That is to say, in the event of a question being answered in the affirmative, the person answering the question is considered to have repeated the question. No statement is imputed to a man who keeps silence, but silence is tantamount to a statement where there is an absolute necessity for speech. That is to say, it may not be said that a person who keeps silence has made such and such a statement, but if he keeps silence where he ought to have made a statement, such silence is regarded as an admission and statement. In obscure matters the proof of a thing stands in the place of such thing. That is to say, obscure matters concerning which it is hard to discover the truth are judged according to the obvious proof concerning them.
Correspondence takes the place of an exchange of conversation.
The sign of a dumb person which are generally recognised take the place of a statement by word of mouth. The word of an interpreter is accepted in every respect. No validity is attached to conjecture which is obviously tainted by error. Probability, even though based upon evidence, is not proof. If a person admits while suffering from mortal sickness that he owes a certain sum of money to one of his heirs, such admission is not a proof unless confirmed by the other heirs, since the probability of such person defrauding the other heirs of their property is based upon the mortal sickness .