Daily Rambam 1 Chapter Sunday 11th Mar Cheshvan: Chapter 16: To’en veNit’an – Final Section: Witnesses, Claims, and False Testimony

Chapter 16: To’en veNit’an – Final Section: Witnesses, Claims, and False Testimony

Overview

This section addresses rules about witnesses who signed a deed and later challenge ownership, judges’ rights to contest, advisory roles, disputes over possession and produce, rental payments, and the prohibition against false claims. It emphasizes integrity in legal processes and outlines when compensation or oaths are required.

Halacha 1 – Witness Cannot Contest After Signing

• If Levi signed as a witness on Reuven’s sale of a field to Shimon, Levi cannot later claim the field was stolen from him. His testimony invalidates his right to challenge ownership, even with evidence.
• If Levi’s signature identified the field as a boundary marker in a deed, he loses the right to contest ownership.

Halacha 2 – Identification in Deed Removes Rights

• If Levi claims he only referred to a single furrow, his claim is accepted for the rest of the field.
• Judges vs. Witnesses: This restriction applies only to witnesses. A judge who validated the deed may later contest ownership because judges can confirm documents without reading them fully, unlike witnesses who must read and verify every detail.

Halacha 3 – Giving Advice Does Not Remove Rights

If Shimon consulted Levi before buying and Levi advised him to purchase, Levi does not lose his right to contest later. He can claim his intent was to remove the field from Reuven’s control so he could reclaim it lawfully.

Halacha 4 – Dispute Over Sale and Possession

If Reuven disputes Shimon’s ownership and Shimon claims he bought from Levi and held the land for three years, Reuven’s evidence that Shimon asked him to sell the field is not proof. Shimon can argue he wanted to avoid litigation.

Halacha 5 – Fruits and Compensation

If Reuven brings witnesses that the field is his, and Shimon—who currently holds the field—claims:
“You sold it to me, and I have eaten its produce for three years,” while Reuven says:
“You ate it unlawfully,” then:

• Whether there are no witnesses that Shimon ate the field or one witness that he ate it for three years, Shimon does not have to return the fruits he consumed.
• Reason: Shimon claims, “I ate what was mine,” and there are no witnesses obligating him to repay. His own admission does not create liability.
• The single witness who testifies about three years of eating only strengthens Shimon’s claim; if there had been two witnesses, the field would remain in Shimon’s possession.

Therefore:

• Reuven must take a heset oath (שבועת היסת) that he did not sell the field, and the land returns to him.
• Shimon must take a heset oath that he owes nothing for the fruits he ate, and he is exempt from payment.

Halacha 6 – Witnesses Proving Less Than Full Presumption

If two witnesses testify that Shimon ate the field for less than three years, he must return all the fruits he consumed.

• Even if there is only one witness, Shimon must repay based on that testimony.
• Reason: Shimon does not deny the witness; he admits, saying:
  “The witness is correct—I ate for two years, and I ate what was mine.”
• This creates an obligation for an oath, but since Shimon cannot swear truthfully, he must pay.

Halacha 7 – Returning Unknown Amount of Fruits

Anyone obligated to return fruits: If the amount is unknown and the court cannot estimate (as they could with rent or other fixed values), such as tree fruits or field produce without clear records, then:

• The person pays what they admit to having eaten.
• A ban (cherem) is declared against anyone who ate more and does not repay.

Halacha 8 – Rent Collected

If Shimon rented the land while holding it, the rent is taken from the tenants and given to the rightful owner. Tenants reclaim payment from Shimon.

Halacha 9 – Prohibition of False Claims

It is forbidden to make false claims to distort or delay judgment, such as:

• Claiming double the debt to force an oath.
• Planning to deny in court and admit privately.

Halacha 10 – Collusion in Testimony

• If three creditors claim against one debtor, they may not collude so that one sues and two testify, then share the proceeds. Such practices violate Torah law. The Torah warns: “Keep far from a false matter” (Exodus 23:7).

Summary Table