Bava Kamma 112B

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Text Excerpt

who testify in the absence of a litigant? Since the defendant is a minor his presence is not legally recognized, and the court does not accept testimony against him. R' Yirmeya questioned this assertion: And is it so that the court does not accept such testimony? But isn’t it taught that if a robbe

In the meantime, the matter circulated and eventually came before R' Abbahu, who said: Did you not hear that which Rav Yosef bar Ḥama says that R' Oshaya says? As Rav Yosef bar Ḥama says that R' Oshaya says: With regard to a child who took his slaves and descended into the field of another and sai

The Talmud rejects R' Abbahu’s assertion: Is the case that Rav Yosef bar Ḥama discusses comparable to the case of R' Yirmeya? It is there, in Rav Yosef bar Ḥama’s case, that we seize the property from him, because there is no presumption of ownership from his father; but where he does have a presum

§ Having mentioned the issue of testimony in the absence of a litigant, the Talmud discusses this matter in greater detail. Rav Ashi said that R' Shabbtai says: The court accepts witnesses even in the absence of a litigant. R' Yoḥanan wondered at this statement of Rav Ashi, and said: Does the court

R' Yosei bar Ḥanina received the following guideline from R' Yoḥanan: The court accepts testimony in the absence of the defendant only in a case where the plaintiff was ill, or his witnesses were ill, or his witnesses wished to travel overseas and the judges sent for the defendant and he did not com