Tomb of Tana Hakadosh Rabbi Nachum Ish Gamzu
Rabbi Nachum Ish Gamzu was one of the first Tannaim (sages of the Mishnah era) and teacher of Rabbi Akiva
A man lent money to a close friend. The lender owns a property and hired this same friend (the borrower) to do electrical work in his property. The original loan was never repaid because the electrician claimed the lender/owner refused to fully pay for his work. He warned that costs could rise significantly depending on the electric company’s requirements, which couldn’t be known until part of the job was completed. This happened over 15 years ago, their friendship soured, and now the lender wants repayment. The electrician says he owes nothing and is in fact owed money. The owner says, “Show me the invoices, and I’ll pay.” The electrician has no records. What’s the ruling?
Since there is a valid loan document and the borrower admits he never repaid it, while he has no proof regarding his claim for payment for electrical work, the borrower must repay the loan. If he wishes to claim payment for his work, he must bring proof and formally sue. A borrower cannot evade a documented debt by making unsubstantiated counterclaims.
This answer is not a binding ruling, as the other side’s arguments were not heard. The correct course is to bring this case before a beit din (Jewish court) to hear both sides and rule accordingly.
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