The Migo Paradox
Shalom Rabbi, I wanted to ask the well-known question regarding migo matters. A person who asserts a claim that is not so strong for him when he could have asserted a claim that is better for him, we say migo. The question is this, from the moment the person knows the laws of migo, he already knows that his claim benefits him more and in any case all migo is nullified.
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If we establish as a rule that we do believe in a liar (just as we believe in a fake), then indeed we have no special reason to think that the ruling is correct (that the person is telling the truth), but there is also no special reason to think that he is wrong (that he is telling lies), and for that matter there is a split on whether he is lying or being truthful.
Therefore, it is not possible to establish a general principle that a Pharoah is not loyal, but it is certainly possible to establish that a Pharoah is loyal. I missed the contradiction to this claim. —————————————————————————————— Rabbi: We don’t believe in a fake Mego, but we can believe him in himself (according to the eyes of the judges). Therefore, it is not right that we should not believe him, and I don’t understand why such penetrating eyes are needed. This is no different from any other situation where the judges are impressed by the person standing before them.
And on the other hand, since you believe in the payment, according to your words it turns out that you simply believe in him and not by virtue of Migo. But that doesn’t explain Migo’s loyalty. You believe him enough since the plaintiff is the one who issues it and he has the evidence. That’s all.
I think another explanation can also be put forward. Let’s assume that there was no Migo in the world. In such a situation, the liars cannot claim a wild one, but they would choose the best claim they have (fake), and would still be convicted. Therefore, denying the Migo will not help convict any liar. On the other hand, if there is loyalty from Migo, then the judge will claim the truth because he is acquitted whether he is wild or fake, therefore he will choose the correct claim and be faithful to the core.
This is probably a continuation of the words of the Rambam in the Talmud, 15:1:
The litigants who came to court, one of the claimants said, “I have some money with this person that I borrowed or deposited with him or he stole from me, or I have something with him as a reward, and everything like that.” And the defendant replied, “I owe nothing,” or “I have nothing in my possession,” or “You are lying.” This is not a correct answer. Rather, the court tells the defendant to respond to his claim and interpret the answer as the other party interpreted his claim, and say, “Did you borrow from him or not? Did he deposit it with you or not? Did he steal it or not? Did he rent it or not?” And so on. And why is this answer not accepted from him? Perhaps he is mistaken in his mind and has come to swear falsely. After all, it is possible that he has borrowed it, as he claimed, and the other party returned the debt to his son or wife or gave it to him as a gift in exchange for the debt, and he imagined in his mind that he had been released from the debt. Therefore, they tell him, “You should say, ‘I owe nothing.’ Perhaps you are obligated by law to pay and you do not know. But inform the judge of the interpretation of the matter, and they will inform you whether you are indebted or not. And even if it were A great sage tells him that he has nothing to lose by responding to his claim and informing us how you are not obligated to him because things never existed or because they did exist and you returned it to him, for we are judging from the source that he can speak anywhere. —————————————————————————————— Shua: [I’m coming back because I’m interested, but I don’t have anything particularly new to add. You probably understood exactly what I was saying, and I’m the one who didn’t understand the rejection, but the bribe doesn’t just sit there].
I suggest that accepting the migo is not because it is real, but because the alternative is worse. If you don’t accept the migo, whether you don’t accept it as a rule or you leave the decision to the judges in such a way that there is some priority for a certain claim (for example, a fake one), then you end up in an awkward situation. Perhaps in exceptional cases, the judges will be able to ignore the migo as they see fit, but does the fundamental freedom of the judges make the rules of the law redundant? This rule does not detract from the other rules that the judges can ignore according to the methods you presented. I do not believe Pera’s claim of ‘doubt’, but rather accept Pera’s claim that it is impossible to establish another general principle. And in my opinion, by the way, regardless, not believing the migo is more strange than believing a hundred witnesses.
The other explanation you offered [I understand that the benefit is that one avoids misleading the majority by telling lies in the Bible] I did not understand how it escaped the difficulty that is difficult for ‘my’ explanation (although in my opinion, both explanations should be reconciled in a similar way). Now that the liars were wrong to believe that they would be faithful even to a peruvian, let us be wise to them and, according to the eyes of the judges, we will not believe what the peruvian says. —————————————————————————————— Rabbi: And what I argued is that if this is the migo then you don’t believe a person by virtue of the migo. I mention that the migo is seen as evidence. Secondly, I said, accepting a questionable claim sounds very strange.
Third, in my opinion, there is no difference between rejecting a hundred witnesses and rejecting a few. If the judges see that there is a problem, they will reject it. It is true that in practice this will happen less often, because with a hundred witnesses there is really less chance of problems in their testimony. In other words, the strength of the evidence does not determine the difficulty for the judges to discern whether it is false or not. It does determine the very fact of the falsehood, but that is not what you wrote when you talked about the judges’ penetrating eyes.
As far as I understand, my explanation does not suffer from all the problems of the explanation you proposed (see above, there are several of them). In my opinion, the Ba’ad is truly faithful to the Migo. He tells the truth that Par’a, and we know that it is true because if it were a lie he would be making a false claim (after all, Par’a’s Migo can be rejected by virtue of the eyes of the dayanim, so why would he take the risk? Admittedly, the claim of a false claim can also be rejected in the same way – but it is an argument and not evidence. Arguments are not rejected so easily, since the arguments are not evidence that the dayanim are supposed to determine whether it is true or false. Arguments primarily determine the status of the Ba’ad – on whom the burden of proof lies, etc.). I also added that the alternative of denying the Migo completely is of no use at all, since no liar will lose in court because of it, as Maimonides explains in Ref. 6 of the Talmud, which I cited. —————————————————————————————— Shua: Now I understand. thanks —————————————————————————————— Rabbi: happily.
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Following on from this question, yesterday in class I raised the possibility that the logic of the Migo argument stems from the assumption and presumption that the reasonable person during the Talmudic period was not aware of legal tricks that exploit the law of Migo, and those who were aware would not exploit it anyway because they are smart enough people who understand the seriousness of lying and deceit. This possibility can resolve many paradoxes regarding Migo, and also save complicated scholarly discussions and definitions. You answered that the disadvantage of this possibility is that it does not work with complicated Migo arguments that the reasonable person is not aware of. I wanted to ask which Migo arguments you were referring to (one or two examples). And even if we say that there are such examples, why don't we narrowly narrow these few examples and salvage all the oddities that exist in the prevalent perception of Migo?
First, it is clear that one must also add the power of argument:
1. Why is a bold claim useful? After all, that person would not dare to make a brazen claim. Without the power of argument, it is difficult to explain this.
2. The same is true for the claims made by heirs (which is why the ancients proved the law of the power of argument).
3. A husband who said that his son is faithful to exempt his wife from the law of After all, there is a bill against me, and according to the law, it is not possible to claim against a bill that it is forged, but only the sages' rule is to uphold bills. How can we assume that the entire nation of the land will know this? I need to search because there are examples of very complicated migos.
Beyond that, not all commentators interpreted the migo issue this way, so at least we need to understand how they understood it.
And beyond that, in your opinion, would you not give loyalty to a migo? And beyond that, in the lessons that follow you will see that there are simple answers to these questions and there is no need to make assumptions about the amaretz of Ba'ad.
1. It can be argued that there is a contradiction between two assumptions here. The assumption that no one is a liar is a relatively weak assumption compared to the assumption that no one is a liar who makes a claim that is half-useful to him (especially in matters of money). In such a case, the assumption of the migo outweighs, and therefore only it is taken into account.
2. What is the source in the Gemara that claims the migo as an heir? I tried to look a little in B”B: and in Begittin 2. Tod”e “vaim is” but I didn't understand it that much from there.
3. It is possible that my method is evidence that he is faithful to permit the priest. And even if he is not faithful, it can be argued that the sages did a good job in their lineage, and did not rely on the assumption of the migo in prohibiting the priesthood.
4. Regarding loyalty to the wise in Migo, it is truly possible that if we understand that we are faced with a person who understands how to exploit the Migo mechanism to his advantage, all Migo laws do not apply to him.
1. The burden of proof is on the one who claims to be a Jew. If there is a possibility that it is and if there is a possibility that it is not, there is no proof at all.
2. This is a dispute among the Rishonim. See for example here: http://www.yeshiva.org.il/wiki/index.php?title=%D7%98%D7%95%D7%A2%D7%A0%D7%99%D7%9F_%D7%9C%D7%99%D7%95%D7%A8%D7%A9_%D7%95%D7%98%D7%95%D7%A2%D7%A0%D7%99%D7%9F_%D7%9C%D7%9C%D7%95%D7%A7%D7%97
3. But according to Rashbam, we really cannot be trusted with this.
4. We did not find that they ruled like this. In principle, it is possible. I also suggested in the booklet that in the case of the Jews in the Memonut, they do whatever they see fit, so that the Mego will also act like this.
In any case, even if the Gemara manages to explain it this way, the method of most of the Rishonim and Aharonim also requires an explanation.
1. I meant that the weight of the fear of daring is low relative to the weight of the presumption of the mego, and therefore the issue of daring is neglected from the equation and only the presumption of the mego is referred to.
2. I thought about it a bit, and it seems to me that a more basic question can be asked regarding the issue of making any claim for orphans. After all, how do we know that the father would make this claim at all? Of necessity, one must excuse that ”their claim for the mego” is a special law in which a hypothetical trial is symbolized between the father and his plaintiff, and from all the possible trials that can be imagined, the one in which the result for the father is the best is taken, and that is applied to the orphans. This does not contradict the possibility that the mego is based on the assumption that no one lies half-heartedly.
Another point about common sense: Any view that makes the use of a migo a technical action that is disconnected from logic must provide evidence of the scriptural decree that this is how migo should be treated, because only such evidence can explain why one should act contrary to reason and logic. To the best of my knowledge, there is no sermon or scriptural decree that compels such a view.
What the latter are claiming is that this simulation cannot give the Migo orphans anything to lie about. After all, Migo is based on the fact that if the father had claimed perjury, he would have Migo Denanso that proves that he is not lying. But when they claim perjury for them, there is no logic in saying that there is evidence in their favor that they are not lying. There is no evidence. On the contrary, maybe if the father had been sued, he would have admitted and paid? There is no logic in making Migo available to them as evidence. What is claimed for them are claims but not evidence that does not really exist.
This is the very question we are dealing with: is Migo really technical and illogical and therefore requires a verse. This is precisely what Rabbi Braish made difficult about the “like electricity” argument. I will try to answer this precisely later. I would like to argue that there is an argument here (legal, even if not factual-probabilistic) and that a verse is not necessarily needed.
The idea is that one of the possible trials was a trial in which the father would claim “I am a liar” and the court would believe him because of the presumption of the migo, and therefore would treat the bill as a liar. Now the results of this trial are applied to the orphans (we will call it the migo trial) and they believe that the bill is a liar (not because of their loyalty, but because of the possibility that their father could claim this and win because of the migo). You can think of it as if they were conjuring up their father as a legal fiction, and starting to spin him and extract possible arguments from him, and his best argument is the argument that they hold that he made.
The point I am trying to make is that it is unthinkable that we would accept a Migo claim as a valid claim where we understand that the Migo presumption does not exist for various reasons such as:
1. There is good reason to assume that the claimant is aware of the power of the Migo and is abusing it
2. There is good reason to assume that the claimant is unaware of the stronger claim he could have made
3. There is good reason to assume that the claimant refrains from making the stronger claim for other reasons
Your first claim is clear. And that's why I said that their argument conveys arguments to the orphans, not evidence. If the father could have claimed a wild one, we claim it for the orphans. But if the father's wild claim was not accepted in itself but by virtue of Migo and the orphans have no Migo, there is no point in claiming it for them. After all, the father did not really claim a wild one, but only could have claimed it. Who said that he would have claimed it in practice? Maybe he would have admitted it? In such a situation, we would still claim a wild one for them, but we would not put Migo in their favor.
Regarding your next three claims, they are certainly reasonable if Migo were just something for me to lie about. But the argument of the latter is that there is something more to Migo, and if this is true, then Migo can be used in these situations as well, and it is not even necessary for a verse (because it is a legal argument). I will discuss this in the following lessons.
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