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Case: The plaintiff (=pl) introduced investors in real estate to the defendant (=def), who deals in such investments. The agreement between pl and def is that pl gets a finder’s fee of 1.5% of every amount invested based on his introduction. All agree that $240,000 was invested in this manner. Pl claims that he received a finder’s fee on only the first $50,000, and therefore is owed 1.5% * $190,000 = $2,850. Def claimed and proved that the first investment was $100,000, and therefore he certainly paid the fee on that. He remembers clearly paying the fee for the next $100,000 ($1,500). He does not remember paying for the last $40,000 ($600) but assumes that he did so as well. Def promised documentation on almost all of the payments, but did not follow through.
P'ninat Mishpat (829)
Various Rabbis
499 - Claims of Various Levels on Payment of Finder’s Fee - Part I
500 - Claims of Various Levels on Payment of Finder’s Fee – Part II
501 - Ending Payment for Child Care Center
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The Shach (Choshen Mishpat 75:19) says that the rule is that when beit din makes the defendant pay partially, it is like an obligation based on testimony and creates a Torah-level oath. However, the Shach says that this is only when beit din rules based on a conviction that he owes money. In our case of paying because the person was not sure if he paid, it would seem that this is not a ruling based on certainty, and therefore it does not create a Torah-level oath. However, the Shach (CM 87:13), in a case like ours, says that it is considered like an admission on part which creates such an oath.
According to the K’tzot Hachoshen, the Rambam (see the machloket brought last week) never obligates one who denies and is obligated by beit din without testimony. The logic is that if we consider beit din’s ruling that he has to pay part like testimony, then we should treat the ruling that he is exempt on the rest (setting aside whether he needs to swear) like testimony that he is exempt from the rest.
The Even Ha’ezel reasons that while the payment is not like testimony, the defendant’s weak, losing claim which causes him to pay, is considered like an admission, which creates an oath on the rest. It is logical in that one who knows he owes should not be tempted, by an exemption from an oath, to say he is unsure if he paid instead of admitting that he owes the money. The Pitchei Teshuva (CM 70:9) and Netivot Hamishpat (75:4) rule like the Shach.
In summary, all agree that in order to be exempt from the $1,500, def would have to make an oath, but there is a machloket about the oath’s level. In general, payment based on compromise for a Torah-level oath is up to a maximum of two thirds, and for a Rabbinic oath up to a third. The payment is both to compensate for not having to swear and because the oath is a sign of a serious claim.
Beit din is charged to set the amount of compromise based on the particulars of the case. In this case, pl brought no evidence and even backtracked about his confidence that his claims were true. After weighing the indications, def must pay pl $350 out of the claim of $1,500 in addition to $600 about which he was unsure.
P'ninat Mishpat P'ninat Mishpat: Tuition Payment after Withdrawing Student
based on ruling 85142 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 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
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.
