web analytics
July 1, 2015 / 14 Tammuz, 5775
At a Glance
Judaism
Sponsored Post


Never Borrowed!

Business-Halacha-logo

Mr. Morris was home one evening, when an acquaintance, Mr. Roth, knocked at his door. “May I have a word with you?” Mr. Roth asked.

“Certainly, come in,” Mr. Morris said, welcoming him into the living room.

“Perhaps you’ve forgotten,” Mr. Roth began, “but last year I lent you $500, which you never repaid.”

Mr. Morris scratched his head and thought for a moment. “I never borrowed from you,” he replied.

“You definitely did,” Mr. Roth insisted. “And you never repaid.”

“Do you have any written evidence?” asked Mr. Morris.

“No I don’t,” acknowledged Mr. Roth.

“That just proves I never borrowed,” said Mr. Morris, emphatically.

“No, it doesn’t,” retorted Mr. Roth. “It just proves that I was a fool for not insisting on a written document!” He stood up and left.

Two weeks later, Mr. Morris was summoned to Rabbi Dayan’s bet din. Mr. Roth was asked to present his claim.

“I lent Mr. Morris $500 a year ago, which he hasn’t repaid,” claimed Mr. Roth.

“And what do you say about this?” Rabbi Dayan asked Mr. Morris.

“I never borrowed from Mr. Roth,” claimed Mr. Morris.

Rabbi Dayan turned to Mr. Roth: “Do you have any evidence?” he asked.

“I have two witnesses to the loan,” replied Mr. Roth. Rabbi Dayan called upon the witnesses to present their testimony. Each testified that Mr. Roth lent Mr. Morris $500 in his presence.

Rabbi Dayan asked the witnesses a few basic questions. When he was satisfied with the testimony, he turned to Mr. Morris. “Witnesses have attested to the loan,” he said. “Do you have anything further to say?”

“I would like a month to seek counter-evidence,” requested Mr. Morris. Rabbi Dayan consented to delay the final verdict for a month.

At the second hearing, Rabbi Dayan asked Mr. Morris: “Have you found any evidence to counter the testimony presented last time?”

“Yes, I also have witnesses,” replied Mr. Morris. “They will prove I don’t owe Mr. Roth any money.”

The witnesses testified that Mr. Morris repaid the $500 loan to Mr. Roth four months earlier.

“See, I don’t owe Mr. Roth any money,” Mr. Morris said. “Even if I borrowed, I paid back what I borrowed.” He sat down with a triumphant smile.

Rabbi Dayan requested that Mr. Roth and Mr. Morris exit for a few moments, while the dayanim convened. The two were called in shortly for the ruling:

“Mr. Morris is liable, and must pay the $500,” ruled Rabbi Dayan.

What?!” asked Mr. Morris, shocked. “How can you hold me liable when witnesses state that I already repaid?”

“I will explain the reason,” replied Rabbi Dayan. “There is an important, well-know concept: ‘hoda’as ba’al hadin k’meiah eidim dami’ – the admission of a litigant is like the testimony of a hundred witnesses. In actuality, his admission is believed – to his detriment – more than witnesses! If a person admits he owes, even if witnesses testify that he doesn’t, he remains legally liable.”

“But I didn’t admit anything,” said Mr. Morris. “I deny the charge completely! The witnesses also say I’m exempt!”

“That is correct,” replied Rabbi Dayan. “However, realize that there are two parts to this case: one, whether you borrowed; two, whether you repaid.”

“You initially claimed in court that you never borrowed the money,” continued Rabbi Dayan. “A person who never borrowed doesn’t pay! Thus, implicit in your claim that you didn’t borrow is an admission that you didn’t repay. This is expressed in the Gemara [B.B. 6a] as: kol ha’omer lo lavisi k’omer lo parati dami ­– whoever says, ‘I didn’t borrow,’ is like saying, ‘I didn’t repay.’ ”

“But since there are witnesses to both parts of the case,” reasoned Mr. Morris, “shouldn’t we follow them?”

“In regards to the loan, obviously we accept the witnesses’ testimony that you borrowed, despite your denial otherwise,” explained Rabbi Dayan. “However, regarding repayment, we accept your implicit admission, even against the testimony of the witnesses. Thus, on the one hand, we believe the witnesses that you borrowed. On the other hand, we believe your implicit admission that you didn’t repay.” (79:1,6)

“I don’t understand, though,” insisted Mr. Morris. “All the time, people initially deny outright all kinds of claim, and then come to bet din and adjust their claim and bring witnesses. Are you saying these witnesses are all rendered meaningless?”

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 “Never Borrowed!”

Comments are closed.

Current Top Story
Senator Chuck Schumer (D-NY)
Pro-Israel Group: Tell Chuck Schumer Not to Cave [video]
Latest Judaism Stories
Staum-062615

Amalek, our ultimate foe, understood that when unified, we are invincible and indestructible.

Torat-Hakehillah-logo-NEW

Perhaps on a deeper level, the mitzvah of parah adumah at this junction was not just to purify the body, but the spirit as well.

Rabbi Avi Weiss

Halacha isn’t random; it’s a mechanism guiding individuals and society to a higher ethical plateau.

Q-A-Klass-logo

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)

Less clear, however, is whether the concept applies to the area of civil law such as the law of transfer of property.

The greatest of men, Moshe, had to wait for Hashem to sprinkle purifying waters on Bnei Yisrael to mark the conclusion of the period of death.

My Plate, My Food
‘My Loaf Is Forbidden To You’
(Nedarim 34b)

Of Chukkim “Satan and the nations of the world made fun.” They may appear irrational & superstitious

I realized from this story that I was sent as a messenger from above. Hashem has many helpers in this world to help do his work.

Tosafos answers that nevertheless the sprinkling is a part of his taharah process.

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

Zaidie’s legacy of smiles and loving words was all but buried with him, now the family fights over $

Israel’s complaining frustrated Moshe, making it increasingly hard for him to lead effectively

Dovid’s musical Torah teachings were designed to penetrate the soul and the emotions.

It occurred to me, as my brain rattled in my skull on a two-hundred mile ride through rural Virginia, that our souls work in much the same way.

More Articles from Rabbi Meir Orlian
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.”

Business-Halacha-NEW

“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.

“There is a diamond necklace that I wear on special occasions,” Mrs. Miller told her husband. “It was recently appraised at $6,000. If need be, we can give that as collateral.”

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/never-borrowed/2012/08/23/

Scan this QR code to visit this page online: