Q&A: Conflicting Admissions by a Litigant
Originally published:
This is an English translation (via GPT-5.4). Read the original Hebrew version.
Conflicting Admissions by a Litigant
Question
There are witnesses that he borrowed on Sunday, and witnesses that he repaid. The borrower claims, “I did not borrow” (an admission by a litigant that he did not repay). The plaintiff claims, “I lent only on Wednesday” (an admission by a litigant that he did not lend on Sunday). What is the law? Alexander’s approach of “chopping off heads” does not fit here, because each one is forcefully claiming against the other.
Answer
What is the problem? The admissions do not conflict. He did not borrow, and therefore there is no problem with the fact that he did not repay.