If, however, both borrowers have assets, all the laws of a guarantor apply and the lender may not collect the entire loan from the guarantor but must collect half from borrower.
Withholding The Rod ‘A Rebellious Son Never Existed And Never Will’ (Sanhedrin 71a)
He should have anticipated that the plaintiffs themselves might later forget who gave what.
When the employer stipulates clearly that the work must be done by a certain time, failure to complete it on time is a breach of contract, replied Rabbi Dayan.
On the night immediately following the 29th day of Elul and on the 30th day of Elul itself, people hedged their bets. They ceased work, went to the synagogue, recited the Rosh Hashanah prayers and blew the shofar, all in a tentative state of mind.
Start Of The Yeshiva Semester ‘Today Is Propitious…’ (Sanhedrin 65b – 66a)
There was no basis for him to assume that the two plaintiffs trusted each other and that one of them would not claim the repayment of a loan he never lent.
Today, few people fast during the Days of Selichot, but the custom is to rise early to recite Selichot.
The store was a rather expensive one. Furthermore, the mark-up in the clothing industry is usually about 100 percent.
Global Shabbos – Everywhere Simultaneously Departing After Shabbos, Arriving On Shabbos (Sanhedrin 58b)
From the violator’s perspective, the prospect of death at the Hand of God may seem as dim as a cloudy star.
I jumped into the water to save someone's life and my cell phone got ruined, he said. Is the man liable for the ruined phone?
On that Yom Kippur, the shattered pieces of God’s faith in the Jews were restored and the twin tablets of their eternal relationship renewed
They did not want the borrower to assume they trusted each other. Their purpose in telling him who lent what was so the borrower should take note of it.
A Future Investment ‘ A Halacha For The Days Of Moshiach’ (Sanhedrin 51b)
A Wedding Dance ‘ It Should Be Said While Standing…’ (Sanhedrin 42a)
Before receiving two hundred dinarim, each lender must swear that he was the one who lent two hundred dinarim.
By stifling your testimony, you deny the litigant this evidentiary benefit.
The halacha is that first C must repay the two hundred dinarim that are not in dispute.
D’tzach, Adash, B’Achav ‘Everyone Is Qualified To Judge’ (Sanhedrin 36b)
If the plaintiff lives in Chicago and the defendant lives in New York, the plaintiff may not summon the defendant to the bet din in Chicago but only to the bet din in New York.
The two decided to approach Rabbi Dayan. Mr. Weil damaged my car, said Mr. Braun. I'd like to have it repaired at a dealer-authorized body shop, but he has a cheaper estimate. Is he liable for the full cost?
Cases involving fines and punitive damages, kenas, required a court of three judges ordained with authentic semicha.
This will render any note the plaintiff may subsequently produce null and void...
Such a document is legally binding, said Mr. Cohen, but I'm not sure that it's halachically binding.
A Parrot Or A Lie Detector? ‘We Admonish The Witnesses’ (Sanhedrin 29a)
Many contemporary Jews living outside of Israel might treat a summons from the bet din, the Jewish court of law in the Diaspora, like a letter that can be ignored.
When Nosson returned, Gabi said to him: Avi came by for the $100 that you owe him. I paid him for you, so you can give me the $100.
Maintaining A Library ‘He Shall Write A Sefer Torah’ (Sanhedrin 21b)
If the defendant trusted the plaintiff with such a dangerous weapon as a promissory note, he only has himself to blame.
The door to our troubles first opened on that Seventeenth day of Tammuz when Moses walked in on the worshippers of the golden calf and shattered the tablets of the law.
Awaiting Elijah ‘Semicha… Is Performed By Three’ (Sanhedrin 13b)
Had the plaintiff brought two witnesses to testify in his favor, he would have won the case and judgment would have been entered against the defendant.
The Rambam, however, was of the opinion that hearsay evidence is not sufficient to require the defendant to take the Shevuat Heiset oath of denial, even if it came from the plaintiff’s father.
The search continues on in this way up the paternal family tree until it finally locates a living relative.
Ari took $200 out of his wallet. He said to two friends at the adjacent table: For the record, see that I'm lending Shalom $200.
The Longest Mesechta? ‘We Shall Return To You…’ (Bava Basra 176b)
When does the obligation of mitzvah lekayem divrei ha’met apply, and how could it have improved Jill’s position?
It should, therefore, be deemed insufficient to oblige the defendant to take the Shevuat Heiset oath of denial.
Mr. Gefen approached Rabbi Dayan and related the story. Can I take from the store what I deserve? asked Mr. Gefen.
A Shidduch Solution ‘Known In A Town For 30 Days…’ +---------------- (Bava Basra 167b)
Why does the halacha not recognize the validity of wills made in accordance with the law of the land?
Either way, the defendant does not have to take an oath to rebut the claim of an uncertain plaintiff.
My glasses! exclaimed Moshe. I hung them on the seat in front and you cracked them.
Rash And Impulsive ‘A Place Inhabited By Many Kohanim …’ (Bava Basra 160b)
Our rabbis, keenly aware of the often ephemeral nature of our resolutions, make us jump through some procedural hoops in order to ensure that we mean what we sell or give away.
Before the Torah obliges a defendant to take the Modeh Bemiktzat oath of partial admission, the defendant must admit at least one perutah of the claim and deny two maot.
It is the certainty with which the plaintiff presses his claim that obliges the defendant to take an oath and that saddles him with a moral obligation to pay.
Crossing The Divide ‘Then The Two Men Shall Stand…’ (Bava Basra 155b)
The bags had floated off in opposite directions and were already filling with water. Yehuda paddled away to pick up his bag.
The Priest Forbade Chametz ‘Acquired By Admission’ (Bava Basra 149a)
A typical example of a chok is the prohibition against wearing sha’atnez, clothes made of wool and linen. A typical example of a mishpat is the prohibition against murder.
Mr. Stein notified all the participants and called Mr. Turk. Our flight was delayed, he said. We will have to reschedule the bus for 5 p.m.
In order for an admission to be acceptable in court, it must be made in front of two witnesses appointed to hear it.
By Rabbi Dr. Nathan Lopes Cardozo
From a human perspective, circumcision happens just once; but from the perspective of mission, the message conveyed by this act – the Jewish nation’s unwavering commitment to a higher mission – resounds forever
Migo applies in a case that a person, usually the defendant, states a weak claim, one that would not ordinarily be believed...
It is upon the plaintiff to bring the required evidence to prove his case.
There can be no experience so unequivocal and obvious as to conclusively prove the existence of God or the divine origin of His Torah.
A Dramatic Change ‘Where His Son Traveled Overseas….’ (Bava Basra 132a)
The court is concerned the plaintiff might be exploiting the heir’s ignorance of his father’s business affairs and is trying to get paid a second time.
However, if the renter has a definitive claim (ba'ree), as in our case, he is in possession since he holds the money.
Who’s On First? ‘Who Is Considered A First Born?’ (Bava Basra 126b)
The identity of the heirs and their order of succession cannot be changed by testamentary disposition in a will.
The Torah does not impose an oath on a defendant in a dispute involving land, servants, or promissory notes.
Havdalah, according to most opinions, is of rabbinic origin. Accordingly, the rabbis have a more flexible approach.
Priorities ‘According To Their Wisdom And Their Age’ (Bava Basra 120a)
Another example of a case in which the Modeh Bemikzat oath of partial admission imposed by the Torah does not apply is where the amount admitted is less than a minimum amount of two kesef silver coins.
He discovered the Mikraos Gedolos cost about 35 percent more than the Mishnah Berurah.
Final And Proper Honors ‘In A Grave Not His Own?’ (Baba Basra 112b)
The plaintiff is entitled to the entire maneh without having to swear.
A person cannot be forced to receive something against his will, replied Rabbi Dayan. Therefore, the recipient has the 'upper hand' and can choose either to uphold the gift retroactively or to refuse it.
The burden of proof required in dinei nefashot, capital cases, is heavier than the burden of proof required dinei mamonot, monetary cases.
In this case, if the defendant had wanted to lie, he could have – instead of admitting he snatched it and explaining that it was stolen from him – simply denied that he snatched it altogether.
At First Glance ‘While You Were Feasting On The Dates Of Babylon…’ (Baba Basra 107b)
The contractor warned me that the local safety code requires a barrier around the pool. He's supposed to come in two weeks to install it.
Although it is preferable to live in Israel, there is no obligation to go. However, once you live in Israel, there is an obligation not to leave.
A defendant who is faced with one witness who testifies that he borrowed money is allowed to swear that he never borrowed any money and receive judgment in his favor.
Law Of Averages ‘Catacombs Are Four Cubits Long’ (Bava Basra 100b)
The behavior of Rabbi Akiva’s students left them particularly vulnerable between Pesach and Shavuot since this period is a time of celestial judgment.
Consequential Limitations ‘Seeds That Did Not Sprout’ (Bava Basra 92a)
He considers it direct damage and writes that even a guardian who is exempt from negligence [e.g., be'alav imo] or even a person who is not a guardian, is liable in such a case.
Whereas one week is sufficient to restore an individual to his natural state of divine purity, the entire nation required seven weeks.
The Torah believes the testimony of one witness that the defendant does not deny under oath – as if it were the testimony of two witnesses.
Rabbi Nechunia’s Prayer ‘ Even So, An Actual Incident Is Greater’ (Bava Basra 83a)
After a couple of hours in the kitchen, the meat was on the fire, the chicken in the oven, and some kugels already out on the table.
In order for an admission of a debt or for the forgiveness of a debt to be effective, it must be accompanied by some overt manifestation of serious intent.
On Chol HaMoed some work is prohibited and some is permitted. According to some opinions, the work prohibition is biblical; according to others, it’s rabbinical.
An Implacable Foe ‘Therefore Those Who Speak In Parables Say…’ (Bava Basra 78b)
If the chametz has already been legally nullified and physically burned, so that it is neither owned nor possessed by a Jew, why is it necessary to sell it to a non‑Jew?
Mr. Leiner checked the calendar, and saw that April 13 came out on Chol HaMoed. I was considering taking off that day, Mr. Leiner told his boss.
In all of these situations, the person volunteering the admission is exempt from any payment.
This is one of those posts that falls into the category of “If only I had the power to……..”
The reason the defendant must pay the money or return the item if he admits that he borrowed the money, stole it, or had something of value deposited with him but does not know whether he repaid the money or gave the item back, is as follows.
Must A Typical Sale Be Generous? ‘A Seller Sells Generously’ (Bava Basra 71a)
Glass cannot be kashered or used at all on Pesach because it is made of sand and is halachically considered earthenware.
Mr. Taub tried a few more times to contact Benjy, but was unsuccessful.
I can't accept that, said Mr. Mann. If you are not willing to honor the contract, we need to take up the issue in beis din.
Hung Out To Dry ‘A Roof With A Parapet 10 Tefachim High Is Not Included’ (Bava Basra 63b-64a)
If chametz became mixed with non-chametz on Pesach, the mixture is prohibited on Pesach even if the ratio of the permitted non‑chametz to the forbidden chametz is 1,000 to 1.
So too a person who admits he stole part of the money claimed, or who is confronted by only one witness who testifies to the theft, remains eligible to take an oath.