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Second, even if Shimon did what he was suspected of, he would not be obligated to pay. Reuven’s wife is described as stealing the valuables. After she made an acquisition in regards to the laws of theft, the object was stolen, and Shimon’s role in helping her would not make him a thief who would be obligated to pay. While there are grounds to claim that Shimon acted as a mazik (damager) by enabling his sister to hide the items, it has not been substantiated that she would not have been able to do so on her own. Furthermore, once the objects were stolen, the main damage had already occurred, and making it less likely that Reuven would recover them is not direct enough to be considered damage. (E.g., if one obstructs the path of someone chasing after a thief, this is not direct damage which obligates one to pay.)
Furthermore, Shimon says that his sister had a right to take the objects [Ed. Note – it is not clear from the question based on what grounds]. Since there are no witnesses that she took the objects, if she admitted in court that she took them but that it was justified, she would be initially believed. Although Shimon’s witnessing of the event is like witnesses of the seizure in regards to himself, in which case, she should not be believed it was justified, Shimon also says that he knows that she is justified. Even if it is wrong in the first place to seize property due to a debt, that still does not turn the person who seized into a thief.
For all the reasons mentioned, beit din should not make Shimon swear that he was not involved in the hiding of valuables from Reuven’s house.
P'ninat Mishpat (832)
Various Rabbis
293 - Authority to Rule Based
294 - Accessory to an Alleged Crime
295 - Replacing a Problematic
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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: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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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)
