Talmud Bavli
Talmud Bavli

Responsa for Bava Batra 306:6

אמר רבא לא שנו אלא שלא עברו עליו ימות הגשמים אבל עברו עליו ימות הגשמים רשות היחיד לכאן ולכאן:

as in [this] dispute. For we learnt: A [walled] valley in the summer [is subject to the laws of] a private domain in respect of the Sabbath<span class="x" onmousemove="('comment',' And nothing may be removed from the valley into a public domain and vice versa. ');"><sup>16</sup></span> and [to those of] a public domain<span class="x" onmousemove="('comment',' Since in the summer the crops have been removed from it, and the public use it as a thoroughfare. ');"><sup>17</sup></span> in respect of [Levitical] uncleanness.<span class="x" onmousemove="('comment',' Any doubtful case of uncleanness in a public domain, is treated as 'clean'. ');"><sup>18</sup></span> In the rainy season<span class="x" onmousemove="('comment',' When the valley is sown. ');"><sup>19</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.
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