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
Hello, rabbi
A person told his friend that the friend who lent him the object in his possession allowed someone else to use it, and indeed that other person used it, but when the owner came, he denied it and said he never consented.
Would it be permissible to use the object based on the fact that a single witness is reliable in monetary matters?
Thank you
Hello and welcome
It is permissible to trust a person who says that the lender agrees to use the borrowed object with other people; however, if the borrower’s words are not true, the borrower commits theft by giving the borrowed object to another person without the lender’s consent.
Although money cannot be extracted based on a single testimony, but only based on two testimonies, as the Torah says, “a single testimony shall not rise against a man for any transgression or sin,” the borrower is reliable to say that the lender gave permission to others to use the object.
Once the decisors (poskim) have already explained that the rule of not taking money based on a single testimony applies only to the taking of money in a judgment between two parties, however, in relation to the revelation of property and the management of money that do not involve a dispute between two parties, a person is reliable in this case and there is no need for a testimonial judgment. Just as it is sufficient to return a lost object to a Torah scholar based on visual recognition, and it is not said that one cannot take money based on a single testimony, so too a person is trustworthy to say that they redeemed the object that was under their possession from the consecrated fund (hekdesh), and so on.
With best regards
Rabbi David Ohayon
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