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The plaintiff (=pl) sold a large amount of oil and dried dates to a grocery store owner (=def). Def did not pay right away and after time refused to pay much of the bill for the following reasons. Def does not remember what price they had decided on for the oil and thinks that the amount demanded is too high. The dates became wormy over time. Def claims that he kept the dates properly refrigerated and blames pl for having transported the dates to him in an non-refrigerated transport. Pl responded that other people to whom he sold dates in a similar manner did not have problems of infestation, and he therefore suspects that def did not store them properly.
Ruling: Regarding the oil, who has the obligation to prove what price was set: the buyer or the seller? First, we should point out that we are talking about a case where neither side’s suggested price is out of the range of reasonable. (If it were, then there could be an issue of ona’ah (mispricing), which could even nullify the sale.)
If the two sides had each come with definite claims as to the agreed price, then the seller would have to prove that the higher price is correct before he would be able to extract additional payment. However, we are talking about a case where the plaintiff made a definite claim and the defendant is unsure. When a plaintiff says that he is sure the defendant borrowed money and the defendant says that he is not sure if he borrowed it, we rule that there is no payment without proof. Still, the defendant is required to swear that he is indeed unsure and has some level of moral obligation to pay (Shulchan Aruch, Choshen Mishpat 75:9). If there were clearly a loan and the borrower is unsure if he paid it back, then because of the existing known obligation, the borrower has to pay (ibid.). Here, on one hand, it is clear that there was an obligation, but the question is how much the obligation was, and this fits into neither category cleanly.
The Shulchan Aruch (ibid. 18) says the following about a case where the defendant agrees that he is obligated but is not sure how much. Since he admits part of the claim, he is called a modeh b’miktzat and has to swear a Torah-level oath that he does not owe more than he admits to knowing about. Since he is unsure how much that amount is, we say that one who is obligated in an oath which he is not capable of taking has to pay the amount demanded. One of the explanations is as follows. The fact that there is an obligation to swear shows that without something to counteract the plaintiff’s claim, the defendant would have to pay. Thus, in the case, where def is unable to swear and he cannot bring any other proof, there is nothing to prevent him from needing to pay.
Therefore, def has to pay the full value claimed by pl for the oil.
[Next week, we will deal with the dispute about the dates.]
P'ninat Mishpat (829)
Various Rabbis
215 - Access to a Sold but Illegal Storage Area
216 - Dispute over Sales Price and Product Quality
217 - Acceptance Committee
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
