Study Bava Batra folio 155A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
הכי קאמר ליה רבי יוחנן לרבי שמעון בן לקיש: בשלמא לדידי, דאמינא: ראיה בקיום השטר – היינו דמשכחת לה דנחתי לקוחות לנכסים. אלא לדידך דאמרת ראיה בעדים, היכי משכחת לה דנחתי לקוחות בנכסים?
This is what R' Yoḥanan said to R' Shimon ben Lakish: Granted, according to my explanation of the Mishnah, that I say that presenting proof through the ratification of the deed is sufficient in order to enable the recipient to claim the gift, this is the reason that with regard to the incident in Bnei Brak you find the possibility that the buyers take possession of the property by ratifying the deed. It is therefore possible that the buyers held the property, and the relatives were claiming it from them. But according to you, that you say that the proof must be presented by bringing witnesses, how can you find circumstances in which the buyers take possession of the property, since they have no proof?
אמר ליה: מודינא לך בערער דבני משפחה, דלאו ערער הוא. מאי קאמרי? קטן היה; חזקה אין העדים חותמין על השטר, אלא אם כן נעשה גדול.
R' Shimon ben Lakish said to R' Yoḥanan: I concede to you with regard to a case where the members of the deceased’s family contested the legality of the buyers’ claim that their contesting the legality of that claim is not taken into consideration, since they are contesting the deed held by the buyers. It is therefore possible for the buyers to take possession of the property, as in this case what do the relatives say? They say that the seller was a minor. But there is a presumption that witnesses do not sign the document unless the seller has become an adult. In the Mishnah, by contrast, there is no presumption that counters the giver’s claim that he was on his deathbed. The recipient is therefore required to bring proof that the giver was healthy.