YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
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 (831)
Various Rabbis
299 - Bonds with One Son Listed as a Recipient
300 - Responsibility for a Missing Diamond
301 - Back Pay for a Rabbi
Load More
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 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: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
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)
Rabbis in Midrash
Lessons
fast navigation
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)
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)
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)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
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.
