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Ruling: [Last time we criticized the taking of high interest and determined that pl can be held responsible for unauthorized lending and was deserving of salary.]
During the mediation attempts of Mr. P., who invested 900,000 NIS in bus, pl took responsibility for 600,000 NIS of losses. In general, when one singles out witnesses for an admission or it is done in a serious setting such as a beit din, he is held to it (see Shulchan Aruch, Choshen Mishpat 81). There is a machloket Rishonim whether admission in front of one is also valid. The Shulchan Aruch (ibid. 10) rules that it is valid, but the Shach (ad loc. 22) says that one can prevent extraction of money based on the other opinion (kim li). Thus, while there is not a full status of admission, that which was said before Mr. P., which was also recorded, is significant.
Pl claims that his openness to obligation was based on a mistake. In general, admission is fully impactful regarding facts, but when the actual obligation depends on not simple legal/ halachic considerations, the admitter is not assumed to necessarily know the halacha. In general, if one can demonstrate that his admission was based on a mistake, he is not bound by it (Shulchan Aruch ibid. 20). In this case, pl says that had he known the extent to which def was aware of all the loans and took steps to cover himself by working on liens for some of the big loans, he would not have seen himself as responsible. Therefore, we will take the facts agreed upon with Mr. P. as accepted, but not fully accept as binding all responsibility pl accepted then.
We conclude next time.
P'ninat Mishpat (835)
Beit Din Eretz Hemda - Gazit
583 - Losses from Financially (and Morally) Bad Loans – part I
584 - Losses from Financially (and Morally) Bad Loans – part II
585 - Losses from Financially (and Morally) Bad Loans – part III
Load More
Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
Igrot Hare’aya Departure of an Uncle to Eretz Yisrael
Igrot Hare’aya – Letters of Rav Kook: Vol. I, #1 , p. 1-2 – part II
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 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: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 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
