשקר

R. Papa and R. Huna the son of R. Joshua followed in practice the ruling of Abaye and Raba, whereas Mar son of R. Ashi followed Resh Lakish — The law is as stated by Resh Lakish, and [the ruling applies] even to orphans,<span class="x" onmousemove="('comment',' That is to say, if the debtor dies, the payment may be recovered from his orphans in the same way as from himself, i.e., without taking an oath. ');"><sup>7</sup></span> in spite of what has been laid down by a Master, that one who seeks to recover a debt from the property of orphans need not be paid unless he first takes an oath, because the presumption is that a man does not pay a debt before it falls due. The question was raised: If the creditor claims payment some time after the debt falls due, and the debtor pleads, I paid it before it fell due, how do we decide? Do we say that even where there is a presumption [against him]<span class="x" onmousemove="('comment',' E.g., the presumption that a man does not pay before the time. ');"><sup>8</sup></span> we plead [on his behalf], 'what motive has he to tell a lie',<span class="x" onmousemove="('comment',' And we therefore accept his word. ');"><sup>9</sup></span>

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