[Avodah] Refusal to pay, BM 17a

Micha Berger micha at aishdas.org
Tue Jan 11 11:36:44 PST 2011


On Mon, Jan 10, 2011 at 6:31am EST, Yitzchak Schaffer wrote:
: That's just it; acc to Rashi, there's no denial, no lie on record. The
: edim say, be-fanenu teva'o li-feroa' lo ... /-lo para'./ Then, because
: he was me'iz la'avor a.p. BD, he's no longer ne'eman. So IHN, why le-fi
: Rashi is he called kafran if he never lied, and why le-oso mamon?

I think the problem is that you aren't being medayeiq in the case. To
quote your first post, from Wed, Jan 05, 2011 at 8:04am EST:
: 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...

But he doesn't claim he already paid. He says "ein lekha beyadi kelum".
Then after the eidim, "chazar ve'amar" (shades of another thread), he
change his story.

A says "B owes me 100 zuz."

B says "I do not owe A money."

B doesn't mention that he used to owe that 100 zuz until eidim force
him to admit there was once a loan.

As I said, it's like an anti-migo. If the guy were being honest, why
was he not giving the full truth?

Tir'u baTov!
-Micha

-- 
Micha Berger             A wise man is careful during the Purim banquet
micha at aishdas.org        about things most people don't watch even on
http://www.aishdas.org   Yom Kippur.
Fax: (270) 514-1507                       - Rav Yisrael Salanter



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