subject to disagreement, for we say: We hear the claim and then require him to state its basis.

The fifth condition is that the requisite conditions be stated. Thus, if someone claims a contract of sale, lease, marriage, endowment, or the like, he must state its conditions. The author alluded to this in his statement:

“If he claims a marriage contract, a sale, or something else, he must state its conditions. If a woman claims to be married to a man in order to seek maintenance, a dower, or the like, her claim is heard. But if she claims nothing other than the marriage itself, her claim is not accepted, …”

His statement, “If he claims a marriage contract, a sale, or something else, he must state its conditions,” means that it is not sufficient for him to say, “I claim that this man sold me his property,” until he explains the conditions for the sale’s validity. Thus, he should say: “He sold it to me while he owned it, for a known price,” and mention the remaining conditions. This is because a ruling upon something depends upon properly conceiving it. If we do not know how this matter took place, how can we rule concerning it? How can we rule that a sale took place without its conditions being stated? This is the relied-upon position in the school.

The correct view, however, is that this is not a condition: a claim based on a contract is valid without stating its conditions. Thus, he may say, “I claim that he sold it to me,” then produce witnesses, and judgment may be given in his favor confirming the sale; there is no need for him to mention the conditions.

If the defendant claims that one of the conditions was lacking, or that some impediment existed, then this constitutes a new claim. The presumption is validity: that the contract proceeded in accordance with the Sacred Law and that no impediment existed. Therefore, after ruling that the sale is valid, we require the party making the allegation to substantiate his claim that a condition was absent or that an impediment existed.

An example of this is where one person claims against another that he sold him a particular piece of land, produces witnesses, and the judge rules that the sale is valid. Then, according to