Study Bava Batra folio 6A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
או דילמא, במקום חזקה – לא אמרינן ״מה לי לשקר״? תא שמע: בחזקת שנתן, עד שיביא ראיה שלא נתן.
Or perhaps where there is a presumption against a person’s claim, we do not say that the borrower can claim: Why would I lie? The Talmud suggests: Come and hear a proof from the Mishnah: If after the wall was built one of the neighbors claims he alone constructed it and the other did not participate in its building, the latter is nevertheless presumed to have given his share of the money, unless the claimant brings proof that the other did not give his share.
היכי דמי? אילימא שתבעו לאחר זמן, ואמר לו: ״פרעתיך בזמני״, פשיטא! אלא לאו דאמר ליה: ״פרעתיך בתוך זמני״? אלמא אפילו במקום חזקה, אמרינן ״מה לי לשקר״! שאני הכא, דכל שפא ושפא זמניה הוא.
The Talmud clarifies the matter: What are the circumstances of the case? If we say that one partner demanded that the other party pay the money after the time that the payment became due, i.e., after the wall was rebuilt, and the other partner said to him: I paid you at the time that the payment became due, it is obvious that he is presumed to have given him the money. Rather, is it not a case where he said to him: I paid you within the time, i.e., before the payment became due? Apparently, even where there is a presumption against a person’s claim, we say that the defendant can claim: Why would I lie? The Talmud rejects this proof: Here it is different, because the time to pay is upon the completion of each and every row. Therefore, it is as if he said: I paid you at the time that the payment became due.
תא שמע: מארבע אמות ולמעלה – אין מחייבין אותו. סמך לו כותל אחר כו׳, עד שיביא ראיה שנתן.
The Talmud suggests: Come and hear another proof from the continuation of the Mishnah. The court does not obligate the reluctant neighbor to contribute to the building of the part of the wall that is above 4 cubits. But if the reluctant neighbor built another wall close to the wall that was built higher than 4 cubits, in order to set a roof over the room that was thereby created, the court imposes upon him the responsibility to pay his share for all of the rebuilt wall, even though he has not yet set a roof over it. If the builder of the first wall later claims that he did not receive payment from his neighbor, the neighbor is presumed not to have given his share of the money, unless he brings proof that he did in fact give money for the building of the wall.