web analytics
September 21, 2014 / 26 Elul, 5774
At a Glance
Judaism
Sponsored Post
Apartment 758x530 Africa-Israel at the Israel Real Estate Exhibition in New York

Africa Israel Residences, part of the Africa Israel Investments Group led by international businessman Lev Leviev, will present 7 leading projects on the The Israel Real Estate Exhibition in New York on Sep 14-15, 2014.



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
Dozens of children were traumatized but escaped injury Sunday morning when Arabs in eastern Jerusalem attacked their bus.
‘Benign Neglect’ May Be Setting Up Eastern Jerusalem Jews for Expulsion
Latest Judaism Stories
Hertzberg-092614

Perhaps the most important leadership lesson Elkana taught us is to never underestimate the difference a single person can make.

Teller-Rabbi-Hanoch-NEW

“he’s my rabbi” the Black painter said with pride, pulling out a photo of the Rebbe from his wallet

Rabbi Avi Weiss, head of theYeshivat Chovevei Torah. Rabbi Asher Lopatin will be replacing him as head of the school.

The Torah notes that even when we are dispersed God will return us to Him.

Rabbi Sacks

Simply, for Rambam the number 14 (2×7) was his favored organizing principle.

One of the cornerstones of our Jewish life is chesed, kindness. Chesed can only be taught by example

Our understanding of what is and what is not possible creates imagined ceilings of opportunity for us.

This young, innocent child gave me a powerful, warm surge of energy and strength.

The Chafetz Chaim answered that there are two forms of teshuvah; teshuvah m’ahava and teshuvah m’yirah.

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

A Role Reversal
‘Return, O Wayward Sons…’
(Chagigah 15a)

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

In Parshas Re’eh the Torah tells us about the bechira to adhere to the commandments of Hashem and refrain from sin. In Parshas Nitzavim, the Torah tells us that we have the choice to repent after we have sinned.

As Moshe is about to die, why does God tell him about how the Israelites will ruin everything?

Jonah objected to God accepting repentance based on ulterior motives and likely for short duration.

This week’s parsha offers a new covenant; a covenant that speaks to national life unlike any other

More Articles from Rabbi Meir Orlian
Business-Halacha-logo

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

Business-Halacha-logo

“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?”

“The Torah states in Parshat Ki-Teitzei: ‘If you build a new house, you shall make a fence for your roof. I think it’s your responsibility.”

On Friday afternoon, Dov called Kalman. “Please make sure to return the keys for the car on Motzaei Shabbos,” he said. “We have a bris on Sunday morning and we’re all going. We also need the roof luggage bag.”

“We’re leining now, and shouldn’t be talking,” Mr. Silver gently quieted his son. “At the Shabbos table we can discuss it at length.”

“Guess what?” Benzion exclaimed when he returned home. “I just won an identical Mishnah Berurah in the avos u’banim raffle.”

“Do I have to repay the loan?” he asked. “Does Yosef have to reimburse me? What if doesn’t have that sum, does he owe me in the future?”

When Yoram got home that evening, he went over to Effy: “My day camp is looking for extra supervision for an overnight trip,” he said. “Would you like to come? They’re paying $250 for the trip.”

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

Scan this QR code to visit this page online: