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Although one who certainly received something and is not sure if he returned it is obligated to pay if his counterpart claims he is sure he did not receive it back, here Levi can still be exempt based on the possibility that it was stolen, in which case he would be exempt. Levi claims with certainty that the only possibilities are ones that exempt him. One could not have expected Levi to guard the envelope in question better than he guards his own diamonds, especially when he was told that Reuven would claim it in an hour. Although he does not claim conclusively that the envelope was stolen, this is common for claims of theft made by one who watches an object and was not negligent (e.g., when he forgot where he put something – see Bava Metzia 35a). He can surmise that if there is no other explanation for its being missing, it must have been stolen.
According to the classical halacha, Levi would have to swear that the diamond is not in his possession and that he was not negligent in watching it. If he would not be willing to swear, we must consider whether he can exempt himself with the claim that he did not see that there was actually a diamond in the sealed envelope. One might want to claim that since Levi saw that there was something in the envelope and it must have been worth at least a peruta, he would be obligated to swear that it was nothing more than minimal value. If so, since he does not know what to swear, he is obligated to pay. However, in a case like this, in which Shimon knows that Levi was not expected to know what was inside, Levi would be exempt from paying more than the value he admits. On the other hand, Levi said that Shimon could swear what the value of the contents of the envelope was, and thus if he decided to do so, Shimon would be believed regarding the value.
In this case, then, Shimon would have to swear about the minimum value of the contents of the envelope, and Levi would have to swear that the object is not in his possession and that he was not negligent. The custom is not to swear but to "redeem" oaths by means of compromise that makes the one who should have sworn pay a third of the value in question. Unless beit din feels that another amount is more appropriate, Reuven/Shimon should lose a third by not swearing the value and regarding the remaining two-thirds, Levi has to pay a third for not swearing what he needs to. Therefore, the standard payment should be approximately two ninths of the claimed value of the diamond.
P'ninat Mishpat (829)
Various Rabbis
299 - Bonds with One Son Listed as a Recipient
300 - Responsibility for a Missing Diamond
301 - Back Pay for a Rabbi
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P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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.
