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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 (829)
Various Rabbis
293 - Authority to Rule Based
294 - Accessory to an Alleged Crime
295 - Replacing a Problematic
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P'ninat Mishpat P'ninat Mishpat: Smoking Rights in a Rental? – part III
based on ruling 85076 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 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.
