Doubt Regarding Payment of a Debt
Question
Several people pay me each month for work, and I record all the payments in an organized manner. One of them claims that he gave money to another person to pass on to me, and did not pay me directly. I asked the possible people, and they all say that they did not receive money from him. On the other hand, I remember a situation in which he brought me money, but I do not remember any additional details. In my list it is written that he did not pay, and I generally record immediately every payment that I receive. Therefore it seems to me that he probably did not pay. What is the ruling in such a case?
In addition, what is the ruling in a theoretical case where he would not have claimed that he gave the money to another person, but only I remembered a situation in which he brings me an envelope, while in my list no payment appears, and he himself does not know whether he paid?
In addition, what is the ruling in a theoretical case where he would not have claimed that he gave the money to another person, but only I remembered a situation in which he brings me an envelope, while in my list no payment appears, and he himself does not know whether he paid?
Answer
Shalom uverachah
In the present case, he is certainly obligated, because he says that he did not pay you but rather gave it to another person, so you certainly did not receive it from him.
In a case where you remember that he brought something and you are uncertain, and he says with certainty, “I did not pay,” he is obligated on the basis of his admission.
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Answers questions at Rav Amram Fried's Beit Horaah
Smicha "Yoreh-Yoreh" (2012), Rav Amram Fried's Beit Horaah
Orach Chaim, Yoreh Deah
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