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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 (832)
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.
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