Commentary for Bava Batra 90:9

היכי דמי אי דאיכא עדים ליחזי עדים מאי קאמרי

But, [said Abaye,] you yourself said that if a man entrusts an article to another in the presence of witnesses he must return it in the presence of witnesses? — Rabbah replied: I retract [this opinion]. Raba sought to confute [Abaye and] to support Rabbah [from the following]: If a man gives his garment to a workman [to repair], if the workman says, You undertook to give me two [zuzim] and the owner says, I only undertook to give you one, then as long as the garment is in possession of the workman, it is for the owner to bring proof; if the workman has returned it, then if the prescribed time has not yet elapsed<span class="x" onmousemove="('comment',' I.e., if the sun has not yet set. V. Deut. XXIV, 15. ');">⁹</span> he can take an oath and recover his claim,<span class="x" onmousemove="('comment',' In a dispute about wages between an employer and a workman, if there is no evidence on either side, the word of the workman if given on oath is accepted. ');">¹⁰</span> but if the prescribed time has elapsed, then the rule applies that the onus probandi is on the claimant.<span class="x" onmousemove="('comment',' I.e., the workman. V. B.M. 112b; Shebu. 46a. ');">¹¹</span> Now what are the circumstances? If [the owner gave the garment to the workman] in the presence of witnesses, then let us see what the witnesses say.<span class="x" onmousemove="('comment',' Presumably the witnesses also were aware of the payment stipulated. ');">¹²</span>

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