Home Subscribe Services Support Us
Print Version

Email this article to a friend

77. Claimant and Claimee - Toen ve-Nitan

If a claim concerning tangible, movable property is made against someone and he admits to part of it or there is a single witness against him or he is a renter or watcher, he must take an oath and is then excused, as it says "[On every matter of wrongdoing...] about which he says `This is it' [the matter of the two of them shall come before the judges]"1; if he refuses to swear he must pay. If he denies the entire claim or if the claim concerns real estate or the like he can (rabbinically) take an oath and be excused or he can require that the claimant take an oath. The sages required certain persons to take oaths before collecting what is due them -- for example, a hired worker or an injured party; they also instituted oaths between partners and the like. It is forbidden to make false claims, as it says "You shall keep far away from a false statement".2,a

Movable property found in someone's possession is presumed to be his even if it is known that it once belonged to someone else, unless it is a thing that is normally rented or loaned or he is a person who normally has others' property in his possession (for example, a craftsman) or it is an animal that wanders freely. Real estate, however, is not presumed to belong to the one in possession of it unless he has been in possession for a period of time sufficient for the owner to have protested; and even this is not effective if he is a craftsman, sharecropper, guardian, partner or close relative, or if he is a criminal or has legal disabilities.b


1. Ex. 22:8 a. 1:1-6; 5:1; 16:9-10
2. Ex. 23;7 b. 8:1,3; 9:1; 10:1; 11:1-2; 13:1-2



View Complete List

My Succah Decorations
Rabbi Berel Wein - 5772

The Book of Mankind
Rabbi Berel Wein - 5762

Fonzie & the Happy Days of Rest
Jon Erlbaum - 0


Challal: On Many Levels
Rabbi Pinchas Winston - 5775

Be Creative!
Shlomo Katz - 5757

Understanding Creation
Shlomo Katz - 5765

Frumster - Orthodox Jewish Dating

"Special Mitzvos" Earn Divine Favor
Rabbi Yissocher Frand - 5766

Bereishis Tidbits
Rabbi Dovid Green - 5759

Thinking Inside the Box
Rabbi Label Lam - 5767

Looking for a Chavrusah?

After Six Comes Seven
Rabbi Yisroel Ciner - 5762

The Secret of Perfect Joy
Rabbi Naftali Reich - 5770

A Springtime of the Spirit
Rabbi Naftali Reich - 5767

> A Happiness of Oneness
Rabbi Yehudah Prero - 5758

-- And Some Good Food, Too!
Rabbi Label Lam - 5764

From the Beginning, Again
Rabbi Pinchas Winston - 5760

Adam Regrets His Gift to Dovid
- 5768

Project Genesis Home

Torah Portion

Jewish Law



Learn the Basics




Ask The Rabbi

Knowledge Base


About Us

Contact Us

Free Book on Geulah! Home Copyright Information