Responsa for Bava Batra 306:3
רבי נתן אומר אם בריא הוא עליו להביא ראיה שהיה שכיב מרע אם שכיב מרע הוא עליהן להביא ראיה שבריא היה
In accordance with [the view of] R. Nathan. For it was taught:<span class="x" onmousemove="('comment',' In the case of a deed wherein the gift is recorded but in which there is no entry as to whether the donor was sick or in good health at the time the gift was made. ');"><sup>8</sup></span> Who takes away from whom?<span class="x" onmousemove="('comment',' The donor From the donee or vice versa, ');"><sup>9</sup></span> He<span class="x" onmousemove="('comment',' The donor. ');"><sup>10</sup></span> takes away of their<span class="x" onmousemove="('comment',' The donees. ');"><sup>11</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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