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Beit Midrash
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Ruling: Even if Levi originally pledged a gift, he is not legally required to fulfill the pledge (Shulchan Aruch, Choshen Mishpat 204:8), and therefore Shimon cannot rely on it as a determinant that the payment was a gift.
The Shulchan Aruch (CM 75:7) rules that not only can one deny receiving a loan or a pikadon or say he returned it, but he can also say that the money he received was as a present or that the giver was mochel the need to return it. He needs only a simple oath (heset) to be exempt. However, the Shach (75:22) and others say that the latter two claims are weak ones, which one is believed about only if he has a migo (the ability to be believed with another claim). The Sha’ar Mishpat (ad loc.) disagrees with the Shach. The Shulchan Aruch (CM 58:2) says that if Reuven owed money to Yehuda with a document and Reuven was seen giving money to Yehuda in a context that is not clear, Yehuda can say that it was payment for another loan (without a contract) migo of the claim that it was a present. On the other hand, the Rama (ad loc.) rules like the Rishonim that in such a case, Yehuda would not be believed that the money transfer was either a present or for another loan. Acharonim says that, in this regard, the situation of there being a document affects matters.
In this case, Shimon does not have a migo, as regarding such a large sum of money, which is almost never given without involvement of banks (checks or bank transfers) it is not feasible to claim that he did not receive the money or that he returned it. Therefore, whether Shimon is believed that he received it as a present or not depends on the above opinions, and, in any case, he would have to make a shevu’at heset.
Beit din rejects Shimon’s proof that the money was a gift from the fact that there was no document. It is not unusual to trust a close relative with payment without a document.
Next week we will explore the possibility that the assumptions of whether one is likely to give a gift are different when the people involved are close relatives.
P'ninat Mishpat (829)
Various Rabbis
385 - Lawyer’s Rights to Full Fees from Reluctant Client – part V
386 - A Loan or a Gift? – part I
387 - A Loan or a Gift? – part II
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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: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 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)
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Ein Aya Various Universal Stages of the Geula Process
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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
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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.
