PEH677

PEH677

A had a claim against B, and B intended to counter it with a claim that A had previously denied under oath. B stated that he could no longer recall the details of the matter. Consequently, A was required to swear again. Since no written records appeared to exist, Abraham ben David Fidanque ruled that if both claims were documented, of the same nature, and of equal value, they should be offset against each other. If they were not of the same nature or value, both claims would remain independent. However, if no documentation existed for the claims, B's counterclaim would be considered irrelevant, and he would be obligated to pay.

9

16

1783-11-04

1783-12-26

FidanqueA

Fidanque, Abraham ben David

AcohenDav

Acohen d'Azevedo, David