That is, even if he produces evidence. Thus, a man sells an item and then, after selling it, says, “It was not my property at the time of sale,” and produces evidence to that effect. His statement is accepted, and the sale is rescinded—unless he had ascribed it to himself, saying to the purchaser, “Will you buy my car?” Or he said to the people, “I sold my car to so-and-so,” or said, “This belongs to me, sir; will you buy it?” In that case, his claim that it belongs to someone else is not accepted, even if he produces evidence, because his statement, “It is mine,” contradicts the evidence. The evidence says that it is not his property, whereas he says that it is his property. Evidence serves only to support the claimant, not to contradict him. He himself is now contradicting the evidence; for this reason, it is not accepted. Therefore, if he wishes to sell it, he should say to the purchaser, “Will you buy this car?” and not, “Will you buy my car?”

Thus, with regard to this particular issue, we say:

First: the sale is rescinded in all cases if the purchaser confirms the seller, because the purchaser thereby acknowledges that he has no right to the item sold.

Second: the seller’s claim is never accepted if he ascribed the item sold to himself, such as by saying, “This is my property,” or, “This is my car,” or the like. In this case, it is not accepted even with evidence, because he himself contradicts the evidence. These are two opposite cases.

Third: if he did not ascribe it to himself and produces evidence, then the evidence is accepted. But how can he avoid ascribing it to himself? In offering it for sale, he says, “Will you buy this car?” or, “Who will buy this car?” and the like. He does not say, “My car” or “My property.” Then, if he claims that it belongs to someone else and produces evidence, the evidence is accepted and the sale is rescinded. If he does not produce evidence, his statement is not accepted and the sale is not rescinded. However, there remains the person in whose favor the acknowledgment was made: he is entitled to compensation from the seller for the value of the item that he sold, because the seller has caused him to lose it.