[Avodah] Refusal to pay, BM 17a

Yitzchak Schaffer yitzchak.schaffer at gmx.com
Wed Jan 5 05:04:02 PST 2011


Hello all,

On BM 17a Rav Zvid speaks of the following case: beis din orders a loveh to pay, he claims he paid, eidim testify he did not. Rashi fleshes out that the BD issued the order, then the malveh confronted the loveh before eidim, whereupon he /refused/ to pay. The loveh subsequently claims he paid after the confrontation, but we do not believe him. Rashi says this is because he was brazenly defiant of BD's order. See kushiyios haRosh. 

Sounds to me like Rashi sees the defiance itself as leading to a loss of ne'emanus. Two questions:

- what exactly is it about defiance of BD that dictates the loss of ne'emanus?

- why does he only lose it l'osah mamon?

--
Yitzchak Schaffer



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