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Case: Reuven came forward and admitted that he and Shimon stole a bundle of wool from Levi due to their poverty. Now that his financial status has improved, Reuven wants to pay Levi the value of half the bundle. Shimon also admits to the theft but says that he does not have money from which to pay. Levi wants Reuven, who can afford to pay for the entire theft, to do so.
Ruling: We should consider who actually took the wool from Levi’s possession, which is relevant even if Reuven and Shimon generally acted together and later divided up the wool between them. Since there is no shelichut (agency) for sins, whoever took it out is the lone thief. If they both held it together at the critical point that is considered the theft, they are obligated as partners, and if they then divided the spoils, each one is obligated only for the part that he received and not for his friend’s part.
P'ninat Mishpat (829)
Various Rabbis
351 - Changing a Community Tax Assessment
352 - A Partner in Crime’s Part in Returning Stolen Property
353 - An Agent who Gave the Document to the Wrong Person
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On the other hand, a thief’s practical obligation is only if the object is intact or the thief has benefitted from it or from that which was exchanged for it. In contrast, if the object was lost or wasted, even if it was through the thief’s negligence, then we apply the special exemption for a thief from having to pay in order to not discourage people from repenting from their ways of crime (see Shulchan Aruch, Choshen Mishpat 366). In such a case, the thief would only have a moral obligation, which is not enforceable. Only if Reuven was holding on to Shimon’s part of the theft when something happened to it, then Reuven would be obligated as a watchman.
If Reuven and Shimon cannot agree on the pertinent facts, then Reuven will pay his half and Levi will place a cherem against whoever is withholding the second part improperly. Shimon is not believed as one witness to testify that Reuven took it (and would have to pay Levi), even though he is obligated in theory to pay either Reuven or Levi if and when he has what to pay from. That is because Shimon is likely to have a preference to owe Reuven, his partner in crime, than to have an obligation to Levi, who is more likely to embarrass him. (The gemara(Bava Batra 45a) says that one is disqualified from testifying about a sale he made to a friend when he does not have other property from which to pay because he has an interest that he will have property from which his creditors can make payment. Tosafot explains that we are not concerned that it will make a difference because of the prospect that he will be rich enough to pay. The explanation is that when he has only a modest amount of money, if he wanted to avoid payment he could hide his resources. Although it is possible that he will become so well-off that he is not capable of hiding his money, that prospect is uncommon for a presently impoverished person.)
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part III
based on appeal of ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Return of Down Payment Due to War – part III
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: How Many Dayanim?
based on ruling 84139-1 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part I
based on ruling 84122 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
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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.
