Isaiah 46:1 Related Passages

Rebbi Yannai in the name of Rebbi: The holder of documents is disadvantaged^80,As long as the gift described in the document was not executed, the recipient is a claimant and the document is subject to the giver’s interpretation unless the claimant can prove otherwise. The technical term for this position is: “the holder of a document is disadvantaged.”⁹¹In the Babli, 154b, the version is: The holder of a document of indebtedness or gift has to get judicial confirmation of its validity.. Rebbi Joḥanan said to him, is that not the Mishnah: “If [in the document] it was not written ‘bedridden’ but he says, I was bedridden,” etc.⁹²The position of the anonymous majority in the Mishnah. Rebbi Yannai praised him “those who pour out gold from the wallet⁹³Is. 46:6.,” “my son, they should not be removed from your eyes,⁹⁴Prov. 3:21.” etc.⁹⁵Similar texts are in Kilaim 8:1 Note 17, Yebamot 1:1 Notes 96–103, Soṭah 2:6 Note 177, Qiddušin 3:5 Note 166. A young man was selling his properties⁹⁶Real estate. Mishnah Giṭṭin 5:8 permits underage children to buy and sell movables as soon as they are able to handle money. The inference is that for real estate transactions one has to be an adult. The Babli, 156a, restricts the right to sell inherited real estate to people who have reached the age of 20. It is clear from the case discussed here that this is a purely Babylonian restriction.. The case⁹⁷The family objected to his selling inherited real estate. They disputed the validity of the deed on the grounds that the seller was underage. came before Rebbi Ḥiyya bar Joseph and Rebbi Joḥanan. Rebbi Ḥiyya bar Joseph said, the presumption is that they⁹⁸The witnesses. signed for a mentally capable person⁹⁹He agrees that the seller of real estate not only has to be an adult (13+ years for a male, 12+ years for a female) but also must understand the consequences of what he is doing.. Rebbi Joḥanan said, since he undertook to uproot the properties from the family, he has to bring proof¹⁰⁰That he was an adult understanding what he was doing.. Rebbi Joḥanan said, the holder of documents is advantaged⁷⁹He holds that the actual situation before the court may serve as prima facie evidence that so was the prior state. If the bequeather is healthy now, proof is required that he was not healthy when the gift document was written.
An alternative interpretation would be that he holds that a duly executed and witnessed document is always valid unless proven invalid. The technical term for this position is: “the holder of a document is advantaged.”. Rebbi Yasa asked before Rebbi Joḥanan, how about Rebbi, since Rebbi said, the holder of documents is disadvantaged? He told him, everybody agrees that the holder of documents is advantaged. But how could you say that a case came before Rebbi Ḥiyya bar Joseph who said, the presumption is that they signed for a mentally capable person. And you said, since he undertook to uproot the properties from the family to another family, he has to bring proof! He told him, I never said this¹⁰¹He now holds that the person attacking the validity of a duly witnessed document, not the defendant, must prove his case. In the Babli (Ketubot 18b) this opinion is credited to R. Simeon ben Laqish, confirmed in his name by the Yerushalmi Ševi‘it 10:5 Note 96 and Giṭṭin 4:2 Note 46, in R. La’s name Ketubot 2:3 Note 61.. Rebbi Ze‘ira said before Rebbi Yasa, even if Rebbi Joḥanan wants to deny it, did not Rebbi Yannai say in the name of Rebbi: The holder of documents is disadvantaged. Rebbi Joḥanan said to him, is that not the Mishnah? This is the opinion of the Sages⁹¹In the Babli, 154b, the version is: The holder of a document of indebtedness or gift has to get judicial confirmation of its validity. who follow Rebbi¹⁰²But R. Joḥanan himself decides practice to follow R. Meїr..