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Case: A few years ago, Shimon wanted to buy a home and asked his brother, Levi, for help. Levi gave 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: [We have seen different opinions in the poskim on whether the claim that money was given as a gift is believed without a migo, and that even relatives do not usually give large presents.]
P'ninat Mishpat (829)
Various Rabbis
389 - A Loan or a Gift? – part II
390 - A Loan or a Gift? – part III
391 - A Loan or a Gift? – part IV
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What would be if Levi wanted the money returned, which beit dinis convinced was the case, but did not take the opportunity, for whatever reason, to tell Shimon explicitly? Generally, we have a rule that "matters one kept in his heart do not play a halachic role." However, there are opinions, and the Rama (Choshen Mishpat 207:4) cites them, that the rule is said only regarding sales and the like, in which it is unfair for someone who is giving as well as receiving, to have conditions that he was not told about affect the transaction. In contrast, these opinions hold, if one giving a present had unspoken intentions, they are valid (see S’ma ad loc. 10). These opinions should also be factored in. There is also a general rule that it is not proper to benefit from someone else in a manner that is not fair and just, and this applies to receiving the favor of a loan and refusing to repay because a stipulation might not have been verbalized.
It is possible that the halacha should be that Shimon should swear that he received the money as a gift and be exempt from repaying. Nowadays, we do not make or allow litigants to swear, and a minority of the money is given instead of the oath. However, in deciding the portion of the money that is given instead of the oath, beit din may and should factor in, within the framework of a compromise that is close to the din, circumstantial evidence or their educated or instinctive belief on who is telling the truth. In this case, for a variety of reasons, beit dintends to believe Levi over Shimon, and this impacts the ruling. The members of beit din disagreed whether Shimon should be required to pay a significant minority or a majority of the 100,000 shekels.
Next week, in our final installment, we will discuss what should be decided at this time, considering that no one claims that Shimon has the money to pay now.
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
P'ninat Mishpat P'ninat Mishpat: Problematic Lights?
based on appeal of ruling 84085 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
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)
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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.
