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“What do we do in such a situation?” asked Mr. Broyer.
“We apply the principle Yad ba’al hash’tar al hatachtona – the one possessing the document has the lower hand,” replied Rabbi Dayan. “The simple explanation of this is that the one possessing the document is usually the plaintiff. For example, the lender holds the loan document and wants to extract payment from the borrower. As you know, the fundamental principle of monetary law is hamotzi meichaveiro alav ha’reayah – the plaintiff has the burden of the proof. Thus, where the document is contradictory, we assume the lower amount, $10,000, unless we have proof or reason to assume otherwise.”
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