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Ruling:Def insists that pl did not clearly state before giving the equipment that it was a loan during dil’s employment. She does not preclude the possibility that this was pl’s intention, at some point. She acknowledges that pl’s son said that pl made it clear to him at some point that this was her intention, and def admits he is very honest.
There is a general rule that devarim shebalev (thoughts one did not stipulate) are not impactful in interactions with others (Kiddushin 49b). The question is whether that is because the other side can deny he had that intention or whether an intention alone is valueless even if it can be proved that it existed. This is relevant here if def believes pl’s son about his mother’s intention. This point is the subject of a machloket between Rishonim (see Mordechai, Ketubot 254) and Acharonim (see Chelkat Mechokek 42:4 and Chacham Tzvi 115). The more accepted opinion is that devarim shebalev do not impact an agreement even if they existed. In this case, pl’s case is strengthened by the opinion cited in the Rama (Choshen Mishpat 207:4) that regarding presents, devarim shebalev count. Furthermore, def does not dismiss the possibility that pl expressed her intentions, just that it was in a manner that she either did not hear or did not internalize. Furthermore, it is not clear that our case is one of devarim shebalev, which is usually employed to undo a transaction that occurred under certain circumstances. In this case, according to pl, there never was a present.
While it would be difficult for pl to extract money based on her claimed but unproven intentions, def’s written admission is pertinent. One is not able to claim that a signed, written admission is invalid based on different claims that it was not sincere (Shulchan Aruch, CM 81:17). Therefore, beit din holds def to the contents of the admission (that the equipment was borrowed) according to its conditions (that the lending period was until pl’s close relative opens a pre-school).
P'ninat Mishpat (832)
Various Rabbis
242 - The Return of Equipment
243 - The Return of Equipment that Was Given or Lent
244 - Closing the Door on the Window Maker
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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.
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P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
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Rabbis in Midrash
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