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- P'ninat Mishpat
Ruling: Claim of theft from safe: We note that pl’s claim that def stole partnership money is based on circumstantial evidence. However, it is strengthened by the following grossly inconsistent and illogical statements by def.
P'ninat Mishpat (834)
Beit Din Eretz Hemda - Gazit
831 - P'ninat Mishpat: Undoing a Problematic Partnership – part I
832 - P'ninat Mishpat: Undoing a Problematic Partnership – part II
833 - P'ninat Mishpat: Undoing a Problematic Partnership – part III
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The next day, pl complained that money was stolen. Originally, def said that pl was a suspect like he is. However, his final claim in beit din is that the money remained in the safe. He promised evidence from the surveillance cameras, but did not bring any; he said later that the recordings were naturally erased over time. Over multiple opportunities, closer to the time of the event, def did not claim that there was no money missing, the simple response that defuses the issue. It is illogical to not save video evidence. Finally, def’s response of indifference to arb when he inquired, and the failure to get back to arb with the news that no money is missing make the claim lack credibility.
Although we generally refrain from ruling based on circumstantial evidence, the Shulchan Aruch (Choshen Mishpat 15:4) and Rama (CM 99:8) embrace this possibility in cases of definite lying and apparent theft. Therefore, we rule to activate par. 6.7 to return pl’s investment.
We continue with final elements next time.
Beit Din Eretz Hemda - Gazit
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 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 P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
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Hosha'ana Rabba FLYDUBAI & HOSHANA RABBA- ANI VAHU HOSHIA NA- I & HIM SAVE US
"Ani vaHu Hoshia Na", "I and Him, Save Us". We don't just pray to Him, but we also pray to and for ourselves that we should emulate and educate our children to have that instinctive altruism with which He created the world. President Trump seemed amused about Yaniv Hayon, our PLUMBER who confidently worked with G-d like Superman (he learned from a pilot on a TV show!) to save 174 lives on the Dubai hijacking, but we in Israel are totally accustomed already 78 years to our plumbers, teachers, garbage-men, rabbis, farmers & doctors being Hashem's shlichim! This is what Zionism is about.
