Reference for Bava Batra 103:9
מתקיף לה רב פפא כלום טענינן להו ליתמי מידי דלא טען להו אבוהון והא רבא אפיק זוגא דסרבלא וספרא דאגדתא מיתמי בלא ראיה בדברים העשוים להשאיל ולהשכיר
current in his name and he asserts, 'They are mine,<span class="x" onmousemove="('comment',' And the brothers have no share in them. ');"><sup>14</sup></span> and I obtained them from the legacy of my maternal grandfather',<span class="x" onmousemove="('comment',' I.e., he obtained the money for buying the property or for lending not from the estate of his father or his father's father, in which case the other brothers would be entitled to share with him, but from the estate of the father of his mother, he and his brothers having been born from different mothers. ');"><sup>15</sup></span> Rab says that the onus probandi lies upon him, and Samuel says that the onus probandi lies upon the brothers.<span class="x" onmousemove="('comment',' Rab lays stress upon the fact that he usually disposes of the joint property in his own name, Samuel on the fact that the documents are made out in his name. ');"><sup>16</sup></span> Said Samuel: Abba<span class="x" onmousemove="('comment',' Rab's proper name was Abba Arika. ');"><sup>17</sup></span> must at least admit that if he dies [and leaves children], the onus probandi lies on the brothers.<span class="x" onmousemove="('comment',' Because his children cannot be expected to know so easily where to find proof. ');"><sup>18</sup></span> R. Papa strongly questioned this. Do we ever, he said, advance a plea on behalf of orphans which their father could not have advanced [on his own behalf]?<span class="x" onmousemove="('comment',' Viz., in this case, that his name on the documents gives him a presumptive right to them. ');"><sup>19</sup></span> And further, did not Raba order some orphans to return a pair of shears for clipping wool<span class="x" onmousemove="('comment',' Lit., 'Scissors of a woollen cloak'. [Var. lec. 'A pair of trousers'. V. Krauss, op. cit., I, 612.] ');"><sup>20</sup></span> and a book of <i>Aggadah</i> which were claimed from them, though the claimants adduced no proof [that they had lent them],<span class="x" onmousemove="('comment',' The claimants asserted that the articles were lent, the orphans that they were bought, and Rab took the word of the former, as he would have done had the claim been made against the father. Hence a plea is not valid on behalf of an heir which is not valid on behalf of the testator. ');"><sup>21</sup></span> these being articles which are commonly lent or hired,