A Project of the Business Halacha Institute

Under the auspices of HaRav Chaim Kohn�

Submitted by C. D. Feldman

The Dentist Dilemma

My dentist�s secretary called. She is not sure what happened, but they just received a $325 check from me in the mail that was dated August 2006!� Since the check was obviously written to pay for services at the office and it was apparently never cashed, they want a new $325 check to pay for the services for which we haven�t paid.� I searched through my financial records for 2006 and didn�t find any record of an outstanding bill to the dentist.� My family has been going to the dentist regularly all this time and we were never told that we had an outstanding balance.

Q: Am I obligated to pay the dentist, since he has circumstantial evidence of an office visit for which we did not pay?

A: First, some background.� In order for one to be able to collect any sort of disputed debt he must produce evidence of the existence of the debt.� Generally, this is done by producing witness testimony or a signed document wherein the debtor agrees to pay for something.� There is a discussion concerning the reliability of a record of a debt found in one�s ledger.� Are they considered reliable and can they be used to force one to pay or not?� Shulchan Aruch (Choshen Mishpat 91:5) writes that a person�s financial records are considered reliable.� This reliability is so strong that when there is additional evidence that lends credibility to the record one could even collect from orphans.� Chazal took great pains to protect the financial interests of orphans since they are often ignorant of their father�s business dealings and not sophisticated or experienced enough to immediately understand the complexities of business.� If financial records are sufficient to collect money from orphans it seems they are considered definitive proof of a debt.� The question we must ask is whether the check, in our case, qualifies as a record from the patient that he owes the dentist money.� One could argue that the check should be considered proof since the check was made out to the dentist and never cashed.� This assertion, however, is incorrect.� An uncashed check does not constitute sufficient evidence that one owe�s money since it is possible that the check was lost and had been replaced.� This possibility inhibits the dentist from making a definitive claim against you.� As such, unless the dentist is able to produce more definitive proof that there is an unpaid bill you are not obligated to replace the $325.

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Please be advised: These articles are for learning purposes only and cannot be used for final halachic decision.

(YWN Desk � NYC)