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Case: The Jewish government-appointed official R. David outlaid moneys in representation of the community. It was decided that he would do as he saw fit with donations or revenue from individuals, including using them to reimburse himself for expenses. A long time after he stepped down from his role, R. David sued the community for expenses for which he claimed he had not been compensated. He did not bring witnesses that he made a claim when he originally stepped down. R. David said he received a ruling from a Sephardi beit din that he had a right to make the claim and should be believed if he swears how much is coming to him.
Ruling: It is true that one who makes monetary outlays on behalf of his friend with permission is believed to say the amount he is due with an oath (see Ketubot 80a). This is even true if he makes the claim after a few years. However, that is only when it is known that there are expenses outstanding and the question is how much. In that case, we do not assume that the time that has gone by is a sign of mechila(relinquishing of rights). In contrast, in this case, it was not until after years that anyone was made aware that there might be outstanding expenses due, in which case, the claimant cannot be believed even with an oath.
P'ninat Mishpat (832)
Various Rabbis
337 - Returning Ribbit With Devalued Currency
338 - Late Demand of Expenses
339 - The Laws of Bar Metzra on Seats in Shul
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If R. David knows people who saw him raise the issue of certain outlays at the appropriate time, he can make them swear if they now deny it. If these people are fit to be witnesses and they agree with him, then he is entitled to this money, even at the expense of the whole community.
If the alleged ruling of the Sephardi beit din comes to our hands, we will respond to it. In the meantime, it is hard to accept that they would hear the word of one litigant without hearing the other side. However, if and when such a ruling is presented with reasoning, we can deal with what is said. In the meantime R. David is not entitled to payment.
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: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
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)
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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
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(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
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(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
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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)
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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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
