Responsa for Bava Batra 306:5
בימות הגשמים רשות היחיד לכאן ולכאן
they<span class="x" onmousemove="('comment',' The donees. ');"><sup>11</sup></span> must produce proof that [at the time the gift was made], he was in good health. R. Eleazar said: As regards [Levitical] uncleanness also [they<span class="x" onmousemove="('comment',' R. Jacob and R. Nathan. ');"><sup>14</sup></span> differ in their views on the same principles]<span class="x" onmousemove="('comment',' Whether a decision is to be formed on the basis of the conditions in which a person or an object is found at the time the decision had to be given or on the basis of the condition in which be or it was presumed to be. ');"><sup>15</sup></span>
Teshuvot Maharam
Q. B engaged A as tutor to his son. B said to A that since he, B, was unlearned and did not know whether or not A had sufficient knowledge to tutor his son, A must go to his (B's) relative C to be examined before entering upon his duties. A came to B's house and began to tutor B's son. Subsequently B discovered that A had never been examined by C. He, therefore, summoned A to court. A now declares himself ready to be examined, but B argues that A's present knowledge is no proof of his previous fitness for his position. Moreover, one witness testifies that at the time A undertook to teach B's son, he was not qualified to do so because of insufficient knowledge.
A. If A has now sufficient knowledge to teach B's son, the burden of proof lies on B that A did not have such knowledge at the time he was engaged. However, since B has one witness to support his claim, A must take an oath to the effect that he had sufficient knowledge at the time of the agreement. If A takes such oath, he will be entitled to collect his full wages from B.
SOURCES: Cr. 3; Pr. 488; Mord. B. B. 621. Cf. Agudah B. M. 172.
A. If A has now sufficient knowledge to teach B's son, the burden of proof lies on B that A did not have such knowledge at the time he was engaged. However, since B has one witness to support his claim, A must take an oath to the effect that he had sufficient knowledge at the time of the agreement. If A takes such oath, he will be entitled to collect his full wages from B.
SOURCES: Cr. 3; Pr. 488; Mord. B. B. 621. Cf. Agudah B. M. 172.
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