Yeshiva
Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Ruling: We saw last time that pl’s claim that she originally stated the items were on loan is not convincing enough to extract money.
Def claims that her admission letter was written under duress. However, the Shulchan Aruch (Choshen Mishpat 81:17) rules that even those claims that are effective against an imperfect admission do not work against an admission in writing. On the other hand, the admission’s extent is limited to that which is written in the letter.
A "gift" that returns at a certain point can take different forms: 1) she’eila (a loan); 2) a gift for a certain time (ibid. 241:6). In this case, neither side proved which of the constructs was used. One difference between them is whether the recipient is responsible to guard the items and pay if he was not successful (according to #2, the recipient is exempt). Even a borrower (#1) is exempt from damages that occurred as a result of normal use (ibid. 340:1). Therefore, either way, def will be exempt from much of the damage. Those items that normally get fully used in a few years would not need to be accounted for at all. If viewed as a borrower, def would be responsible for some of the damages that were not due to natural wear and tear. Def would also be obligated to swear that there was no negligence that would obligate her to pay for damages.
Since being a borrower obligates the recipient, def would have had to realize that she was becoming a borrower to be obligated in that way. We do not have proof that this occurred. She would not have to be aware of becoming the recipient of a gift for a certain time, as there are no special obligations, just a need to return that which is no longer hers. Therefore, while def must return the materials, she would not be required to pay.
Next time we will discuss how to return the materials.
P'ninat Mishpat (835)
Various Rabbis
550 - Return of “Borrowed” Pre-School Items 1
551 - Return of “Borrowed” Pre-School Items – II
552 - Return of “Borrowed” Pre-School Items – III
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
P'ninat Mishpat Repercussions of a Sale that Turned Out Not Happening – part III
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Limits of Interest Rate for Loan with Heter Iska – part I
based on ruling 80033 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
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
