YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
You asked about the case where Shimon has a written ruling of beit din stating that Reuven owes him money and now Reuven claims that he paid after beit din’s ruling and Shimon denies receiving it.
You should know that this is the subject of a machloket between the Ra’avya, who says that the defendant is believed that he paid, and the Maharam, who says that he is not believed. The Maharam brought a proof. [Our text of the Maharik says that the proof is from the 10th perek of Bava Batra, but the Beit Yosef (Choshen Mishpat 19) cites Teshuvot Maimoniot, Mishpatim 66 as the location of the Maharam and, there he brings the following proof from the 1st perek of Bava Metzia (17a). The gemara says that if beit din instructed the defendant to pay, he is believed to say that he did so, and therefore if the plaintiff requests somewhat after the ruling to commit it to writing, we do not do so out of concern that the award was already paid. The Maharam reasons that the subsequent transcribing of the ruling is problematic only if it will prevent the defendant from claiming that he paid. So, it is apparent from the gemara’s concern that the defendant is not believed when there is a written ruling, only when the ruling is oral.]
However, even the Maharam said that the defendant is not believed only in regard to a written ruling of the beit din that is responsible for the proceedings. However, even regarding something in writing, if it is a case where a local beit din heard the claims and sent them to a more knowledgeable beit din to decide the matter, the response of the experts is not considered a written ruling that precludes the defendant from being believed that he paid. [The logic is that the reason a debtor is not believed to say he paid his debt when there is a document (shtar) asserting the debt is that the document is written specifically to insure payment and exclude the possibility of a claim he paid. The argument of the Rishonim (see Beit Yosef, Choshen Mishpat 39) is whether a ruling is written for that purpose or for some other. If so, it is clear that the written response of the expert beit din, which simply needed to communicate their opinion to the original beit din, is not significant in this regard.]
[The Maharik is cited by the Beit Yosef in CM 19 but not in the Shulchan Aruch. Regarding the machloket between the Ra’avya and the Maharam, the Shulchan Aruch (CM 39:10) rules like the Maharam that when the plaintiff possesses a written ruling, the defendant requires proof that he paid. The Rama adds two limitations: 1. The defendant must have been told that the plaintiff is receiving a written ruling; 2. If a significant amount of time goes by without the plaintiff demanding payment of the debt, we can assume that it was because the defendant already paid.]
P'ninat Mishpat (832)
Various Rabbis
257 - Haste Makes Waste
258 - Claim that One Paid an Award
259 - Returning an Owner’s Family Members
Load More
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
