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[The ruling in a din Torah awarded Reuven the profits due to him as a partner in Shimon’s business after Reuven would accept a cherem (serious ban/curse) if he was lying. Beit din referred to "the calculated amount" but did not state what it was. Reuven tried to collect the payment from Shimon with the help of an officer of the court, but Shimon refused to pay. Some time later, Shimon died, and Reuven has presented the beit din ruling to the same beit din to collect from the inheritors. Beit din does not know if Shimon had paid the award at some time in his lifetime and also does not remember how much money the partnership was worth at the time of the award (it was regrettably not written in the ruling).]
Beit din decided that since the ruling is in Reuven’s possession, it is as if Reuven has a loan document, in which case Shimon’s inheritors cannot claim that their father paid the amount due (see Shach 39:31). The S’ma (70:19) distinguishes between a document of beit din, regarding which he is not believed without proof that he paid, and a simple ruling, regarding which he can make that claim because it is made to be paid immediately. However, this ruling is like a beit din document because it states that Reuven will first have to accept a cherem, which he did not yet do. This is along the lines of the rule that whoever needs to swear in order to win the case, is not considered to have won until the oath is taken. Also, since Shimon was asked by beit din to pay, and he did not do so when asked, he is considered like one who does not listen to beit din. In such a case, it is not relevant whether the ruling is considered like a document of beit din or not, and he is not believed without proof that he paid.
The question, though, is whether it is only the person who was obligated who is not believed he paid without proof or even his inheritors, from whom it is often more halachically difficult to extract payment. Even if we wanted to claim that the occurrence that the father paid in these circumstances before his death is uncommon, inheritors might still be able to make the claim. After all, we see that we make even the uncommon claim that an oness (extenuating circumstance) happened to an object being watched before extracting payment from inheritors. Payment is also not so unexpected since accepting a cherem happens more easily than taking an oath. The fact that the father originally refused to pay is also not that pertinent since it is very possible that before his death he decided it was time to pay.
Additionally, since the ruling does not state how much Shimon owed Reuven, it is possible to make the claim on behalf of the inheritors that the amount owed was the smallest amount imaginable and not what Reuven claims it was. This is similar to the circumstance of a document of debt that refers to a denomination in the plural but is missing the number, in which case he pays only two units of the denomination (see Shulchan Aruch, Choshen Mishpat 88). On the other hand, since Reuven would not be believed to extract money without going back to beit din to determine how much he deserves and this did not happen, Reuven is at least believed regarding this smaller amount.
P'ninat Mishpat (829)
Various Rabbis
305 - Backing Out of the Sale of Wine Due to Non-Payment
306 - Payment of Din Torah Award by a Litigant’s Orphans
307 - When the Defendant Goes to the Plaintiff’s Place
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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: Undoing a Problematic Partnership – part III
based on ruling 84061 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: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 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.
