Jewish Code of Jurisprudence Volume 1-2 by Joseph Ben Ephraim Karo

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Joseph Ben Ephraim Karo
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ... claims and B denied the additional claims, although he must pay the principal claim, because he cannot swear, therefore, he must pay, but with the additional claims there are two opinions, one stating that he can receive an oath that he did not owe or overturn the oath to the other party, and another opinion states that the defendant is free from the additional claims without an oath (L. c). 9. If one is found bound to take a thora oath and the plaintiff wishes to add against him additional claims for which he must swear an oath (hises), the defendant can say, "I will swear a thora oath and for the additional claims you swear and take the money" (L. c). 10. If R claimed from B 100 zus, and B admitted 50 zus and denied 50 zus, and when B started to swear, R added against him additional claims, and B said that he is uncertain about the additional claims, B is bound to take an oath for the first claim and he is free to swear for the additional claims, but the court must put a ban on who owed the money to the other and did not admit it (Tur). CHAPTER XCV. 1. No Thora oath can be found bound on a claim of real property, or a claim of notes, either an oath which the defendant denied entirely, and admitted a part of the claim or denied all, and one witness contradicted him, or the defendant admitted a part of it, either the oath of a guardian, even though the guardian was negligent in the guarding and became lost, and he is free of payment, whether he was a guardian gratuitously or a guardian for compensation or a borrower (Schwuas 42). 2. But an oath (hises) can be found bound even on real property or notes. If a condition was made with the guardian that shall be liable to pay even for the real property and notes, the condition must be...


Jewish Code of Jurisprudence Volume 1-2

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