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Case: The plaintiff (=pl) is a money changer, who over years changed large dollar checks for a yeshiva (=ye) in Israel whose main funding came from America. Pl advanced funds to def before the checks cleared on a limited basis. At some point, in order to allow greater credit to def, pl demanded a 100,000 shekel personal check from the head of the yeshiva (=bor), which was to be cosigned by bor’s brother (=def). The guarantee is usually done by a signature inside a framed area on the check’s back. Def demanded to write an explanation next to his signature, saying that it is for dollar checks "shenitanim … (that are given? – see below)." After many months of subsequent use of pl’s services, a $28,000 check, for which the yeshiva received shekels, bounced. It turned out that ye ran out of funds and is now bankrupt. Since bor does not have money to pay, pl wants to receive payment from def. Def responds that he agreed to guarantee only the checks given at the time he obligated himself and not for the future. Pl says that it does not make sense that def would not know that the arrangement continued to be used into the future and that pl was relying partially on def’s guarantee when advancing money. Def denies knowing, saying he thought there was a specific issue at the time.
Ruling: If pl and bor thought that def had obligated himself in an open-ended manner and def did not have that in mind, would def be obligated? Arvut (being a guarantor) is something which one becomes obligated in only based on his intention (as he does not naturally receive any benefit). Therefore, it is impossible to be obligated without intention, irrespective of what the other parties thought.
The language of def’s commitment can be understood either as being obligated for those that are "being given" or "have been given." When a written obligation can be understood in an expansive or limited way, we say that the one who needs the document to provide him rights has the burden of proof (Ketubot 83b). This is based on the idea of not extracting money based on doubt, which works here against pl.
There are some circumstantial indications that def is not telling the truth about not knowing. However, it is not conclusive, in which case, we do not obligate an arev based on doubt (see Maharik 133; Aruch Hashulchan, Choshen Mishpat 131:6). One of the dayanim sees another reason for def not to be obligated broadly. That is the concept that an arev who accepts arvut in such a way that he was not responsible for the giving of the money by the lender, is not bound (Tur, CM 131, based on the Rambam, Malveh 25:7). The other dayanim reason that over time, def’s understood obligation was likely a factor in pl’s continued advancing of money.
It is unclear whether pl claimed in a definite way that def knew that his guarantee was for future payments as well. If there were a definite claim, def would be required to take an oath, and in our days, that is replaced by a compromise. However, since there is one witness who claims that the arvut was explicitly limited, that testimony undoes the need for an oath (Rama, CM 87:6).
P'ninat Mishpat (829)
Various Rabbis
535 - Firing with Insufficient Warning? – part II
536 - Extent of Guarantee
537 - Dissatisfaction with the Quality of a Sefer Torah – Part I
Load More
P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 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: Agricultural Water Rights – part II
based on ruling 84122 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.
