Sunday, April 19, 2009

Bava Kamma 112 - Defendant Needs to be Summoned and Present in Court (Torts)

When one lends money to another Jew, he should "...not take from him interest and increase..." and refund any interest if taken "...so that your brother may live with you."

Suppose the father leaves his children interest money, and they know it is interest. In that case, they are not obligated to return it – because they have acquired it through the combination of the owner losing hope to recover it and the change of ownership domain.

The court can't accept witnesses' testimony in the absence of the defendant – unless he refuses to come and there are pressing circumstances.

Art: The Moneychanger (detail) by Rembrandt Van Rijn

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