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Bava Basra 033: Migu

Reuven Pinsky asked:

For all of the cases in shas where we talk about migo, it isn't possible
that a migo would be a viable proof if the person making the claim knows
about the concept of migo because then he could easily outsmart the system
by intentionally claiming lower claims.  How do we reconcile this fact with
the gemara's use of migo when the cases seem not to distinguish between
those who know about migo and those who don't?  For example, are we to
assume that Rava bar Shirshum didn't know about migo?

Reuven Pinsky, Waltham, USA
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The Kollel replies:

A "Migo" never works where the "better" claim would not be accepted and win
the case for the person. Therefore, there is no reason to "outsmart" the
system. The better claim would be believed and leave him in a better position.

Regarding Rava Bar Sharshom, he certainly knew about the concept of "Migo,"
for he himself declared that he had a Migo.

D. Zupnik

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