| dbo:abstract
|
- "We do not rule based on categorical inferences in monetary cases" (Hebrew: אין הולכין בממון אחר הרוב; Aramaic: לא אזלינן בתר רובא בממונא) is a principle in halakha followed by Jewish batei din. According to this principle, a categorical inference is not sufficient evidence for the decisor to reallocate property. By "categorical inference" (רוב lit. majority) is meant "inference about the specific from evidence about its category." In the classic example, the decisor may not infer that a particular individual purchased an ox for the purpose of plowing with it, despite a stipulation that most purchasers share that purpose. The monetary exception emerges from conflict between the general principle of categorical inference, wherein doubt about specific data can be resolved by evidence for a stipulation about the wider category, and the contract-law principle of possession, wherein the burden of proof is on any claimant seeking reallocation of property. The principle is the subject of a Talmudic dispute between Abba b. Aybo and Samuel of Nehardea. According to Abba b. Aybo, we rule based on categorical inferences in monetary cases; for practical purposes the halakha follows Samuel of Nehardea, who takes the opposite view. The remit of this exclusion is disputed, with some commentators and decisors arguing it is only in exceptional circumstances that the principle of categorical inference is not applied to monetary cases. The Tosafists state that the principle is followed in most monetary cases. (en)
|
| dbo:wikiPageID
| |
| dbo:wikiPageLength
|
- 7958 (xsd:nonNegativeInteger)
|
| dbo:wikiPageRevisionID
| |
| dbo:wikiPageWikiLink
| |
| dbp:wikiPageUsesTemplate
| |
| dcterms:subject
| |
| rdfs:comment
|
- "We do not rule based on categorical inferences in monetary cases" (Hebrew: אין הולכין בממון אחר הרוב; Aramaic: לא אזלינן בתר רובא בממונא) is a principle in halakha followed by Jewish batei din. According to this principle, a categorical inference is not sufficient evidence for the decisor to reallocate property. By "categorical inference" (רוב lit. majority) is meant "inference about the specific from evidence about its category." In the classic example, the decisor may not infer that a particular individual purchased an ox for the purpose of plowing with it, despite a stipulation that most purchasers share that purpose. The monetary exception emerges from conflict between the general principle of categorical inference, wherein doubt about specific data can be resolved by evidence for a s (en)
|
| rdfs:label
|
- We do not rule based on categorical inferences in monetary cases (en)
|
| owl:sameAs
| |
| prov:wasDerivedFrom
| |
| foaf:isPrimaryTopicOf
| |
| is dbo:wikiPageRedirects
of | |
| is dbo:wikiPageWikiLink
of | |
| is foaf:primaryTopic
of | |
