web analytics
July 7, 2015 / 20 Tammuz, 5775
At a Glance
Judaism
Sponsored Post


All In The Mind

Business-Halacha-logo

It was Yom Kippur eve. The shul began filling rapidly as the time approached for Kol Nidrei. Herzl Machlis sat in his seat, cloaked in his tallis and kittel, quietly reciting Tefillah Zakkah, composed by the Chayei Adam 150 years ago.

This emotional prayer ushers in Yom Kippur with an admission of our spiritual inadequacies and a supplication that the afflictions and prayers of the day should atone for our sins. It includes a declaration of forgiveness and forgoing bygones to those who have wronged us, and a request that others may forgive us, as well.

“I forgive completely to anyone who sinned against me, whether physically, monetarily, or verbally …. except for money that I [intend to and] can collect in beis din … Everyone else I forgive completely, so that no one should be punished on my account. Just as I forgive every person, so, too, give my favor in the eyes of other people that they should forgive me fully.”

Mr. Machlis paused to think about Mr. Schor. Earlier in the year, Mr. Schor had borrowed money from him to marry off a child. As the months wore on, it became clear the money would not be returned quickly. Mr. Machlis had decided in his mind to forgo the loan as an additional “wedding gift,” but had never said anything to Mr. Schor.

A month ago, though, the two had gotten into a dispute. Mr. Machlis changed his mind and was no longer was willing to forgo the debt; he had asked for the money back.

As Mr. Machlis stood there just before Kol Nidrei, he reflected about this incident. He wondered whether it was correct to demand the loan back after having decided to forgo it.

Mr. Machlis decided to speak with Rabbi Dayan after davening.

G’mar chasimah tovah,” he wished Rabbi Dayan. “Tefillah Zakkah made me think about an incident that happened this past year.”

“Indeed, Yom Kippur is a day to reflect on the past year,” said Rabbi Dayan. “What happened?”

“I loaned somebody money and decided to forego the loan, but we got into a dispute and I changed my mind,” Mr. Machlis said. “After I intended to forgo the loan, am I still allowed to demand the money?”

“The primary intent of Tefillah Zakkah is to exempt the debtor from heavenly punishment,” replied Rabbi Dayan. “Although is uses the term “mechila gemura” (forgoing completely) it likely does not express intent to forgo legal rights. Nonetheless, the issue you raised is a fascinating one, known in halacha as ‘mechila balev’ – forgoing in one’s mind.”

“Oh, really?!” exclaimed Mr. “Who addresses this issue?”

Ketzos Hachoshen [12:1] cites a statement of the Maharshal that a person who decided to forgo his loan and now wants to take revenge and collect it may no longer do so,” replied Rabbi Dayan, “since mechila in the mind is considered mechila.”

“The proof is from a Gemara [Kesubos 104a] that a widow who did not claim her kesuba for twenty-five years can no longer do so,” explained Rabbi Dayan. “One explanation is that, in the context of kesuba, her extended silence indicates intention to forgo the kesuba. Although she never said anything, her intention to forgo is valid.”

“Does the Ketzos accept this view?” asked Mr. Machlis.

“The Ketzos is troubled by the principle, ‘devarim shebalev ainam devarim,'” said Rabbi Dayan. Thoughts alone are not of legal consequence, with the exception of sacred donations.

“But what about the proof from the case of the widow?” asked Mr. Machlis.

“The Ketzos, citing the Maharit, differentiates between that case and the average case of mechila balev,” answered Rabbi Dayan. “When the intention is clearly evident to all, as in the case of the widow, we attribute significance to thoughts. However, when the intention is not clearly evident, as in the average case of mechila balev, it is not of significance.”

“What is the accepted ruling?” asked Mr. Machlis.

“Most authorities agree with the Ketzos that thought alone is insufficient,” said Rabbi Dayan. “There are some, though, who concur with the Maharshal.” (See Nesivos 12:5; Aruch Hashulchan 12:8; Yabia Omer C.M. 3:3)

“So what do I do?” asked Mr. Machlis.

“You are certainly entitled to demand your money, in accordance with the majority opinion,” said Rabbi Dayan. “If it were to become known to the beis din, though, that you initially decided in your mind to forgo the loan, they would likely not enforce payment, in deference to the minority opinion and the principle of hamotzi mei’chaveiro alav hare’aya – the burden of the proof in on the plaintiff.”

About the Author: Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to subscribe@businesshalacha.com. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail ask@businesshalacha.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

One Response to “All In The Mind”

  1. Hillel Gray says:

    Nice framing of a case to elucidate the halakhah.

Comments are closed.

Current Top Story
Iran's Ayatollah Akbar Hashemi Rafsanjani, head of the Expediency Discernment Council.
Iran’s Rafsanjani Reiterates ‘Israel Will Be Wiped Off The Map’
Latest Judaism Stories
17th_of_Tammuz_(medium)_(english)

17th of Tammuz: Beginning 3 weeks of mourning for the destruction of the Holy Temple in Jerusalem.

Rabbi Avi Weiss

With Ruth, The Torah seems to be stating that children shouldn’t be punished for the sins of parents

Neihaus-070315

Without a foundation, one cannot hope to build a structure.

Torat-Hakehillah-logo-NEW

Why do we have a parsha in Sefer Shemos named after Yisro who was not only a former idolater, but actually served as a priest for Avodah Zarah!

Question: Should we wash our hands in the bathroom with soap and water, or by pouring water from a vessel with handles three times, alternating hands? I have heard it said that a vessel is used only in the morning upon awakening. What are the rules pertaining to young children? What is the protocol if no vessel is available? Additionally, may we dry our hands via an electric dryer?

Harry Koenigsberg
(Via E-Mail)

This Land Is ‘My’ Land
‘[If The Vow Was Imposed] In The Seventh Year…’
(Nedarim 42b)

The Shulchan Aruch in the very first siman states that one should rise in the morning like a lion, implying that simply rising form bed requires strength of a lion, in line with the Midrash.

Attempts to interpret the message of Hashem in the absence of divine prophecy ultimately may twist that message in unintended ways that can lead to calamitous events.

Suddenly, the pilot’s voice could be heard. He explained that this was a special day for those passengers on board who lived in Israel.

If the sick person is thrust into a situation where he is compelled to face his sickness head on, we who are not yet sick can encourage him by facing it with him.

All agree that Jews ARE different. How? Why? The Bible’s answer is surprising and profound.

What’s the nation of Israel’s purpose in the world? How we can bring God’s blessings into the world?

“Is there a difference between rescuing and other services?” asked Ploni.

To my dismay, I’ve seen that shidduch candidates with money become ALL desirable traits for marriage

Bil’am’s character is complex and nuanced; neither purely good nor purely evil.

More Articles from Rabbi Meir Orlian
Business-Halacha-NEW

“Is there a difference between rescuing and other services?” asked Ploni.

Business-Halacha-NEW

“What difference does that make?” replied Shraga. “What counts is the agreement that we made. I said two hundred fifty and you accepted.”

“Is the invoice signed by the students?” asked the principal. “They said they didn’t get the pizza.”

“The answer depends on the terms of the purchase agreement and local customs,” replied Rabbi Dayan.

“I wasn’t really thinking,” replied Levi. “Things in the backyard usually don’t need watching. I also didn’t expect you to be away so long. One thing is clear, though: I never accepted responsibility for the cake.”

“What do you mean?” asked the secretary. “We already issued a ruling and closed the case.”

“A person who borrowed without a written loan document, even in the presence of witnesses, is believed with a heses – rabbinic – oath to say that he repaid,”

During the course of the year, though, political events in the Persian Gulf caused the cost of gasoline to rise. Prices climbed from $2.50 a gallon to $4.00.

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/all-in-the-mind/2012/09/20/

Scan this QR code to visit this page online: