- Sections
- Chemdat Yamim
- P'ninat Mishpat
121
Second, even if Shimon did what he was suspected of, he would not be obligated to pay. Reuvenโs wife is described as stealing the valuables. After she made an acquisition in regards to the laws of theft, the object was stolen, and Shimonโs 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 โ 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 Shimonโs 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 Reuvenโs house.

P'ninat Mishpat (781)
Various Rabbis
293 - Authority to Rule Based
294 - Accessory to an Alleged Crime
295 - Replacing a Problematic
Load More

P'ninat Mishpat:Amounts and Conditions of Payment to an Architect โ part I
based on ruling 83061 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Iyar 5784

P'ninat Mishpat: Amounts and Conditions of Payment to an Architect โ part III
based on ruling 83061 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Sivan 5785

P'ninat Mishpat: End of Tenure of Development Company โ part I
based on ruling 77097 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Tammuz 5785

P'ninat Mishpat: A Used Car with a Tendency for Engine Problems
based on ruling 84034 of the Eretz Hemdah-Gazit Rabbinical Courts
Beit Din Eretz Hemda - Gazit | Iyar 5784

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.

Emotional Sensitivity to Distress
Tammuz 9 5777

Proper Foundations of the Home
Ein Aya Shabbat Chapter B Paragraph 192
Tevet 12 5777

Responsibilities Based on Different Modes of Influence
Sivan 26 5777

โBy their Families and the Household of their Fathersโ
2 Sivan 5770

The Torah - On Beyond our Intellect
Rabbi Avraham Shapira Zt"l | 8 Tamuz 5785
Daf Yomi Avodah Zarah Daf 14
R' Eli Stefansky | 6 Tammuz 5785
