Photo Credit: Jewish Press

Mr. Farber, the principal of Yeshiva High School, asked some students to stay after class to help set up for graduation. “Pizza and ice cream for those who help,” he promised.

While the students were setting up, Mr. Farber called the pizza store. “I’m sending over eight students,” he said. “When they come, please treat them to two pies and ice cream, on us.”

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The following day, the students asked Mr. Farber to order pizza and ice cream. “But I sent you to the pizza store yesterday!” he exclaimed, puzzled.

“In the end, the store owner never gave any to us,” the students replied. “He said that he can’t give us without a credit card number. We tried calling the school office, but it was already closed.”

Mr. Farber called the pizza store. “I sent some students over yesterday,” he said. “Did you give them pizza and ice cream?”

“Yes; I have an invoice for two pies and eight ice creams,” said the store owner. “Can you please give me your credit card number?”

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

“It isn’t, but I don’t write an invoice without giving the pizza,” the store owner said. “You told me what to give them and I did. I don’t know your students, whether they’re trustworthy.”

Mr. Farber again questioned the students, who insisted they didn’t get the pizza. “You promised us pizza and ice cream for our work,” they argued. “Maybe the storeowner isn’t trustworthy.”

“This is ridiculous,” Mr. Farber said to himself. “The store owner says he paid; the students said they didn’t receive anything. Who should I believe?”

Mr. Farber picked up the phone to Rabbi Dayan. “I sent some students for pizza and ice cream yesterday,” he said. “The store owner says he gave it to them and he’s demanding payment, while the students say they didn’t get anything and are demanding that I order for them. Whom do I have to pay?”

“The Mishnah [Shavuos 45a] calls this case chenvani al pinkaso, a store owner on the basis of his ledger,” replied Rabbi Dayan. “A store owner who is instructed to provide payment to workers is believed when, with an oath, he says he paid them, and he can collect from the employer even if the workers deny having received the payment.”

“What about the students?” asked Mr. Farber.

“They are also believed with an oath to collect their wages,” said Rabbi Dayan. “The employer clearly owes his workers and does not know whether they were paid. The storeowner and workers should swear in each other’s presence so that they will be embarrassed of each other and, hopefully, the one lying will admit to it” (C.M. 91:1)

“Does the payment have to be recorded on the ledger?” asked Mr. Farber. “What if the store owner claims he paid but has no written record?”

The store owner is still believed if he has a definitive claim,” replied Rabbi Dayan. “The Rosh explains ‘his ledger’ is mentioned to teach that if the store owner has a reliable ledger he can claim he paid and swear on this basis, even if he doesn’t absolutely remember having given the payment. Since the employer admits having sent his workers for payment, there is circumstantial basis for what the store owner recorded, so the ledger can be relied upon as a definite claim.” (C.M. 91:4)

“So I have to pay double for the pizza and ice cream?” asked Mr. Farber. “How are they going to swear?”

“Nowadays, beis din usually advocates a compromise in lieu of an oath,” replied Rabbi Dayan. “The nature of the compromise is weighted in favor of the party who is believed, in principle. Thus, beis din would probably make you pay about two-thirds of the amount to each party.”

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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 [email protected]. 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 [email protected].