web analytics
July 14, 2014 / 16 Tammuz, 5774
Israel at War: Operation Protective Edge
 
 
At a Glance
Judaism
Sponsored Post
Meir Panim's Restaurant in Tiberias Restaurant in Tiberias Enriches Holocaust Survivors’ Wellbeing

The generosity of Mrs. Lee Steinberg of New York helped establish the Meir Panim Free Restaurant in Tiberias.



Suspected!

Business-Halacha-logo

“I arranged with Simon Cooper, the plumber, to clear the blockage in the kitchen sink this morning,” Mr. Laks told his wife.

“Oh, great!” she replied. “I’ll clean the kitchen before he comes.”

At 10 o’clock Simon arrived. Mr. Laks showed him into the kitchen. “This sink is blocked terribly,” he said. “I’ve tried drain cleaner and a snake, but haven’t been able to clear it.”

“I’ll get to the bottom of it,” replied Simon confidently.

“Do you need help?” asked Mr. Laks.

“No,” said Simon. “You can go about your business; leave the sink to me.” He worked for about a half hour, going in and out of the house to bring tools from his car.

Mrs. Laks came into the kitchen and opened the drawer near the sink. “Have you seen my ring?” she asked Simon.

“No, I haven’t,” Simon responded.

“I left my ring in the kitchen drawer when I cleaned the kitchen this morning,” Mrs. Laks confided to her husband, panic-stricken. “There was no one else in the house other than Simon all morning, and he’s been in and out to his car numerous times.”

“Are you sure you left it in the drawer?” Mr. Laks asked her.

“Absolutely positive,” she said. “I also noticed the drawer was ajar and had been rummaged through.”

“Did you confront Simon?” Mr. Laks asked his wife.

“I asked him if he saw the ring,” replied Mrs. Laks, “but he claims he didn’t. I’m sure he took it, though.”

“I’m going to confront him directly,” Mr. Laks said.

Mr. Laks went over to Simon. “My wife is missing her ring,” he said. “She is positive she left it the drawer near the sink this morning, and only you were in the house today.”

“How dare you accuse me?” said Simon indignantly. “Your wife probably moved it and forgot where.”

“She is sure she left it in the drawer,” said Mr. Laks emphatically.

“You have no evidence I took it,” said Simon, shaking his head angrily. “Anyway, I just finished clearing the blockage. That’s $150 for the repair and I’ll be off.”

“I’m not paying anything,” said Mr. Laks. “I’m holding the payment in lieu of the ring, until we discuss this with Rabbi Dayan.”

“We’d better do so,” retorted Simon. “Let’s go right now!”

“My wife left her ring in the kitchen drawer, and it was taken,” Mr. Laks told Rabbi Dayan. “Mr. Cooper was working in the kitchen and was the only other person in the house. What recourse do we have?”

“A person who makes a definite claim but has no evidence or testimony an impose an oath, shevuas heses, on the other party who denies the claim,” answered Rabbi Dayan. “Although in general a person cannot impose an oath without a definite claim, Rama writes that a person can impose an oath if there is a strong basis, raglayim ladavar, for the claim, even if it is not definite.” (C.M. 75:17)

“What is an example of something considered a strong basis?” asked Mr. Laks.

“Let’s say someone was in your house. You find the moneybox broken and the contents stolen, and you suspect that person – you can impose an oath upon him,” replied Rabbi Dayan. “However, the Shach [75:63] questions the Rama’s ruling. He concludes that it depends on the evaluation of the beis din; if they see sufficient basis for the allegation, they can impose an oath upon the accused.”

“I understand that nowadays beis din is wary about imposing an oath,” said Mr. Laks. “Anyway, I want to withhold Mr. Cooper’s wages!”

“This is a complicated issue,” replied Rabbi Dayan. “The SM”A [75:49] writes that if the plaintiff grabs payment from the suspected thief unobserved, so that there is no evidence that he grabbed, he can keep the payment. Shach [75:64] and Taz [75:17] vehemently disagree; a person cannot take money from another when there is an element of doubt. Pischei Teshuvah [75:20] cites varying opinions of later authorities. Bottom line, since the plaintiff is already in possession of the money, he can keep it when he has clear basis for his claim.” (See Pischei Choshen, Geneivah 1:13)

“Then I should be able to withhold the wages,” said Mr. Laks, “since I am in possession of the money.”

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 “Suspected!”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Jews inside Paris synagogue surrounded by protesters throwing rocks, holding bats and chairs.
Firebomb and Rocks Hurled at Jews Trapped in Paris Synagogues
Latest Judaism Stories
Leff-071114

Sometimes when Chazal say that two different people are really one, they do not mean it literally, but rather figuratively.

Pinchas 10 Minute Parsha

The midrash says that Pinchas, (this parsha), and Eliyahu, prophet of Kings, are one and the same.

Lessons-Emunah-logo

The simple act of kindness should be the reward itself. Anything more in the form of a reward is gravy.

Business-Halacha-logo

“It is sometimes possible through hataras nedarim, nullification of vows,” replied Rabbi Dayan, “but it’s not simple for charity pledges.

The kohen gadol may not enter the Temple unless his hair is cut every seven days.

We need to understand why Moshe Rabbeinu decided to ask that his sons inherit his position after this new halacha was introduced.

Ancient Cities, Ancient Walls
(Megillah 3b-4a)

Question: I recently returned from a trip abroad and wanted to say HaGomel. When I mentioned this to the officers of my synagogue, however, they told me – as per the instructions of the synagogue’s rabbi – that I would have to wait until Shabbos to do so. I was not given any reason for this and did not wish to display my ignorance, so I quietly acquiesced. Can you please explain why I had to wait?

Name Withheld
(Via E-Mail)

Moshe served dual major roles for bnei Yisrael. He was their teacher and their leader.

An opinion recorded in the Talmud states that prayers correspond to the daily sacrifices offered in the Temple that are mentioned in this week’s portion (Berachot 26b, Numbers 28:4). It’s been argued that this opinion may be the conceptual base for our standardized prayer. Since sacrifices had detailed structure, our prayers also have a set text. […]

Is the fact that we can spend time with our families just a fringe benefit of Shabbos or an integral aspect?

Respect for basic human dignity is such a powerful concept that it overwhelms some areas of Jewish law.

If it is not prohibited when there is a purpose for inflicting the tza’ar, why was Bilam chastised for tza’ar ba’alei chaim?

Question: I recently returned from a trip abroad and wanted to say HaGomel. When I mentioned this to the officers of my synagogue, however, they told me – as per the instructions of the synagogue’s rabbi – that I would have to wait until Shabbos to do so. I was not given any reason for this and did not wish to display my ignorance, so I quietly acquiesced. Can you please explain why I had to wait?

Name Withheld
(Via E-Mail)

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

“It is sometimes possible through hataras nedarim, nullification of vows,” replied Rabbi Dayan, “but it’s not simple for charity pledges.

Business-Halacha-logo

Mr. Haber called Rabbi Dayan. “We sold various household items, including my bicycle, the refrigerator and some professional tools with the expectation of being relocated,” he said. “It turns out we’re staying. Can I annul those sales?”

“You cannot restrain Ari from building a fence on his property,” answered Rabbi Dayan.

“I would understand if I became sick and could not finish,” said Mr. Braun. “But here it was my choice to stop the work and go take care of my mother.”

“David is also entitled, since he is also learning,” Moshe replied. “He’ll be back in a few minutes. Anyway, I’m on a diet and didn’t take one for myself, so I don’t see any problem taking for him.”

Shlomo called Rabbi Dayan. “I lent someone money, and he now denies the loan,” he began. “If the opportunity presents itself, am I allowed to grab money from him?”

“I have no doubt you should pay the full value of the repair,” replied Zvi, “but I’m willing to ask Rabbi Dayan how much you owe.”

“Why are we allowed to read the magazine without paying for it?” asked Mr. Schreiber. “Shouldn’t there be at least a mitzvah of hashavat aveidah?”

    Latest Poll

    Israel's Iron Dome Anti-Missile System:





    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/suspected/2012/10/17/

Scan this QR code to visit this page online: