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Torah & Horaah — Mishpatim 5786

Выпуск: Torah & Horaah — Mishpatim 5786. Темы: не определены автоматически. D iN our site: WWW.dinonline.org.il THE TORAH& INTETNATIONAL BEIS HORAA The Institute for Dayanim HORAAH And under the auspices of Beis Horaah in memory of Baruch and Bracha Gross Mishpatim 5786 367  Question in Choshen Mishpot  By Rabbi Yosef Fleischman Paid for Merchandise with Money that is Later Suspected of Being Counterfeit-Part 1 Question I own a store that sells paper goods. While each one is different and Based on the Gemara (BK 118A), SA rules (75, 9) must be carefully considered on its own, the basic that if A claims that B owes him money since he issue that must be considered first is who is the borrowed money from him or received money to muchzak-i.e., what is the status quo. already repaid (einei yode'a im pratecho), and 1 Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org A is certain that he did not repay, beis din will and he has to prove his claim because this is like force B to repay. Some of the dayanim cannot obligate B to give him money just because agreed with the borrower's contention and some he is certain that B owes him money, neverthe- countered that since original-ly the defendant less, if at some point B certainly owed money and definitely owed money this was really similar the only issue is whether B repaid, A can force B to the latter case above and since the defendant to pay merely because he is certain that B still was uncertain if he ever repaid the loan he is owes him money. One proof was from the status quo) that B was obligated to repay A and Rambam's (Mechero 12, 12) ruling in case a the only question is whether the status quo person paid for a purchase with a coin which changed and the Gemoro (Kesubos 12B) rules the seller claimed was counterfeit. B countered that he had no idea kol) who agrees with the proofs of the Taz but that he gave the counterfeit coin to A and since claims that they are only relevant to cases of he already repaid his loan, A is now the claimant sales which is what the Rambam and Ramo were 2 Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org discussing but not to issues of repayment of a loan loan since before his payment the customer was which was the issue that the Taz asked to decide. Therefore, it is diffi

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Torah & Horaah

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13 февраля 2026 г.

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3