“If the initial claim denying the loan was stated informally, not in bet din, or if the borrower changed his claim before the lender brought witnesses,” replied Rabbi Dayan, “he is believed to say that he already repaid and is not considered a proven liar. [79:9] You, however, maintained your claim of having never borrowed until after Mr. Roth’s witnesses came. Hence, you remain liable, based on your implicit admission.”
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 firstname.lastname@example.org. 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@example.com.