YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
The first contract includes interest and the second refers to "benefits" for pl; both refer to a standard heter iska. In actuality, bank transfers indicate that the sums are 255,720 NIS and 170,350 NIS respectively (=426,070). This is confirmed by a statement by pl that the contract sums are rounded off. The sides disagree how to consider the loan amounts and conditions. There are also disputes between the sides about what various payments by def, some direct and some indirect (def paying a person to whom pl owed money) relate to. Def claimed they were to pay for the first loan; pl claimed they were for the second loan and/or additional debts that def had to pl.
Ruling: The amount of the loans that is the principal is 426,070 NIS, not the 500,000 NIS written in the contracts, as pl admitted they were rounded off. However, regarding the 5,720 NIS of the first loan that exceeded the 250,000 NIS listed in the loan contract, nothing indicates that it is interest-bearing.
The basic rule applied here is that when two loans are given at different times, payment of the earlier loan is to be assumed before payment of the later loan. This is all the more logical in a case where the first loan bears interest.
The second contract states that part of pl’s salary would be paid in the form of corresponding forgiving of the first loan. It became clear that this was done to get out of paying taxes, for the "benefit" of both sides. This is forbidden according to Israeli law and according to Halacha (Shulchan Aruch, Choshen Mishpat 369:6). Despite this, regarding the financial situation between the sides, those payments will be considered payment of the first loan.
Although pl said those payments corresponded to other of def’s obligations to him, since during all the hearings, pl did not mention other debts, this claim is quite implausible. Furthermore, claiming that payment was for an undocumented loan (sitrai), not the documented one, is believed only if the claimant could have denied the payment (Shvuot 42a). Acharonim say this is true not only when there are witnesses to payments, but also when the litigant admitted the payments, as pl did. Pl counters that there is a clause in the contract that pl is believed to say that his loan was not paid back unless he signs a receipt that it was. However, the Shach (CM 58:11) says that this ability to claim non-payment falls off when the recipient previously admitted that he received it, as was the case here.
P'ninat Mishpat (829)
Beit Din Eretz Hemda - Gazit
841 - P'NINAT MISHPAT: TO WHOM DO THE PAYMENTS GO? – PART II
842 - P'NINAT MISHPAT: A MESS OF LOANS, REPAYMENTS AND GRIEVANCES – PART I
843 - P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
Load More
Beit Din Eretz Hemda - Gazit
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
P'ninat Mishpat Payments after a Gradual End of Employment
(Based on ruling 82024 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
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: Did Any Furniture Go to the Buyer? – part II
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
fast navigation
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
