Talmud for Yevamot 10:3
Jerusalem Talmud Ketubot
“He is not trustworthy” if he did not eat the years of legal claim35If a person can prove three years of undisturbed possession of real estate and claims legal acquisition (by sale, inheritance, or gift), the court has to confirm him in possession since documents have to be kept only for three years. from it. But if he ate the years of legal claim from it, he is trustworthy if [the second person’s] father did not die in possession. But if [the second person’s] father died in possession, he is [not] trustworthy36The three years of undisturbed possession count only if the person from whom he acquired it was alive during these years since the heirs might not be knowledgeable enough of the details of the deceased’s property to exercise their duty to object to the squatter’s occupation.. 37Except for the last sentence, the following is Halakhah Baba Batra 3:4 in a different editing. As the following: Reuben ate from a field38Undisturbed for 3 years. claiming that it was his. Simeon brought witnesses that his father died in possession. One removes [the field] from Reuben and hands the title to Simeon. Reuben came back and brought witnesses that [Simeon’s] father did not die in possession. Rebbi Naḥman ben Jacob39He should be called Rav Naḥman ben Jacob, in the Babli simply called Rav Naḥman, chief judge and highest authority in money matters in Babylonia. said, I took it from Reuben, I am returning it to Reuben40If there are two against two witnesses and all four testimonies hold up under cross examination, there is no testimony and Simeon has no claim. The identical statement appears in the Babli, Baba Batra 31b.. That is what the rabbis here think. The rabbis there say, from the time it was removed, by clear testimony it was removed41Since (Deut. 19:15) “by the testimony of two or three witnesses the case shall be confirmed”, Reuben’s witnesses cannot be accepted unless they prove that Simeon’s witnesses were lying.
It is difficult to see who “the rabbis from there” are since Rab Naḥman was the authority in Babylonia and the Babli (loc. cit.) decides explicitly that later claims are admissible in money matters.. So the rabbis here say, from the time she married, by clear testimony she married42This really belongs to the next paragraph, about a woman whose husband has disappeared and she remarried on the testimony of two witnesses that her husband had died; when two witnesses come and say he is alive, they are not listened to.. Rebbi Yose said, the rabbis there agree that if during the first proceedings two [witnesses] say that his father died in possession and two say, he did not die in possession, Reuben’s claim is upheld43If during court proceedings there are contradictory statements, none of which can be shown to be false, there is no proof and the claim of legal possession cannot be denied..
It is difficult to see who “the rabbis from there” are since Rab Naḥman was the authority in Babylonia and the Babli (loc. cit.) decides explicitly that later claims are admissible in money matters.. So the rabbis here say, from the time she married, by clear testimony she married42This really belongs to the next paragraph, about a woman whose husband has disappeared and she remarried on the testimony of two witnesses that her husband had died; when two witnesses come and say he is alive, they are not listened to.. Rebbi Yose said, the rabbis there agree that if during the first proceedings two [witnesses] say that his father died in possession and two say, he did not die in possession, Reuben’s claim is upheld43If during court proceedings there are contradictory statements, none of which can be shown to be false, there is no proof and the claim of legal possession cannot be denied..
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