Halakhah for Kiddushin 147:1
וניחזי זוזי ממאן נקט לא צריכא דנקט מתרוייהו ואמר חד מדעתאי וחד בעל כורחי ולא ידיע הי מדעתו והי לא מדעתו
Then let us see whose money he holds? - This arises only when he holds [money] from both, and states: 'one [paid me] with my consent, and the other against my will,' and it is not known<span class="x" onmousemove="('comment',' [Var. lec. 'he does not know', i.e., the seller does not recollect the matter; v. Tosaf.]');"><sup>1</sup></span> which was with his consent and which against his will. A judge is believed when he says: 'I have ruled in favour of this one; I have ruled against that one.'
Sefer HaChinukh
And the father is believed [when] he says, "This is my son, my first-born" (Kiddushin 74a), or to say, "This is my son" or "This is not my son." As it is written (Deuteronomy 21:17), "But the first-born etc. shall he recognize" - and they, may their memory be blessed, expounded (Bava Batra 127b), "shall make him recognized by others." And even if someone was presumed to be Reuven's son, if Reuven says that he is not his son, he is believed, and he does not bequeath to him. And Rambam (Mishneh Torah, Laws of Inheritances 4:2), may his memory be blessed, wrote, "It seems to me that even if the son had sons, [such that] even though [the father] is not believed about him to say he is not his son, for the purposes of family relationships, and he is not presumed to be a mamzer on his word, he is believed for the purposes of inheritance and he will not inherit him.
Ask RabbiBookmarkShareCopy