Q&A: A Question in Choshen Mishpat
A Question in Choshen Mishpat
Question
I tutor a student privately. Last week they gave me an envelope with 50 dollars in it. I immediately sent a text message confirming the amount I had received. But this week they insist they sent 300 dollars in that envelope; they claim they wrote that down in their records. They say I am a thief if I insist on the amount I am claiming, and as a result they would not want their son learning with me. So I said I was willing to start with a clean slate from here on. But they asked me whether I am certain about the amount I am claiming—and the answer is yes—because they do not want to owe me money unjustly. Who is in the right from the standpoint of Jewish law?
Answer
I didn’t understand the question. If you didn’t receive it, then you didn’t receive it. Are you asking whether you should believe yourself? Should they believe you? Certainly not. But it seems that in the end they do believe you. Are you asking what a religious court would rule if you came before it when there is no mutual trust? In my opinion, you would win. In the case of a hired worker, the burden of proof that they paid rests on them. In light of that, you also have a migo, since you could have denied receiving the envelope altogether.