Reply To: Merchant Making Substantial Sale to Woman

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#1808566
Joseph
Participant

DY: Note that the title of this discussion refers to a “substantial sale”; that obviously refers to something “outside of their normal spending patterns”. Given that, the burden of proof would be on the merchant, considering that the money he was paid was rendered to him by a person other than the owner of said funds.

If Reuven goes to Shimon and purchases a Yacht with Levi’s money, when Levi comes demanding Shimon return to him the money Reuven gave him, he will have to do so unless Shimon can prove Reuven acted with Levi’s authorization. This high burden will be on the merchant’s shoulders.

And by the way, some shittos say even if the dollar figure in the transaction that the wife spent was a very nominal amount the merchant still bears the high burden of proof.