web analytics
October 31, 2014 / 7 Heshvan, 5775
At a Glance
Judaism
Sponsored Post
Meir Panim with Soldiers 5774 Roundup: Year of Relief and Service for Israel’s Needy

Meir Panim implements programs that serve Israel’s neediest populations with respect and dignity. Meir Panim also coordinated care packages for families in the South during the Gaza War.



Here, Take it!


Business-Halacha-logo

The Golds were planning a two-week vacation. Mrs. Gold did not want to travel with her jewelry, but was concerned about leaving it in their apartment while they traveled.

“What should we do with my jewelry?” Mrs. Gold asked her husband. “I’m afraid to leave it unattended in the apartment. There has been a rash of robberies recently in the building.”

“We could hide the jewelry in one of the closets,” suggested Mr. Gold.

“I’m not happy with that,” said Mrs. Gold. “If a thief searches the apartment, he still might find it. We’ll be away for two weeks.”

“If you’re comfortable, we can leave the jewelry with our neighbors, the Ehrlichs,” said Mr. Gold. “They have a safe in their apartment.”

“That would be much better,” said Mrs. Gold. “I would feel more secure knowing the jewelry was stowed away.”

Mr. Gold called the Ehrlichs and asked if he could bring over some valuables to put in their safe while they would be away on vacation.

“That’s fine,” said Mr. Ehrlich. “We’ll be happy to keep it for you in our safe. It’s not such a big safe, though, so focus on the smaller items.”

Mrs. Gold gathered together the valuable jewelry she wasn’t planning to take and put it in a bag. Mr. Gold brought it over to the Ehrlichs. He quickly showed Mr. Ehrlich the contents: some necklaces, earrings, rings, and some gold pins. Then he knotted the bag carefully and gave it to Mr. Ehrlich to put in his safe.

“Have a safe trip,” Mr. Ehrlich wished Mr. Gold. “Enjoy your vacation!”

When the Golds returned two weeks later, Mr. Gold went to retrieve the bag of jewelry from the Ehrlichs. Mr. Ehrlich took the bag out of the safe.

“Thank you very much,” said Mr. Gold.

“No problem at all,” said Mr. Ehrlich. “We were happy to help.”

Mr. Gold took the bag and untied it. He perused the contents. With a concerned look, he said: “Would you mind if I examined the contents before retuning home?”

“You’re welcome to,” said Mr. Ehrlich, “but I assure you that nobody touched the bag while you were gone.”

Mr. Gold took out the items one by one. “There was also a golden pin with a diamond tip that is missing!” he said.

“I have no idea whether there was or wasn’t such a pin,” said Mr. Ehrlich in an offended tone. “I didn’t examine the contents of the bag carefully when you gave it to me. I assure you, though, that whatever you gave is what you got back!”

“But I’m sure the pin was in the bag,” said Mr. Gold softly. “You’re obligated in a Torah oath of modeh b’miktzas, partial admission.”

Mr. Ehrlich paled. “I’m not swearing any such oath,” he said.

“Then you’ll have to pay,” said Mr. Gold. “We’re going to have to take this up with Rabbi Dayan.”

Mr. Gold and Mr. Ehrlich met with Rabbi Dayan. “I gave Mr. Ehrlich a bag of jewelry to keep in his safe and a diamond-tipped pin is missing from the bag,” said Mr. Gold. “He doesn’t know whether he received the pin but claims he returned the bag intact. Is this not a case of modeh b’miktzas, partial admission?”

“At first glance, it might seem so,” replied Rabbi Dayan. “Mr. Ehrlich admits to having received a bag of jewelry, but denies having received that pin in the bag. As such, he would be obligated in a Torah oath to deny the claim.”

“However,” continued Rabbi Dayan, “the truth is that Mr. Ehrlich is not required a Torah oath.”

“Why not?” asked Mr. Gold.

“There is a significant exception to the rule of partial admission known as heilech, ‘Here, take it,’ ” answered Rabbi Dayan. “If the defendant admits partially, but is prepared to return the admitted items – or to pay immediately in beis din the sum that he admits – we do not view the case as one of partial admission; he is not required the Torah oath of partial admission.” (C.M. 87:1; 88:24)

“I don’t quite follow the logic,” said Mr. Ehrlich. “Why should that make a difference?”

“Since Mr. Ehrlich returned the remaining jewelry, the entire litigation revolves only around the golden brooch,” explained Rabbi Dayan. “Mr. Gold claims he entrusted a brooch; Mr. Ehrlich denies it. Thus, there is no partial admission of the litigation claim. At most, Mr. Gold would be obligated in a rabbinic oath.” (See also C.M. 88:23.)

“When would there be a case of partial admission?” asked Mr. Gold.

“Only if the defendant admits owing but is not in position to pay immediately,” said Rabbi Dayan. “Then the litigation relates to the entire amount, to which he admits partially.” (See Shach 87:3.)

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.

No Responses to “Here, Take it!”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
US Defense Secretary Chuck Hagel (L) meets with Israel's Defense Minister Moshe Yaalon in Halifax, Canada on November 22, 2013.
Ya’alon Scraps Purchase of US Aircraft
Latest Judaism Stories
PTI-103114

People love their GPS; just type in the address and it tells you exactly how to get to where you want to go.

Grunfeld-Raphael-logo

In the same way as a married woman is precluded from marrying another man without a get, so too is this widow prohibited from marrying another man without chalitzah.

Daf-Yomi-logo

The Ban Of The Communities
‘Impaired Chalitzah’
(Yevamos 26b)

Question: I recently loaned money to a friend who has been able to repay only part of it. This was an interest-free loan. We exchanged a signed IOU, not a proper shtar with witnesses, since I have always trusted her integrity and only wanted a document that confirms what was loaned and what was repaid. Now that shemittah is approaching, what should I do? Should I forgive the loan? And if my friend is not able to repay it, may I deduct the unpaid money from my ma’aser requirement?

Name Withheld

“My mother raised us to independence, all of us,” Rivka says, which certainly plays itself out in the fact that all three children have taken a different path.

“ ‘We’re almost out of stamps,’ I said. ‘I’ll be happy to run over to the post office and pick up a supply.’ ”

Bris Bein Habesarim affirmed that Hashem gave the land to Avraham’s children. It does not specify for how long. It did not guarantee the Jewish people eternal ownership of the land

According to the Raavad if one who is uncircumcised breaks something he will be exempt from paying for it since he was chayav kares at the same time as he was obligated to repay for the item he broke.

Why does Hebrew refer to mothers-in-law as “sunshine” when society often calls them the opposite?

Having herself been victimized by Pharoah, Sarah should have been more sensitive to Hagar.

Avram’s father was not impressed with the cleverness of his son. In fact, he was so unimpressed that he took him to Nimrod the king, who pronounced him an enemy of the state and attempted to execute him.

How do the stories in Lech Lecha help us understand the central tension of Abraham’s life, legacy?

Abraham did not govern society but instead was the representative of God’s kingdom on earth.

Hagar grossly miscalculated her own merits and demonstrated a serious lack of gratitude for Sarai.

Noach was the lonely man of faith living in a depraved world, full of wickedness.

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

“ ‘We’re almost out of stamps,’ I said. ‘I’ll be happy to run over to the post office and pick up a supply.’ ”

Business-Halacha-logo

Noach felt a tug, and then heard a rip. His jacket had been caught on the nail, and the beautiful suit had a tear.

Shimon started adjusting the branches on the roof. In doing so, a branch fell off the other side of the car and hit the side-view mirror, cracking it.

Some seforim on a nearby bookcase toppled over and knocked the esrog out of Lev’s hand. It fell to the ground and a piece broke off.

Mr. Fisher contacted Rabbi Dayan. “Am I allowed to use money of ma’aser kesafim to pay the shul for an aliyah that I bought?” he asked.

Rabbi Dayan took a challah and some cooked eggs. He then called over his 15-year-old son, Aharon. “Could you please ask your friend Chaim from next door to come over and help me with the eruv tavshilin?”

When the Kleins returned, however, they were dismayed to see that the renters did a poor job cleaning up after themselves.

“Tony said that the code in most places in the U.S. is at least 36 inches for a residential guardrail,” replied Mr. Braun. “Some make it higher, 42, or even 52 inches for high porches. What is the required height according to halacha?”

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/here-take-it/2013/02/27/

Scan this QR code to visit this page online: