Q&A: The One Introducing a Novel Claim Bears the Burden of Proof
The One Introducing a Novel Claim Bears the Burden of Proof
Question
There is such a concept, I think in the name of the Hazon Ish, that “the one seeking to extract from another bears the burden of proof,” meaning: the one introducing a novel claim.
Does the Rabbi know where this statement of the Hazon Ish appears?
And more generally, regarding the rule that the one seeking to extract from another bears the burden of proof—could it be that one party is in possession, but since he is the one departing from the plain meaning, the other would be considered the one in presumptive possession with respect to the claims?
Answer
I know of such a Hazon Ish in connection with the dispute between the Pnei Yehoshua and the Hazon Ish regarding the burden of proof in monetary damages. See my booklet on migo here on the site. There I discussed this point, and if I remember correctly, I also brought another source for this principle there.