YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- 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
Load More
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 Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
Igrot Hare’aya Semi-solicited Advice to Calm Down Petach Tikva
#227 Date and Place: 8 Tishrei 5669, Yafo
P'ninat Mishpat Payment for Not Clearing Warehouse On Time – part II
based on ruling 75076 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: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Improving New Yishuv More Practical than Alternatives
Igrot Hare’aya – Letters of Rav Kook #107
Rabbis in Midrash
Lessons
fast navigation
Moreshet Shaul Hashem Is your Shadow – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 420 – an address from 1941
P'ninat Mishpat A Non-Contractor in Changing Times – part I
(based on ruling 85128 of the Eretz Hemdah-Gazit Rabbinical Courts)
Moreshet Shaul Our King on Rosh Hashana, Our Father on Yom Kippur.
Based on Aroch Siach, p. 221 (Rav Shaul Yisraeli)
P'ninat Mishpat A Non-Contractor in Changing Times – part II
(based on ruling 85128 of the Eretz Hemdah-Gazit Rabbinical Courts)
Moreshet Shaul Hashem Is your Shadow – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 420 – an address from 1941
Parashat Hashavua Happiness for the Right Reasons
[With painful longing, we share these divrei Torah from our co-Rosh Kollel for close to 40 years, Harav Moshe Ehrenreich zt”l.]
