Translation:Shulchan Aruch/Choshen Mishpat/222

Paragraph 1- The owner of an item is believed to say he sold to this person and not to this person. When is that true? Where the item is coming out of his possession. Where the item is not coming out of his possession, however, he has the status of a mere solo witnesses and his status in this testimony is like any other person because he has no stake in the matter, regardless of whether he took money from one party or both parties and he says one gave him money against his will. Thus, if the seller took money from both parties, one with his consent and one against his will, and he doesn’t know whom he took with consent and who was against his will, regardless of whether the item was in his possession or both parties were holding it, there is no testimony at all. Each party would swear, as the Rabbis have instituted, while grasping a holy item, and would take half the item and half the money.

Paragraph 2- If one party purchased from one of five sellers, and each one is making a claim against him and says he is the owner of the item, and the buyer doesn’t know which one of them he purchased from, the buyer would place the money for the item down between the sellers and remove himself. The money would be placed in court until the parties confessed or Eliyahu arrived. If the buyer is pious, he would give money to each seller in order to fulfill his heavenly duty.

Paragraph 3- If one purchased from one of five people, and denied and swore falsely and then repented and wants to pay, and each counterparty is making a claim and says you denied my claim and swore falsely, and the buyer doesn’t know, he would be required to pay each one because he committed a sin.

Paragraph 4- If one makes a claim on another and says you sold to me and the defendant says he did not sell or says that he sold but the plaintiff did not give him money or the buyer claims that he gave the money but he did not yet pull the item or that he pulled the item but did not get a chance to inspect it before, and the seller says he informed him in advance, or one party says there was a condition on the transaction and the other says there was no condition, in all these cases and anything similar, the party taking away from the other had the burden of proof. If there was no proof, the denying-party whom they are trying to take away from would swear a heses oath. If he partially confesses, or if there was a solo witness, he would take a biblical oath like any other claim. There are those who say that if one says he sold a field but does not know to whom, and one party comes and says he is the buyer, he would be believed.