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Case: A few years ago, Shimon wanted to buy a home and asked his brother, Levi, for help. Levi gave him 60,000 shekels and then later another 100,000. Levi has put Shimon on notice that he
wants Shimon to repay him the 100,000 shekels, which was a loan, when he has the ability. Shimon asked beit din to make a declaratory ruling that the money had been a gift. This, he says, is evidenced by the fact that there was no loan contract and is in line with the many gifts Levi had given Shimon over the years. Something had just caused Levi to "change his tune." Levi says that originally Shimon had asked him for a loan for the entire cost of the home, but that he had agreed only to a more modest gift plus a loan. Levi described a discussion before the loan in which he had said that he was unable to give the 100,000 as a gift. Shimon says that occurred well after the money was given, and that, in any case, Levi had previously pledged the money as a present, without which Shimon would not have bought the home.
Ruling: [The main subject we saw last time was the different opinions in the poskim on whether the claim that money was given as a present is believed without a migo.]
P'ninat Mishpat (829)
Various Rabbis
387 - A Loan or a Gift? – part I
388 - A Loan or a Gift? – part II
389 - A Loan or a Gift? – part III
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On the other hand, we find several important sources that indicate that we do not assume presents even between close family members. When a father-in-law obligated himself to feed ("on his table") his daughter and son-in-law for a certain amount of time and after it was completed, they continued eating there, the father can later charge them for what they ate and the children are not able to say that it must have been a present (Rama, Choshen Mishpat 246:17, based on Terumat Hadeshen 317). The Mahari Ibn Lev (I, 77) discusses someone who fed his young stepson, whom he treated like a son, for years. The son died as an adolescent, and the father sued his estate (the son had inherited a significant amount of money) to return the money he spent on him. The ruling was that although the two were close, we are to assume that money was given with the rights reserved to demand it back at a later time unless there is real evidence that it was a gift.
The distinction that explains the varied sources is that presents between relatives are common, but that when large amounts of money are involved, there have to be special indications that the money was a gift which the giver cannot demand to have returned (see article by Rav Yoezer Ariel in Techumin, vol. XXVII).
[Next time we will explore the possibility that Levi did not stipulate explicitly that he wanted the money returned but that this was his intention.]
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 I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
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.
