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“However, if there is evidence that he received the equipment as a loan and people have seen it still in his hands, he has no alternative, winning claim,” concluded Rabbi Dayan. “He cannot claim he purchased the equipment initially, since there is a signed loan agreement, or that he already returned it, since people have seen it. Therefore, without the migo, he is not believed that he later bought the item. Rabbi Brown is considered the known owner of the equipment, so Rabbi Brenner must return it.” (C .M. 72:18; 90:13; 133:5)


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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 [email protected]. 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 protected].