Bava Batra 306:1

אמר רבה הרי מת והרי קברו מוכיח עליו אמר ליה אביי השתא ומה ספינה שרובן לאבד נותנין עליהן חומרי חיים וחומרי מתים חולין שרוב חולין לחיים לא כל שכן

Rabbah said: Behold, he is dead and his grave indeed proves this.<span class="x" onmousemove="('comment',' Lit., 'upon him'. Since there is no evidence that the testator recovered from the illness during which be made the gift, the fact that be is dead is sufficient ground for the assumption that be died from that illness. ');">¹</span> Abaye [however] said to him: [How] now! If [in the case of] a ship [that sank], where most of the passengers<span class="x" onmousemove="('comment',' Lit., 'most of whom'. ');">²</span> are doomed to perish, [we] apply to the victims<span class="x" onmousemove="('comment',' Lit., 'upon them'. ');">³</span> the restrictions of living<span class="x" onmousemove="('comment',' If among the victims there was, for example, an Israelite who had married the daughter of a priest, it is assumed that he remained alive, and his wife is, consequently. forbidden to eat of the heave-offering. Had it been assumed that her husband was dead she, as the daughter of a priest, would have regained her right to eat of the heave-offering (cf. Git. 28b). ');">⁴</span>

אמר רב הונא בריה דרב יהושע כמאן אזלא הא שמעתא דרבה כר' נתן דתניא מי מוציא מיד מי הוא מוציא מידיהן בלא ראיה והן אין מוציאין מידו אלא בראיה דברי רבי יעקב

men and the restrictions of dead<span class="x" onmousemove="('comment',' If a priest who had married the daughter of an Israelite (and who had, thereby. conferred upon her the right of eating of the heave-offering) was among the passengers, it is assumed that he is dead, and his wife is henceforth deprived of the privilege he had conferred upon her (cf. Git. ibid.). ');">⁵</span> men, how much more [ought we to do] so<span class="x" onmousemove="('comment',' To assume that the testator recovered from the illness during which be made the gift. ');">⁶</span> [in the case of] sick men, of whom most do recover. R. Huna, the son of R. Joshua. said: In accordance with whose [view] may that reported statement of Rabbah be justified?<span class="x" onmousemove="('comment',' Lit., 'goes'. ');">⁷</span>

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. ');">⁸</span> Who takes away from whom?<span class="x" onmousemove="('comment',' The donor From the donee or vice versa, ');">⁹</span> He<span class="x" onmousemove="('comment',' The donor. ');">¹⁰</span> takes away of their<span class="x" onmousemove="('comment',' The donees. ');">¹¹</span>

אמר רבי אלעזר ולטומאה כמחלוקת דתנן בקעה בימות החמה רשות היחיד לשבת ורשות הרבים לטומאה

possession without proof, but they [can] not take away of his possession except by [the production of] proof; these are the words of R. Jacob. R Nathan, [however]. said: If he<span class="x" onmousemove="('comment',' The donor. ');">¹⁰</span> was in good health,<span class="x" onmousemove="('comment',' At the time the case is heard in court, ');">¹²</span> he must produce proof that [at the time the gift was made] he was lying sick;<span class="x" onmousemove="('comment',' So that the gift was made by a dying man. ');">¹³</span> if he was lying sick,<span class="x" onmousemove="('comment',' At the time the case is heard in court, ');">¹²</span>

בימות הגשמים רשות היחיד לכאן ולכאן

they<span class="x" onmousemove="('comment',' The donees. ');">¹¹</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. ');">¹⁴</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. ');">¹⁵</span>

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. ');">¹⁶</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. ');">¹⁷</span> in respect of [Levitical] uncleanness.<span class="x" onmousemove="('comment',' Any doubtful case of uncleanness in a public domain, is treated as 'clean'. ');">¹⁸</span> In the rainy season<span class="x" onmousemove="('comment',' When the valley is sown. ');">¹⁹</span>

וחכמים אומרים המוציא מחבירו עליו הראיה וכו':

it is regarded as a private domain<span class="x" onmousemove="('comment',' Because the public abstain from using it on account of its growing crops. ');">²⁰</span> in both respects.<span class="x" onmousemove="('comment',' Lit., 'to here and to here'; as regards the Sabbath (v. supra p. 665, n. 15), and as regards 'doubtful Levitical uncleanness' which in a private domain is regarded as unclean. Consequently. if a person entered the valley and is not certain whether he entered it in summer or in winter he should, according to R. Nathan, be regarded as clean if his case was dealt with by the court in the summer, and as unclean if dealt with in the winter. According to R. Jacob, who does not take into consideration the time the decision is given, the person would always be regarded as clean whatever the season in which his case is dealt with (since a person is presumed to be usually clean), unless witnesses testified that they saw him enter the valley in winter. ');">²¹</span> Raba said: This<span class="x" onmousemove="('comment',' That a walled valley in the summer season is subject to the laws of a public domain in respect of Levitical uncleanness. ');">²²</span> has reference only<span class="x" onmousemove="('comment',' Lit., 'they did not teach but', ');">²³</span> [to the case] where a winter has not passed over it,<span class="x" onmousemove="('comment',' Since the time when a wall was put round it. ');">²⁴</span> but [where] a winter has passed over it, [it is regarded as] a private domain in all respects.<span class="x" onmousemove="('comment',' Even in the summer season. Once it has acquired the status of a private domain it retains that status permanently. ');">²⁵</span> THE SAGES, HOWEVER, SAY: HE WHO CLAIMS FROM THE OTHER HAS TO PRODUCE THE PROOF.