Sara had worked during the summer as an arts-and-crafts counselor in a day camp. “You should order supplies through the camp office,” the director told her. “If you need to pick up extra supplies out of pocket, though, we will reimburse you based on the receipts.”
Throughout the summer, Sara would keep the receipts of her expenses in a pencil case and submit them at the end of each week for cash reimbursement.
A few months after camp, Sara was cleaning out her knapsack and found two receipts in the pencil case. She didn’t remember whether she had been reimbursed for them.
Sara called the camp director. “I found two receipts from the summer,” she said. “I assume that I was not reimbursed, but am not sure. Do you have a record of what you paid?”
“We paid from the petty cash box and didn’t keep a record of your receipts,” said the camp director, “so I have no way of telling whether we reimbursed you.”
“I also don’t remember,” said Sara, “but usually I would give in the receipts when you reimbursed me.”
“Are you sure that the receipts are from camp?” asked the director. “It’s already a few months past.”
“The receipts are definitely from the summer,” replied Sara. “The dates are in August.”
“Maybe they’re not from camp, though,” said the director. “Perhaps you bought items for personal use?”
“Can’t be,” said Sara. “I only kept receipts from camp in that pencil case.”
“I trust you on that,” said the director. “But the fact that you noticed the receipts only now makes me wonder whether we reimbursed you at the end of the summer but you didn’t give them in for some reason.”
“I don’t know what to say,” said Sara.
“Let me consult Rabbi Dayan,” said the director.
The director called Rabbi Dayan and asked: “Do we owe Sara for the receipts?”
“When there is uncertainty on the part of lender and/or borrower,” replied Rabbi Dayan, “the halacha varies, depending on the documentation of the loan.”
“Can you please explain?” asked the director.
“If the lender holds a valid loan document, but neither he nor the borrower remembers whether it was repaid, the borrower must pay,” said Rabbi Dayan. “We do not negate a valid document out of doubt. However, if the borrower insists that he repaid and the lender does not remember, he cannot collect.” (C.M. 82:2, 59:1; Shach 59:1-2)
“There is no loan document, here, though,” pointed out the camp director. “It seems like an undocumented loan.”
“Regarding an undocumented loan, if the lender makes a definitive claim, whereas the borrower remembers borrowing but is unsure whether he repaid,” said Rabbi Dayan, “the borrower remains liable, since he has a chezkas chiyuv (status quo of debt). If the lender also is unsure whether he was repaid, some say that the borrower has no obligation whatsoever, while others maintain he has a moral obligation to reach a compromise with the lender.” (C.M. 75:9,18; Shach 75:65,67; Pischei Choshen, Halva’ah 2:30[75])
“Would this dispute not apply to our case?” asked the camp director.
“Actually, since the counselor had a practice of keeping receipts in her pencil case and submitting them for payment, it is similar to one who kept records in a ledger,” answered Rabbi Dayan. “A person who is scrupulous with his ledger can rely on it to make a definitive claim. Thus, if Sara always presented the receipts for payment, she has a definitive claim and you would have to pay for the remaining receipts. However, if she would sometimes be reimbursed without presenting the receipts, her claim is also doubtful and you would have, at most, a moral obligation to compromise.” (C.M. 91:4-5; Shach 91:24; Pischei Teshuvah 91:7 and Nesivos 91:18 based on Tumim 91:8)